As early as 1 January 2024, a new regulation was added to the collection of laws - Building Act No. 283/2021. Construction proceedings in the Czech Republic are considered to be unreasonably complex and long. But has the new Building Act really ’hit the nail on the head’ in its attempt to deal with this process? The new regulation is effective from 1 January 2024 for reserved types of construction (certain transport and industrial buildings). For ordinary structures (such as single family homes or apartment buildings), the law is effective from 1 July 2024.
How long will it still be possible to permit construction according to documentation prepared in accordance with the old Building Act No. 183/2006 ?
Until 30.6.2027, documentation prepared in accordance with the previous regulations can be used for the application for a planning permit.
However, binding opinions, consents, or decisions of the authorities concerned, opinions of public infrastructure owners and other statements issued before the date of entry into effect of the New Building Act (NBA) will already be considered as supporting documents in proceedings under the NBA. An unpleasant surprise may come from the fact that the extension of the construction permit from 1 July 2024 (for reserved buildings from 1 January 2024) should already take place according to the NBA, i.e. the project must comply with it.
1. System of authorities responsible for construction
Already after its approval, the new Building Act (NBA) underwent several amendments. One of them even abolished the system of state construction authorities, which the NBA had newly created. The competence of building authorities will thus continue to be exercised by municipalities and regions. (section 17)
The newly created Transport and Energy Construction Office will decide on reserved constructions (e.g. highways, railways, aviation constructions) in the first instance.
2. Digitization
A completely new digitalisation of the construction procedure will be introduced; project documentation will be uploaded to the Builder's portal, although paper submissions will still be possible. Digitisation will also include the creation of documentation repositories and after 1 July 2024 a system of digital submission of documentation verified by an electronic digital signature with a timestamp should be in place.
3. Builder's position in court
The builder or the owner of the construction, if he is not the plaintiff, will no longer be the standard party to the proceedings that he was under the previous regulation. He will only be a person interested in the proceedings. The unwanted abandonment of the earlier regulation will thus in practice lead to a paradoxical situation where the builder will have fewer procedural rights than the plaintiff, who may be the opponent of his construction in the proceedings in question. For example, he will not have the right to compensation for costs, he will not be served with any documents and he will not be able to give evidence. (section 305)
4. Stricter conditions for additional permitting of illegal constructions
The regulation on the permitting of illegal buildings will be much stricter. Unfortunately, the benevolence of the existing regulation has meant that it has often been abused. An illicite building may be permitted if it complies with the requirements for buildings and the builder pays a fine for the offence. The original proposal, which worked with the good faith of the builder (a structure can only be permitted if the builder had a good faith belief that it was permitted or that no permit was needed) will be abandoned. (section 256)
5. Procedural changes
Construction will be permitted by a single act. The current split between the zoning and construction permission phases is eliminated and replaced by permit of intention.
The building appeal authority will not, as today, return the decision to the building authority in the first instance in the event of an appeal, but will decide on the matter itself.
If a project requires the issuance of several binding opinions to be issued by the same administrative authority (e.g. the same municipal, city or regional authority), a single coordinated binding opinion or statement must be issued according to the NBA.
Expected success or disappointment? After seeing what changes the law was supposed to bring and what it finally brought, it is a mere shadow of the anticipated success.
The ambitious and meaningful original proposal and its final approved form have little in common. Unfortunately, the new regulation cannot be expected to significantly speed up and streamline the building permitting process, which was supposed to be its main objective.