Bauhaus in Brno-Ivanovice stands unlawfully, the magistrate ruled

Brno - The Brno City Hall has decided that the Bauhaus home improvement store in Ivanovice has been built unlawfully. The decision is not yet final, and Bauhaus can appeal to the regional office. The certificate authorizing the construction was issued in 2010 by authorized inspector Milan Teigiser in violation of the law. He did not engage several owners of neighboring plots as participants in the building proceedings, even though he was required to do so based on the decisions of administrative courts and subsequently the city hall, according to the declaratory decision provided by the Nesehnutí movement to ČTK. Bauhaus's statement is being sought by ČTK.

Bauhaus has been operating since 2012, and its construction was met with significant protests from Ivanovice residents, who have the supermarket across the road. The certificate was a legal means to replace a building permit; however, according to the lawmakers, it was meant for small constructions like family houses to shorten the building proceedings for individuals.

According to the opinion of the Regional Court in Brno and subsequently the Supreme Administrative Court, Teigiser should have granted several owners of adjacent properties the right to participate in the building proceedings, allowing them to enter with their comments, which he did not do. Their comments, however, had to be discussed substantively. "The limited liability company Heršpická - property management was not granted the right to build," the city hall stated.

The construction was also accompanied by other problems. For instance, a previous expert report stated that the sales area exceeds the size of 10,000 square meters permitted by the zoning decision. For several months, Bauhaus was ready, but sales were not allowed to take place.

Affected citizens joined together to form the Klidné Ivanovice association, which fought for their rights for several years. "The investor must have been well aware that it would be difficult to resolve a number of valid objections against the construction in a regular building process. Therefore, he strategically withdrew from the building proceedings and instead requested a certificate from the authorized inspector, who ignored the objections contrary to the law," said Martina Komendová on behalf of the association.

According to Hana Chalupská from Nesehnutí, the construction has been fraught with illegality from the beginning. "It was a gross violation of the zoning plan, which the company tried to hide with a clandestinely issued certificate, a loophole in the building law allowed this. Thanks to public oversight, this conduct was uncovered, and the building law was amended. MPs who propose in the current amendment to the building law to abolish the right of associations to defend local residents, and thus the public oversight of authorized inspectors, should withdraw their proposals after this decision by the city hall," stated Hana Chalupská from Nesehnutí.

She added that if the regional office confirms the city hall's decision, Bauhaus will be considered an illegal construction, which administrative authorities will then have to deal with. "It is possible to order demolition; Bauhaus can also negotiate with the affected individuals on some compensations, and the construction can be subsequently legalized, which is commonly done in the Czech Republic," said Chalupská.