The AI certificate can only be issued for a construction that has not been started

Brno - The certificate of an authorized inspector, which is a document replacing a building permit, can only be issued for a construction that has not yet begun, according to ombudsman representative Stanislav Křeček. Inspectors occasionally issue certificates retroactively, which makes it difficult for nearby residents to express their views on the construction. If the certificate is issued retroactively and local residents complain, the building authority should address the objections, as stated in a press release published today.
    According to Křeček, the issue is the retroactive issuance of certificates for already commenced constructions. "The Building Act does not explicitly allow such a procedure," said the ombudsman representative. The retroactive issuance of the certificate denies nearby residents the opportunity to express their opinions on the construction. The only way to legalize an already commenced construction, according to Křeček, is to request a retroactive permit in the process of removal of the construction.
    As an example, the representative mentioned the construction of a hall for large-format concrete slabs in Hranice, Moravia. A certificate was issued for the construction, which was not agreed upon by the owners of neighboring properties. They challenged the certificate with an administrative lawsuit, and the regional court annulled it. "However, construction had already begun in the meantime, so after the certificate was annulled, the building authority initiated removal proceedings for the unauthorized construction. However, it later stopped the proceedings after the authorized inspector issued a new certificate for the construction," Křeček described the case.
    According to the ombudsman's representative, this repeated certificate is burdened with a serious legal flaw. The office actually issued it for an already commenced construction. According to Křeček, this denies the complainant her rights. "Although the so-called large amendment to the Building Act from 2012 brought certain changes to the legal regulation of certificates issued by authorized inspectors, the problem of insufficient legal protection for owners of neighboring constructions and land has not been completely resolved," Křeček added.