Dostálová: The Construction Act will be effective from mid-2023

Prague - The new building law, which aims to accelerate and simplify the approval of construction projects, is set to come into effect in the middle of 2023. Klára Dostálová (for ANO), the Minister of Regional Development, informed ČTK today. Although it is supposed to be applicable as early as next year, which many experts consider to be an overly ambitious plan, affected entities will only be required to comply with it after the date of effectiveness. The transitional period will serve to allow them to become acquainted with it. The regulation has several critics who argue, for example, that it favors developers and does not protect public interests. According to some opponents, it is unconstitutional.

"The main concern is that the law must be of high quality. In agreement with Prime Minister Andrej Babiš, we have extended the processing of the comments procedure by two months until the end of this March to ensure that the law is as consensual as possible. No one needs to scare us with a collapse in approvals; the law will come into effect in the second half of 2023, allowing sufficient time for the current model to be transitioned to an independent system of building authorities headed by the Supreme Building Authority under the government," Dostálová said today to ČTK.

According to some analysts, the Ministry of Regional Development (MMR) merged the terms of validity and effectiveness of the law during the preparation process. As a result, it often appeared that the law was to be valid from 2021 and effective at the same time. However, experts argue that this is not possible in the case of such a complex legal norm. For example, it took about two years for the Civil Code.

The law is valid after it has been approved by the Chamber of Deputies and the Senate, signed by the President of the Republic, and published in the Collection of Laws. However, compliance with it is only necessary after the date of effectiveness. The transitional period serves to ensure that affected entities familiarize themselves with it.

The new building law aims to expedite and simplify the approval of construction projects. According to the MMR, the approval process for constructions should be reduced from the current average of 5.4 years to one year. However, experts point out that these are timelines for larger projects; the approval process for the construction of single-family homes is usually much shorter.

The proposal anticipates that the territorial proceedings, building proceedings, and environmental impact assessments (EIA) will be combined into a single approval process. A crucial component, according to the MMR, is the digitization of building administration ranging from spatial planning documents to a digital technical map, project documentation for constructions, and electronic records of building authorities.