NSS complied with activists in the fight against building certificates

Brno - The certificate that so-called authorized inspectors grant for certain constructions under the new legal regulation is, according to the Supreme Administrative Court (NSS), an administrative decision, and therefore it can be contested. Czech justice must now find control mechanisms for certificates. The NSS stated this in a ruling that accepted the cassation complaint of the Nesehnutí movement and citizens from Brno-Líšeň, protesting against the construction of residential buildings and hostels on Horníkova street. The decision is available on the court's website.
    "The stated ruling of the Supreme Administrative Court is a big step forward for other cases where residents are struggling with the activities of authorized inspectors, and it is a clear signal that the activities of authorized inspectors are not uncheckable, as has so far been propagated in professional circles," said lawyer Sandra Podskalská from the office that represented the activists.
    Activists from Líšeň unsuccessfully sought the annulment of the certificate at the Municipal Court in Prague, which they claimed was illegally issued by the building inspector. The Municipal Court must re-examine the case. The NSS did not agree primarily with the Municipal Court's view in Prague, which considered the certificate not as an administrative act but as a fulfillment of a contract between the builder and the inspector, since the builder pays the inspector who issues the certificate.
    The Municipal Court must base its new proceedings on the NSS's decision that "the certificate of the authorized inspector notified to the building authority is (...) an administrative act creating public subjective rights." The Municipal Court must fill in the blank space in the case law and decide what control mechanisms are applicable.
   "Given that there are several possible options to consider, the Supreme Administrative Court is not authorized at this stage of the proceedings to assess this issue instead of the Municipal Court," stated the NSS panel, chaired by Radan Malík.
    The NSS also reiterated in its ruling that it is not excluded for civic associations to participate in building proceedings, even in the case of so-called expedited building proceedings.
    According to the NSS, the legal regulation of certificates is insufficient, and therefore courts must provide protection to the injured parties in justified cases. "We perceive the decision of the Supreme Administrative Court as good news for the public affected by disputed construction projects. Their ability to influence expedited building proceedings has so far been considered very limited, and appeals against issued certificates practically impossible," said Lukáš Lyer from Nesehnutí.
    The institution of authorized inspectors was recently criticized by Deputy Ombudsman Jitka Seitlová. According to her, inspectors can violate the rights of neighbors and other people affected by the construction. Practice has shown that inspectors often do not take into account the objections of neighbors or do not contact them at all. The institution of the authorized inspector was established by the new building law. An inspector issues a certificate that effectively replaces a building permit. This allows the builder to avoid often lengthy and cumbersome building proceedings.