According to the heritage advice, the building law will not prevent illegal constructions

Prague - The new building law will not prevent the worst illegal constructions; it will still be possible to build without a permit. Additional permits will be obtainable if the construction begins in good faith. The Czech National Committee of the International Council on Monuments and Sites (ICOMOS) stated this in a press release today. According to them, the Ministry for Regional Development (MMR), which introduced the law, did not accept the proposed amendment aimed at preventing illegal constructions in its remarks.

"According to the ministry, this good faith is in accordance with the substantive intention of the law," ICOMOS stated. The association added that a possible fine of two to four million crowns is a minor expense for developers, easily absorbed in construction costs. According to ICOMOS, even after addressing the comments, there are still fundamental discrepancies in the draft of the building law, which make it a "developer's construction standard." "The reasons for the fundamental comments from the Czech National Committee of ICOMOS were simply dismissed by the office, or they pretend that they do not exist," said ICOMOS spokesperson Jan Štoll.

According to Minister for Regional Development Klára Dostálová (for ANO), the law would be too harsh if it did not allow for the consideration of the builder's good faith. "The building authorities pointed this out as well. Therefore, if the builder acted in good faith and the construction meets the requirements for a building permit, it will be possible to grant the permit retroactively, but with the imposition of a significant fine," stated Dostálová to ČTK.

A part of the law that ICOMOS, as well as the National Heritage Institute and the Ministry of Culture, repeatedly criticizes is the attempt to integrate the issue of protective heritage zones into the jurisdiction of building authorities. These zones are parts of cities or municipalities that are adjacent to heritage reserves or heritage zones. They do not have as strict rules regarding heritage care, which is why they often become targets for developers. However, according to experts, heritage experts should continue to have an influence on construction in these zones.

MMR insists on the integration of heritage conservation bodies within the scope of their protective zones into building authorities. "Partial integration will lead to the splitting of state heritage care between two different systems of state administration bodies with different central administrative offices, resulting in a schizophrenic organizational model," stated Václav Girsa, president of the Czech ICOMOS committee. He believes the change will make it impossible to protect the mentioned zones. "We will witness more extensive demolition of existing buildings for spatial gain, particularly in areas immediately adjacent to historical city centers like Prague, Telč, or Olomouc, and countless others," he added.

Regarding the issue of protective zones, the Scientific Council of the Director of the National Heritage Institute wrote to Culture Minister Lubomír Zaorálek (ČSSD). "At least in the case of protective zones of world heritage sites, the proposed amendment is in conflict with the international obligations of the Czech Republic. Separating the agenda of protective zones from the monuments whose cultural values they are meant to protect is a systemic error," stated the chair of the council, Jiří Kotalík.

MK spokesperson Michaela Lagronová told ČTK that Zaorálek is preparing a response to the letter. "We have conducted tough negotiations with MMR about the building law. Minister (Klára Dostálová) promised the minister that all our fundamental comments would be addressed, such as that the opinions of heritage experts will be binding for work on cultural monuments. This is absolutely crucial for the minister, and without it, he could not support the building law. Now we need to ensure that this is indeed the case," stated the spokesperson.

As Dostálová mentioned, she agreed with Minister Zaorálek that the heritage conservation bodies would be integrated only partially, specifically in the protective zones of monuments. "However, even this integration does not mean that the protection of monuments will not be ensured. Heritage experts will continue to defend the public interest within the building authority, which will issue a coordinated statement for each project, and the building authority will be obligated to reflect this interest," the minister added. Regarding cultural and national monuments and heritage reserves, the heritage authority will continue to have an independent status, and its opinions will be binding for the building authority.

Deputy Minister for Cultural Heritage at MK Vlastislav Ouroda previously told ČTK that the proposed form of the building law signifies the end of effective monument protection. There is a risk that all Czech monuments on the UNESCO list could end up on the endangered monuments list, he added.