Seitlová: The state must improve oversight of authorized inspectors

Brno - Lawmakers should pass the partial amendment to the building law as soon as possible, which will increase control over the activities of authorized inspectors. Jitka Seitlová, the representative of the ombudsman, said this to ČTK today. Inspectors have been operating in the Czech Republic since 2008. They conduct abbreviated building proceedings and issue certificates that replace building permits. When lawmakers established this function years ago, they intended to shorten lengthy building processes in good faith; however, it has become apparent that inspectors do not always operate in accordance with the law, stated Seitlová.
    The Ministry of Regional Development (MMR) agrees with the remarks regarding the functioning of authorized inspectors. "The MMR is aware that the current legal regulation of abbreviated building proceedings has proven to be insufficient in practice, and therefore the proposed amendments to the building law are part of the draft law which should help address the application issues," said ministry spokeswoman Jana Jabůrková to ČTK.
    Since 2009, the ombudsman has been alerting lawmakers in annual reports on its activities that the actions of inspectors are associated with significant issues. The office of the public defender of rights currently records about 20 cases in this context.
    "The current legal regulation is not sufficient. An amendment to the building law is necessary. Although a major amendment is currently being worked on, its adoption may still take a long time. Therefore, I would advocate for a partial amendment to be adopted," emphasized Seitlová.
    If an inspector issues a certificate and thus allows construction, currently, there is only one option to overturn his decision and achieve its cancellation. That is through filing an administrative lawsuit. If the inspector does not take into account all aspects associated with the planned construction, he may allow a significantly problematic project. Opponents are then left with no choice but to file a lawsuit and wait a long time for a decision.
    Seitlová would consider it more advantageous if the inspector were under public control. This could be a newly established obligation to inform the parties affected by the new construction of the intended actions before issuing the certificate and obtaining their consent to the project.
    The supervision of inspectors' activities should be assigned to building authorities, to which appeals regarding inspectors' decisions would be submitted. There would be no need to file lawsuits anymore. Inspectors are appointed by the Ministry of Regional Development. It is also a question of whether they should be dismissed based on identified shortcomings. So far, this has not occurred.
    The most well-known case related to the issuance of a certificate by an authorized inspector is the case of the construction of a store for Bauhaus in Brno-Ivanovice. The building is already standing, and according to available information, goods have already been brought in. Nevertheless, it remains closed. A part of the local residents has criticized the construction of this hobby market from the very beginning. After numerous disputes, the construction was permitted by a certificate issued by an authorized inspector. Everything ended with the filing of an administrative lawsuit. A decision in the matter is awaited.
    In the planned amendment to the building law, the MMR proposes that the certificate issued by an authorized inspector be published by the building authority on the official notice board at the construction site for 30 days. For the following 15 days, participants in the standard building proceedings will be able to submit any objections.
    The proposal for the amendment to the building law is to be reviewed by the government in January, after which it will be submitted to the MPs in the chamber.