The construction law will likely make it easier to obtain opinions from certain authorities.

Publisher
ČTK
07.03.2023 20:35
Czech Republic

Prague

Prague – Builders could more easily and quickly obtain a building permit. This is to be enabled by a procedure in which the building authority itself will contact other relevant authorities and obtain their opinions in a so-called coordinated binding opinion. This opinion will now also include a so-called unified environmental opinion (JES) according to a completely new law. In the end, there should only be one stamp for the builder. The building authority could also initiate discussions with the relevant authorities and the builder if necessary. These changes are anticipated in the amendments proposed by the parliamentary committee for public administration to the government’s amendment to the building law, which primarily abolishes the establishment of the Supreme Building Authority. The amendment was discussed by the Chamber today in its second reading.


Similarly, today the MPs discussed and passed to the third reading the proposal for a new law on JES, which is related to the amendment of the building law. This change in building law could also expand public participation at certain points in the building process.

The Deputy Speaker of the Chamber and former Minister for Regional Development Klára Dostálová (ANO) and the chairman of the parliamentary subcommittee for housing policy and construction Jiří Havránek (ODS) told ČTK that the amendment was prepared by the opposition together with the coalition and then smoothly approved by the committee. Minister for Regional Development Ivan Bartoš (Pirates) also told MPs today that the proposal was presented across the political spectrum and aims to speed up the building process. This means that the building law might not be threatened in every election period after a change in political representation, believes Dostálová.

"The builder can immediately learn that there is such a problem with the protection of public interests that it is not permissible," described Dostálová to ČTK one of the proposed changes. "What this means for the builder: one application and in the end one stamp," said Havránek to ČTK. However, Dostálová pointed out that despite the agreement on the committee's amendment and the inclusion of authorities in the permitting processes, the irreplaceability of officials from individual offices will still remain. According to her, the change in the law will also not resolve the so-called systemic bias of officials. Deadlines will also not be enforceable.

The enforceability of deadlines in the new building law was supposed to speed up the building process according to the former government. However, the then-opposition parties, which formed the current government coalition after the 2021 elections, did not like the new building law. They protested mainly against the complete transfer of building authorities to the state. The Supreme Building Authority was to be established with subordinate regional building authorities. The current government coalition first pushed for a one-year postponement of the establishment of the Supreme Building Authority and has now come up with an amendment that completely abolishes it and leaves building authorities under municipalities.

The government amendment retained the Specialized and Appeal Building Authority from the original law. This authority is to be primarily responsible for strategic constructions, such as highways or power plants. This authority is now to be renamed the Transport and Energy Building Authority and will be subordinate to the Ministry of Transport.

The Chamber is discussing the amendment to the building law simultaneously with the proposal for the JES law and the related amendment law. The committee's amendment for the amendment law could again allow for greater public involvement in the building process in the proposed amendment to the nature conservation law. "It again returns the public's opportunity to participate in the permitting of constructions that concern the felling of trees or exemptions from bans on memorial trees and specially protected species," stated the chairwoman of the Environment Committee Jana Krutáková (STAN) in a press release. About 150 representatives of associations approached MPs calling for the restoration of public participation in building proceedings.

The parliamentary committees recommended that the new JES law should take effect only from January next year instead of this July 1. In the amendment to the building law, the economic committee recommended that charging stations or gas storage facilities should also be included among public infrastructure and facilities serving public needs. It also proposes easier construction of underground optical public networks. The Public Administration Committee proposed simpler construction of facilities for forest kindergartens. It also suggests that building authorities should be able to order the removal of a structure that is in conflict with spatial planning documentation. Just for the building law amendment, MPs raised around twenty change proposals today.

According to the Platform for a Healthy Building Law, which represents, for example, the Association of Construction Entrepreneurs, the Czech Chamber of Architects, and the Developers' Association, the proposal for change could bring improvement against the original version of the amendment if political promises are upheld. In the area of simplifying and speeding up the permitting process, however, the platform believes that a more thorough and effective solution could have been created.
The English translation is powered by AI tool. Switch to Czech to view the original text source.
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Jan Vlach
08.03.23 11:08
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