Builders and officials will be able to temporarily process applications in the original form

Prague – Builders and employees at building offices will temporarily be able to decide for themselves whether to use new digital systems for processing applications or stick to the original form. Documents can be submitted, for example, via data boxes or in paper form. At the same time, it will not yet be necessary to publish territorial documentation through the National Geoportal of Spatial Planning (NGÚP). This comes from a preliminary draft amendment to the Building Act, which CTK has available.

The new Building Act and the digitization of the building process came into force on July 1 of this year. However, public officials and builders have faced issues since the launch of the new systems. The preliminary draft of the legislative change does not yet specify how long the transitional period will last. According to the spokesperson of the Ministry of Transport, František Jemelka, the deadline will be set before October 16, when the government is scheduled to meet.

According to the proposal, it would still remain in effect that the designer must submit documentation via the Builder's Portal. However, the builder themselves would no longer need to submit the application through the portal. They would only need to include a link to the location on the portal in the documentation submitted in paper form or through a data box.

Currently, the law requires applications to be submitted to offices exclusively via the Information System of Building Proceedings (ISSŘ). However, officials would now be able to process them, for example, through data boxes as well. According to Jemelka, a way is being sought to ensure that officials receive notifications so that applications do not get overlooked if sent by a different route or through the Builder's Portal.

Similarly, officials would not have to work exclusively with the ISSŘ if they received documents in paper or other forms. Some officials are already relying on original and better-functioning systems. However, they believe that in the future there could be a risk that this method of processing applications could be legally contested.

"If a building office receives an application, for example, on paper or through a data box, it will be able to handle it as it was used to do until June 30, 2024, and as it currently handles applications submitted. Only if the proposal includes documentation processed by the designer, then the building office will have to download it via the ISSŘ,” Jemelka explained. The proposal also states that all actions taken in the ISSŘ before the date of the amendment's effectiveness remain valid.

According to the new law, it is now necessary to publish documentation of territorial plans via the NGÚP. However, this is practically non-functional since its suppliers were unable to process its necessary parts on time. The legislative change would allow the publication of documentation on the offices' websites, thereby fulfilling the legal obligations required by the new Building Act, according to the proposal.

The Ministry of Transport is currently evaluating and processing further comments on the proposal, according to Jemelka. It has been sent to professional groups and representatives of some offices, who are expected to meet for further discussions at the Ministry of Transport on October 7. In the meantime, representatives of the department will also start talks with parliamentary clubs to seek support in the Chamber of Deputies.