Builders can bypass building permits through a certificate

Brno - So-called authorized inspectors, who issue certificates allowing construction, may violate the rights of neighbors and other individuals affected by the construction. Today, Ombudsman representative Jitka Seitlová pointed this out. According to her, practice has shown that inspectors often do not take neighbors' objections into account or do not engage them at all. The institute of authorized inspector was introduced by the new construction law. The inspector issues a certificate, which effectively replaces a building permit. This allows the builder to avoid what can often be a lengthy and laborious construction process.
According to Seitlová, the situation is worsened by the fact that there is no legal remedy against the certificate. People can appeal against an issued building permit, but not against the certificate. In a similar case, only one court has so far ruled, to which the opponents of the construction addressed, and that is the Municipal Court in Prague. They said that the matter was not within their jurisdiction and referred to civil proceedings.
People have contacted the Office of the Public Defender of Rights in several similar cases. Not always were they angry neighbors. For example, the town of Čelákovice sent a suggestion, stating that the authorized inspector issued a certificate without asking the town for its opinion.
According to Seitlová, there has so far been a clear sequence of territorial decision and building permit. When the court annulled the territorial decision, the building permit ceased to be valid as well. However, this issue is not resolved regarding the certificate; in one specific case, for example, the inspector issued the certificate even though the court had previously annulled the territorial decision. He did so before it gained legal effect.
In another case, opponents of the construction turned to the court, which granted the lawsuit a suspensive effect. However, the builder disregarded this and began construction with the certificate in hand. It is unclear whether the construction will be considered unauthorized, or whether the court will address the matter or refuse it.