Prague – From January 1st next year, a new building law from 2021 will come into effect. Some innovations that it brings began to take effect this July, while others will start from July 2024. After the New Year, the new building law will mainly mean that the newly established Transport and Energy Construction Office (DESÚ) will start approving so-called reserved constructions according to the new law, which are large infrastructure constructions such as highways or power plants. Other common constructions, such as family houses or garages, will begin to be approved by building offices according to the new law only from July.
The new building law from 2021, pushed through by the then-government of Andrej Babiš (ANO), was supposed to establish a state construction administration led by the Supreme Building Authority starting this July. The current ruling coalition, which criticized the new building law while in opposition, last year pushed for a one-year delay in launching the state construction administration. Meanwhile, they prepared another proposal that completely abolished the planned Supreme Building Authority as of this July. Instead, existing building offices in municipalities continue to operate, along with the newly created DESÚ for reserved constructions.
As the only building office, it will itself assess issues of public health protection in the case of building approvals instead of regional hygiene stations. It will also approve related constructions.
The new building law in its amended form should shorten and simplify the building process. This will be facilitated by a procedure where the building office itself will reach out to other affected offices and obtain their opinions in a so-called coordinated binding statement. This statement will also newly include a so-called unified environmental statement (JES) according to a completely new law. This will take effect on January 1, 2024.
In the end, there should be only one stamp for the builder. The building office could also, if necessary, initiate discussions with the affected offices and the builder. If someone appeals against the decision of the building office, the superior office will have to decide. The file will not be returned to a lower level.
The new building law will also allow for the legalization of illegal constructions under certain conditions. In order to legalize the construction, it must be in accordance with the municipal zoning plan or spatial measures, and it will also be necessary to comply with public interests or requirements for public transport and technical infrastructure.
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