The preservation of building authorities in municipalities may be provided by law

Prague - According to the Senate's constitutional and legal committee, building authorities in municipalities should be preserved by law, not just by a decree from the Ministry for Regional Development. This was pushed today by the committee’s vice-chairman Michael Canov (SLK). Minister for Regional Development Ivan Bartoš (Pirates) disagreed with the amendment. The upper parliamentary chamber will decide on the form of the amendment to the building law, which among other things aims to abolish the Supreme Building Authority and its subordinate system of regional offices, next week.

Canov justified his proposal by stating that preserving the existing seven hundred building authorities solely by decree would mean that the ministry could reduce building authorities in smaller municipalities at its discretion, except for building authorities in Prague and in municipalities with extended powers. "Everything else would depend on the will of the ministry," said Canov. The amendment allows the ministry to reduce the number of offices based on building activity.

According to the senator's proposal, the law should preserve all building authorities in municipalities that exist as of June 30 of this year. The building authority could only be abolished at the request of the relevant municipality or for failure to fulfill obligations. Bartoš justified his disagreement by stating that he has no ambition to interfere with the existing system of building authorities and plans to maintain all building authorities by decree, as requested by another of the Senate committees.

The amendment assumes that the only central building authority will be the Transport and Energy Building Authority subordinate to the Ministry of Transport, which will mainly be responsible for transport and energy constructions. Thanks to the amendment, builders could also more easily and quickly obtain building permits. This will be facilitated by a process in which the building authority will contact other relevant authorities and obtain their opinions in a so-called coordinated binding opinion. This opinion will now also include the so-called unified environmental opinion (JES) according to entirely new legislation.

The proposal should also enable the legalization of some illegal constructions, such as various garden sheds or pergolas, for which compliance with conditions can be expected. In order to legalize the construction, it must be in accordance with the municipal zoning plan or territorial measures, and compliance with public interests or requirements for public transport and technical infrastructure, among others, will also be necessary, outlining one of the conditions. Consent from neighbors will also be required.

The amendment is set to come into effect on July 1, 2024, but for reserved constructions, such as highways or power plants, it should take effect from the beginning of next year.