Representative of the Ombudsman: The temporary stadium cannot be built without a permit

Brno - A temporary ice rink cannot be built without a permit; it is not a circus tent. The stadium was built last January in Brno near Lužánky without the proper permit, stated Stanislav Křeček, representative of the ombudsman, in a press release today. The construction is no longer standing, and the corrective measure requested by the representative of the ombudsman involved familiarizing the staff of the building authorities with the correct procedures for permitting temporary buildings.

The provisional stands made of scaffolding tubes were erected in Brno at the beginning of January last year. The outdoor hockey games then offered 12 matches, with the highlight being two extraleague matches of Kometa against Plzeň and Sparta. The match against Sparta was attended by 21,500 spectators, setting a visitor record for the competition.

According to the Building Act, every construction, even temporary, must be reviewed in proceedings before the building authority. Depending on the scale of the construction and the extent to which it affects public interest, a building permit, zoning approval, or simple notification is required. One of the exceptions that do not require a building permit includes circus tents and scenic structures for film, television, and theater. Křeček stated that the building authorities of the Brno district of Královo Pole and the City of Brno referred to this exception.

"Both concluded that the temporary construction of the hockey stadium can be considered analogous to a circus tent. They completely overlooked the fact that terrain adjustments were necessary for the construction of the stadium in order to create the ice surface, excavation work for laying cables, and extensive assembly work on the stands for 20,000 spectators," Křeček said.

He added that the authorities justified their approach by stating that the permitting processes according to the building law are lengthy, often ending up in administrative courts, and that a temporary hockey stadium could not be constructed in just 13 days if following those procedures.

"While I can understand the authorities' desire to quickly allow a temporary stadium to host an attractive hockey match, this does not mean that legal regulations should be ignored. Who other than the state and its agencies should set an example for citizens in adhering to the law?" stated the representative of the ombudsman.

According to Křeček, the location and construction of the hockey stadium required at least consideration in combined zoning and building proceedings, and the use of the structure should have been conditional on the issuance of an occupancy approval.