Experts: The Building Act will accelerate construction or negatively impact quality of life

Prague – The recently approved amendment to the building law may, according to professional associations, speed up and simplify construction in the Czech Republic, but it could also negatively impact the quality of life, environmental protection, and the preservation of monuments, as well as the interests of ordinary citizens. While construction entrepreneurs and developers believe that the change in the law brings a new and generally better approach, ecologists argue that the interests of large builders will now take precedence over protecting people, creating a greater opportunity for corruption. Local governments, for example, disagree with the abolition of the existing system of building offices and the transition to a state model of building administration. Experts communicated this to ČTK.

Building offices will now operate under the state, and a Office for Land Development and its regional branches will be established. Part of the officials from the current offices is to be transferred there. According to the amendment, a single combined construction procedure led by one office and concluded with one stamp should be sufficient for construction permits. The amendment assigns spatial planning to the separate competences of municipalities and regions. The law now establishes that the planning, preparation, construction, and operation of public infrastructure and designated buildings is in the public interest. This may play a role in possible considerations regarding expropriation. Designated buildings will also include those for mass housing. It will consist of a building or set of buildings with a predominant residential function with a total floor area of at least 10,000 m².

According to Jiří Nouza, president of the Union of Entrepreneurs in Construction, the change in the law will initiate a deeper transformation of the functioning of the state. "The key issue is not just that the law is changing. The key issue is that the approach is changing. The Czech Republic is clearly signaling that the speed and predictability of granting building permits are a public interest," he stated.

Zdeněk Soudný, the general secretary of the Developers Association, shares the same view on the legislative change. According to him, the amendment is a symbol of a change in approach. "We believe that this is where a deeper transformation around construction in the Czech Republic begins – from looking for reasons why construction cannot take place to finding ways to build quality, responsibly, and most importantly, on time. Such a change is crucial not only for more affordable housing but also for faster construction of schools, kindergartens, hospitals, homes for the elderly, and transport infrastructure," said Soudný.

The amendment was submitted in the form of a parliamentary proposal and did not have to go through the standard commenting process. Therefore, individual ministries, offices, or experts could not express their opinions on it. This process has long been criticized by the Association of Local Governments. According to the head of the association, Petr Halada, the proposal was discussed without sufficient materials and without basic requirements. He considers the exemption of delivery boxes from the regime of minor constructions to be positive. However, he sees the acceptance of proposals that retroactively legalize illegal constructions as a mistake. Such an adjustment undermines the principle of equality before the law and sends a very problematic signal to the public.

The ecological association Arnika views the approval of the law as bad news for nature, monuments, municipalities, and the rights of ordinary people. According to the spokesperson of the association, Luboš Pavlovič, neighbors will only be able to defend against any illegal permits through long and costly court disputes, which will not stop the construction itself. According to him, municipalities will be able to grant exceptions to zoning plans at non-public meetings of the council. The opinions of conservationists, health officials, nature protectors, and firefighters will also lose their binding nature, he added.

For example, Tomáš Prouza, president of the Czech Trade and Tourism Association and vice president of the Chamber of Commerce, appreciates the changes in the area of monument care. Although the protection of cultural heritage is important, it must not become an excuse for blocking the development of cities, modernization of buildings, and necessary investments. "The first steps have already been successful in this amendment, but it is high time to replace the outdated communist heritage law with a modern norm modeled on other European countries that can protect historical values without blocking development and growth," added Prouza.