The new Construction Act of 2021 will come into force on 1 January next year. Some of the new features it brings already started to apply this July, others will come into force in July 2024. After the New Year, the new Construction Act will mainly mean that the newly established Transport and Energy Construction Office (DESÚ) will start to permit so-called reserved constructions, which are large infrastructure constructions such as motorways or power plants, according to the new law. Other ordinary buildings, such as houses or garages, will only be permitted by the building authorities from July onwards under the new law.
The new construction law of 2021, which was pushed through by the then government of Andrej Babiš (ANO), was supposed to introduce a state construction administration headed by the Supreme Construction Authority from July this year. Last year, the current governing coalition, which criticised the new construction law while still in opposition, pushed for a one-year delay in the launch of the state construction administration. In the meantime, it has prepared another proposal which, as of this July, has completely abolished the planned Supreme Construction Authority. Instead, the existing building authorities at municipalities continue and a new DESU for reserved buildings has been created.
As the only construction authority, it will itself assess public health protection issues in the case of building permits, instead of regional health stations. It will also permit related constructions.
The new Construction Act as amended should shorten and simplify the construction procedure. This should be possible, for example, through a procedure where the construction authority itself bypasses the other authorities concerned and obtains their opinions in a so-called coordinated binding opinion. This opinion will now also include the so-called single environmental statement (SEA) under the completely new law. This will come into force on 1 January 2024.
There should be only one stamp at the end for the builder. The building authority could also trigger negotiations with the authorities concerned and the builder if necessary. If someone appeals against the decision of the building authority, the superior authority will have to decide. The file will not be returned to a lower level.
The new construction law will also allow black buildings to be legalised under certain conditions. In order to be legalised, a building must be in line with the municipality’s master plan or zoning measures, and compliance with public interests or requirements for public transport and technical infrastructure will also be required.
Source: DESÚ and CTK
