MMR wants to protect those who illegally constructed buildings and violated the law unintentionally

Prague - Some illegal constructions, according to an amendment proposal to the building act, may not have to be removed if their demolition would cause more harm than their retention. According to the Ministry for Regional Development (MMR), owners of properties who had a structure on their land without knowing it was in violation of the law could be penalized by demolition. However, engineers and technicians suggest that the amendment to the building act could encourage and legalize the construction of illegal buildings. This is indicated by statements from the ministry and experts contacted by ČTK.

The amendment proposal to the building act has been discussed by parliamentary committees and will subsequently be approved by the Chamber of Deputies itself. According to the proposal, the building authority will not order the removal of buildings requiring permits if it could have disproportionately negative effects on their owner. At the same time, the authority may grant additional permissions and approvals if this does not disrupt the public interest or the rights of other individuals. However, the owner will still face violations.

According to MMR spokesperson Veronika Lukášová, the aim of the changes is not to excuse intentional circumvention of rules but to distinguish whether a situation arose unintentionally. The ministry states that there should be no penalties if, for example, people acquired an illegal building after purchasing it without knowing it was created in violation of the rules. Additionally, according to her, it happens that property owners built according to rules that, after changes in the law, no longer matched the newly set parameters.

"Practice shows that in many cases, a formal defect, a procedural error, or a misalignment with the law is discovered only later, of which the builder was unaware. Sometimes the situation also arose because the public authority issued a permit that it shouldn’t have," Lukášová stated.

The Union of Construction Entrepreneurs (SPS) also views the situation similarly, which has long supported the change in the building act proposed by coalition lawmakers. According to SPS Vice President Zdeněk Soudný, the amendment does not change the rules such that it would be possible to retroactively approve constructions carried out in violation of the law. The change introduces the principle of assessing whether the construction actually harms someone and whether its removal would not cause greater harm than its preservation.

On the other hand, the Czech Chamber of Authorized Engineers and Technicians (ČKAIT) opposes the change. "Such a proposal is completely unacceptable as it would declare that adhering to building discipline is merely an empty phrase," stated ČKAIT board member Renata Zdařilová.

The Minister for Regional Development Zuzana Mrázová (ANO) reportedly has constructions on her land on the edge of northern Bohemia's Bílina that violate the city's zoning plan, according to the server Seznam Zprávy. She previously rejected the opposition's call for her resignation and stated that she has never overstepped legal boundaries or abused her political position for personal gain. Prime Minister Andrej Babiš (ANO) has also supported the minister, stating that he is not preparing any changes in the government. The opposition emphasized that the amendment to the building act is intended to facilitate the legalization of illegal constructions. However, Mrázová denied that the change in the law is related to the structures on her land.