The Senate rejected the contentious construction amendment, critics referred to it as a monstrosity

Prague – If the coalition manages to push through the amendment despite a possible presidential veto, senators mainly from the clubs of Mayors, ODS, and TOP 09 will turn to the Constitutional Court. According to Stanislav Balík from the second of these factions, they will propose either the annulment of the entire amendment or at least parts of it. The initiative will not be directed against the controversial preparation of the law, Balík told journalists.

The amendment primarily introduces a centralized network of state building offices. One combined building permit process conducted by one office and concluded with one stamp should be sufficient for construction approval. In a supporting resolution, the upper chamber urged deputies not to override the Senate veto. According to the Senate, the government should submit a comprehensive building amendment through the proper legislative process.

The upper chamber rejected the amendment with the votes of 55 out of 66 present members. Among those voting for rejection were Petr Vícha and Róbert Šlachta from the ANO club. However, the Senate first voted on a proposal to approve the draft, which came from the ANO faction. It gained support from ten out of 66 senators. Only senators from the ANO club voted for it, with Vícha and Šlachta voting against.

According to Minister for Regional Development Zuzana Mrázová (ANO), the Czech Republic does not need further debate about the slow, complicated, and unpredictable construction permitting process; concrete action is necessary. "We are deciding whether to shorten people's path to housing, to local communities' schools, kindergartens, homes for the elderly, and the necessary infrastructure, and to improve the competitiveness of the Czech Republic," defended the amendment Mrázová.

The debate, which lasted about 5.5 hours, was dominated by criticism. "It is a politically pushed monstrosity benefiting one interest group," stated Senate Vice President Jitka Seitlová (KDU-ČSL). Senator STAN Ondřej Lochman claimed that the law was written at the request of developers. "You are not speeding up construction for people. You are primarily speeding up profits for developers at the expense of citizens," he stated.

Senator Tomáš Třetina (TOP 09) spoke about paralysis, injustice, and systematic destruction in connection with the amendment. On behalf of the ODS and TOP 09 club, he stated that the amendment is poorly prepared and represents the privatization of spatial planning or legal uncertainty; it also does not address issues related to the digitization of the building process. "I fear that with the new building law, after a few decades of heading west, we will take huge steps backward towards the Balkans," noted Martin Krsek from the SEN 21 and Pirates club.

If the amendment is enacted, senators from ODS and TOP 09 will likely turn to the Constitutional Court. Representatives from the Mayors could join them, as they believe the law contains unconstitutional elements.

Among the main objectives of its amended version, according to the proponents, is the creation of conditions for housing, work, business, and people's lives. All regional cities will now have the right to issue their own building regulations. In the case of an appeal, the superior office will have to decide and will not be able to return the matter for reconsideration. The amendment transfers spatial planning to the independent competencies of municipalities and regions.

The law newly stipulates that planning, preparation, construction, and operation of public infrastructure and reserved buildings are in the public interest. This could play a role in any considerations about expropriation. Reserved constructions will also include buildings for collective housing. This will refer to a building or a set of buildings with a predominant housing function with a total floor area of at least 10,000 square meters. The law also introduces an exception that allows for the preservation of illegal buildings, which has also become a target of criticism in the Senate.