Construction closure in Špindlerův Mlýn continues

Brno - Investors must continue to respect the building closure in Špindlerův Mlýn, which prohibits the construction of residential buildings and the conversion of other properties into apartments. The Supreme Administrative Court today (NSS) annulled the closure accepted earlier this year, but stated that an older restriction from 2004 remains in effect. An uncontrolled increase in construction therefore does not threaten the Krkonoš town.
    The councilors of Špindlerův Mlýn believed that after the adoption of the new building law, they had to make a new decision regarding the closure, but according to the NSS, this was not necessary. "Such an interpretation cannot be accepted. It is necessary to maintain that the building closure must continue to be respected," stated the chairman of the senate, Josef Baxa.
    The legal representative of Špindlerův Mlýn, Daniel Chamrád, described the outcome of today's six-hour decision-making of the administrative court as a "victorious defeat." "Formally, we lost, but we leave with a better result than we expected," he said. He also criticized lawmakers for "holey" regulations and ministries and offices for their incorrect interpretation, which confused the councilors.
    In Špindlerův Mlýn, the land use plan from 1994 still applies, which regulates the construction of hotels and guesthouses but did not anticipate massive construction of residential buildings. The number of such buildings began to grow rapidly after 2000. In 2004, the council therefore decided on a building closure, from which it often granted exceptions to investors. The city earned tens of millions of crowns from them. The new city council, after last year’s municipal elections, ended the exceptions and decided again on the closure that was to remain in effect until a new land use plan was adopted.
    The construction of new residential buildings in Špindlerův Mlýn is opposed by both the new political representation and local residents. "For me, the main criterion is how the town looks. The construction being done is not beneficial to the town. Therefore, things must be regulated," stated Mayor Bohumír Zeman (ODS) before the court.
    The proposal to annul the new closure was submitted to the Supreme Court by the real estate company ABM Real and also by broker Miroslav Diblíček. "The companies purchased land in Špindlerův Mlýn for considerable amounts and wanted to build on it," summarized the reasons for the proposal their representative Milan Podolec. He is unsure what today’s decision will mean for investors. However, he claims that the old closure is less strict than the new, now annulled one. It supposedly allows at least the construction of family houses.
    The town, with about 1,300 permanent residents, transforms into a twenty-thousand-strong resort with congested streets and parking lots every winter. Off-season, recreational apartments are mostly empty, and apartment blocks turn into dead "ghost estates." Apartments in Špindlerův Mlýn were mainly bought by wealthy people from Prague, their prices have broken real estate records in the past.
    "Špindlerův Mlýn is a traditional place where people seek recreation; it is a typical mountain town with characteristic architecture and urban elements. New constructions drastically change the face of the town," said Chamrád to the court. "We know of dozens of different projects, the purpose of which is to convert existing buildings, build apartments in them, and sell them," he added. The closure is said to be a rescue solution for the interim period before the adoption of the new land use plan.
    Chairman of the senate Baxa also stated today that building closures should only be used by municipalities in exceptional cases and when at least a brief for a future land use plan is available. They should not be too broadly conceived. "If the prohibitions are defined too broadly and with the possibility of exceptions, then logically a space for arbitrariness, caprice, and sometimes even corruption may arise," said Baxa.