Authorities could have a deadline for expression in part of the construction proceedings

Publisher
ČTK
09.05.2018 18:00
Czech Republic

Prague

Prague - Authorities may receive a two-month deadline for issuing binding opinions in the building permit process for constructions covered by the law on accelerating the construction of transport and energy infrastructure. If they do not issue them by the deadline, it will be assumed that they have no objections. According to today's resolution, the parliamentary constitutional and legal committee wants to push this into a member's amendment to the law aimed at speeding up the construction of selected significant transport structures.


"The goal is for authorities to issue opinions in real time," said the proposer of the amendment, committee chairman Marek Benda (ODS). If the parliamentary amendment affects the rights of private owners, it is also necessary to compel public authorities to perform better. If the deadline for authorities were approved and proved effective for projects defined by law, it could be extended to all constructions in the future, Benda added.

According to him, the deadline would apply to opinions from, for example, conservationists, nature and landscape protection authorities, water management authorities, and firefighters.

The risks are seen in Benda's amendment by the Pirate MPs. "There may be cases where it negatively impacts citizens if the authority fails to issue an opinion on a construction that significantly affects the surroundings," said Mikuláš Ferjenčík. However, the committee supported the amendment by a large majority of the present members.

The parliamentary amendment would establish, after adjustments supported by the economic committee, a provisional decision-making institute for specifically listed significant transport constructions. Investors could begin construction independently of disputes over the amount of compensation for the property they need to acquire. The expropriator would request a provisional decision after meeting the conditions; the authority would first allow construction work to begin, and then any dispute over the compensation amount would be addressed.

Landowners would also have to tolerate exploratory work related to the construction even before the zoning proceedings, when it is still decided where the construction will take place, according to the amendment. Based on the economic committee's recommendation, owners should receive higher compensation for this, up to double the amount.
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