The construction law is likely to reintroduce a unified state construction administration

Prague - The amendment to the building code proposed by a group of government lawmakers primarily aims to accelerate the approval of construction projects. It mainly introduces a centralized state building administration. The Chamber of Deputies could start discussing the amendment today.

The goal of the changes is to establish a single procedure conducted by one authority with one permit and one administrative and judicial review for the approval of buildings and other projects that require permits under the building code.

A unified system of building authorities will be created as state bodies, i.e., a state building administration. It will encompass the competencies of most involved authorities. Experts from these authorities will be able to move to the new office.

The new office will be the Office for Territorial Development. It will be formed by merging the building authorities of the Ministry of Local Development, the Ministry of Industry, Transport, and the Transport and Energy Building Authority (DESÚ). It will be the central authority for state administration in spatial planning, building approval, and expropriation.

The construction of public infrastructure and designated buildings, including buildings for mass housing, will be in the public interest.

A building for mass housing is understood as a building or set of buildings with a predominant residential function, with a total floor area of 10,000 square meters or more.

The law, modeled after the Prague building regulations, stipulates that along watercourses and significant water bodies in buildable areas, and where feasible, publicly accessible promenades, landscaped areas, or other public spaces will take precedence. However, it will be a condition that existing accessibility for pedestrians and cyclists must be preserved.

When defining public spaces, it will be necessary to ensure that they connect to the open countryside and other public areas.

Among the requirements for the placement of buildings, the law states that parking requirements also include the requirement for bicycle parking.

The arrangement of public spaces will have to ensure accessibility for pedestrians, and where possible, also for cyclists or other non-motorized transport. Public spaces will need to meet accessibility requirements only if local conditions do not preclude it.

If any EU regulation stipulates a milder requirement for construction, it can be considered met if the builder complies with that level.

To defend against delays, there is a rule that the building authority assesses the fulfillment of conditions as of the date of the application submission. If the deadline is not met, the authority will refund the administrative fee.

A fiction of consent will apply for the expressions of owners of infrastructure.

The proposal aims to support the construction of photovoltaics. According to the amendment, it is assumed that solar sources on buildings are not in conflict with the character of the area or the interests of state heritage protection, except for cultural monuments. However, it will be possible to set conditions for the appropriate placement of solar sources or their appearance.

Source: explanatory memorandum for the amendment to the building code, Chamber document 67.