Permitting processes in Czech Republic

The new Construction Act No. 283/2021 Coll. brings a completely new perspective on the interpretation of construction law. This applies mainly to key investments and so-called reserved buildings, such as motorways, railways, aeronautical structures and energy structures. These key constructions will be authorised only by the special Transport and Energy Construction Authority, based in Prague, in the building of the Ministry of Transport.

Such a fundamental change in the area of construction law has naturally triggered extensive changes in the related legislation and has necessitated extensive changes in the related regulations and in some cases the adoption of completely new laws. The aim of such a fundamental intervention in the established rules was to simplify, clarify and speed up the legislative process of building permits while maintaining the need to protect public and private law.

The Ministry of Regional Development will methodically unify the competences of building authorities in the field of building regulations and building requirements. The Ministry of Transport and the Ministry of Industry and Trade have acquired completely new competences, which will be the superior state administration body for Transport and Energy Construction Authority in the matter of permitting reserved buildings.

The New Building Act enters into force in two stages. From 1 January 2024 it applies to reserved buildings and Transport and Energy Construction Authority, for the remaining buildings and building authorities it comes into force from 1 July 2024. Until 30 June 2024, the "old" Building Act No. 183/2006 Coll. applies to non-reserved buildings. From the point of view of building permits, the final date of validity of the old Building Act is therefore 30.6.2024. In order not to stop the design preparation of buildings in this area, a transitional provision allows the design documentation to be prepared and submitted to the relevant building authority by 30.6.2027 according to the current decrees on documentation and design documentation of buildings. However, their discussion and approval will be entirely within the dictates of the new legislation.

From 1.1.2024 reserved, and After the date 1.7.2024 all buildings and construction objects related to them will not be placed on the basis of a zoning decision, All buildings will be placed and permitted in one procedure. There is a certain similarity with the original Building Act, when some time ago the first hint and tool for speeding up the permitting of buildings appeared - the so-called merged zoning and building procedure, and compliance with the zoning plan and the limits of the territory was substituted by an opinion according to §96b of the Building Act 183/2006/ Coll. issued by the locally competent planning authority.

As stated in the introduction of the article. This is the most extensive change in the field of construction law since 2006, when the Construction Act No. 50/1976 Coll. was replaced by a completely new Act No. 183/2006 Coll. The adoption of the National Construction Act No. 283/2021 Coll. introduces, among other things, a completely new, until now undefined concept of "substantive construction law". It triggers the need for changes in related legislation and decrees, and is fundamentally reflected in the property law preparation of public utility buildings. Digitalization is also entering the process, where from 1 July 2024 the Builder's Portal should be launched at the Ministry of Regional Development as a basic interface for digital communication of the builder/investor with the building authorities and concerned state administration bodies.