Here is a summary of the key changes to be introduced by the new Construction Act from 1 January 2007. For specific advice on any issue mentioned below, contact Lukas Janicek.
Zone planning
- it will be possible for owners of affected properties to raise objections to proposed zoning plans, which will be ruled on at separate proceedings held by the administrative authority. This should ensure better procedural rights for the owners.
- it is likely to be more difficult to get zoning plans changed to allow development in areas which are not designated to be built in. This will apply to all zoning plans under the existing or new legislation. To change a zoning plan, it will be necessary to show that the areas already designated for building cannot be used and that there is a need to designate new areas for construction.
- anyone applying to develop a new project can request Zone Planning Information from the authorities, to help them understand whether and under which conditions a planning permit may be issued. Applicants will have to provide details of the proposed project, while the Zone Planning Information they receive will be valid for a year and can only be changed by the authority if the conditions under which it was issued change.
- current zoning plans will have to be replaced or amended by the end of 2011 and in some cases by the end of 2009.
- the municipalities will have pre-emption rights over any land designated for construction for the public benefit in the zoning plan. Owners wishing to transfer any land designated as such will have to offer it for sale to the municipality. The price will be fixed by an independent valuer (which may be lower than the price the seller could achieve on the open market) and the municipality is not obliged to buy but has 6 months to decide whether or not to do so.
Planning permits
- there will be more cases where no planning permits (and no building permits) are required. For example, notification to the authority is all that is required to construct a residential house of up to 150m2 with one basement floor and a ground floor (assuming certain other conditions are met), permission is automatic if the authority does not prohibit the construction within 40 days of the notice. For bigger constructions, a planning permit will still be required.
- in simple cases, a planning permit will automatically be given if the concerned authorities agree to it, the draft planning permit is published at the site (or some other suitable place) and no objections are raised within 15 days.
- planning consent can be issued within 30 days for minor constructions or changes of existing constructions (if the concerned authorities agree to the project), instead of the normal planning permit procedure.
- some affected parties will no longer be notified by letter about planning permit applications but will instead be made aware by a notice of the application being put up on a signpost suitably located near the development land (or some other place designated by the authority).
- applicants for planning consent or planning permits will still need to get prior statements from concerned authorities and utility companies but, in some cases, the new act will allow one co-ordinated statement to be provided from each public authority instead of (as at present) several different statements being issued. In addition, utility companies will be obliged to provide information on the utility networks within 30 days of request.
- in cases of large developments for which the environmental impact assessment procedure is required, the planning permit procedure can be partially run together with the EIA procedure.
- a planning permit will not be needed for construction in areas covered by regulatory plans which set out conditions for use of the land and are approved by the municipalities. It may be easier for a developer to apply for a large area of land to be made subject to a regulatory plan rather than seek individual planning permits for each building or phase of the project.
- planning permits and regulatory plans can be made conditional on the developer signing a planning agreement to build the public infrastructure necessary to serve the project.
Construction permits
- from July 2006, a new type of professional is introduced, called Authorised Inspectors, whose main role will be to certify plans for new constructions, especially when the developer wants to avoid traditional construction proceedings.
- there will be more cases where no construction permit is required, which need only be just notified to the authority. Notification will also be sufficient where:
- the Authorised Inspector confirms that the proposed construction complies with the legislation and the planning permit,
- all affected authorities issue approving opinions, and
- all parties involved in the construction proceedings consent to the construction.
- public law agreements may be entered into by applicants and the construction authority instead of planning or building permits. Details of these agreements will be set out in further legislation.
Occupancy permits
- construction projects with building permits issued before 1 January 2007 still require occupancy permits as set out in current legislation, even if completed after 1 January 2007. Subsequent projects will instead require occupancy consent, the procedure for which is much simpler than the current one for occupancy permits, while simple constructions can be used after merely notifying the authority.
Law: Act No. 183/2006 coming into effect on 1 January 2007, replacing the Construction Act No. 50/1976 Coll.
