ČKA and the Chamber of Commerce criticize the amendment to the building law

Prague - The amendment to the Building Act, along with the proposed act on a unified environmental statement, according to the Czech Chamber of Architects (ČKA), does not significantly accelerate or simplify the building process in many cases and is a step back. The ČKA states in a press release that the amendment is a very sad result of years of work and a wasted opportunity to support construction and investments in new job opportunities and infrastructure. The Chamber of Commerce also joined the criticism. The Ministry for Regional Development (MMR) stated that the amendment will help kickstart the development of construction. On Thursday, the amendment to the Building Act is on the agenda of the Legislative Council of the Government.

"The proposed legislative amendment proves that the government is unable to enforce a real reform of building law. That is, changes that would replace today's fragmented and lengthy decision-making on land use and building permits with a comprehensive assessment within a unified process, strengthen the powers of municipalities in spatial planning, and increase legal certainty for all involved, whether citizens or builders," said the chairman of the Czech Chamber of Architects (ČKA) Jan Kasl.

"Laws are supposed to be for people, not just for bureaucrats. Unfortunately, in preparing the amendment, there was an incomprehensible intentional disregard for the comments not only from industry professionals and experts, but also from cities and municipalities," stated the president of the Chamber of Commerce (HK) Vladimír Dlouhý. The Chamber of Commerce, which represents professional organizations in the field, claims that MMR did not discuss its proposals during the legislative preparation. "As a result, the commentary procedure focused more on whether bureaucratic positions would be abolished rather than on how to set the rules to expedite building permits. This has resulted in a dysfunctional norm detached from practice, due to which the Czech Republic will aspire to be the slowest construction country in the world," added Dlouhý. The Chamber of Commerce recommends that the government suspend the discussion of the amendment and negotiate changes with professional organizations as well as with cities and municipalities.

In response, MMR told ČTK that the amendment to the Building Act would create a clear, modern, and predictable environment not only for builders but also for designers. "This will be a fundamental change that will help kickstart the development of construction in the coming years. The amendment will correct the biggest mistakes and also bring many benefits. In particular, it will speed up and streamline the building process while maintaining the protection of public interests. The permit time will be shortened as originally planned. The principle of 'one office, one process, one stamp' remains unchanged," stated MMR spokeswoman Veronika Hešíková.

The new building law, prepared for years by the former government of Andrej Babiš (ANO), was approved by the Chamber of Deputies last summer despite a Senate veto. Last year, the ČKA was also not enthusiastic about its form. "Unfortunately, the result is not an opportunity for applause," it stated at the time on its website.

The new cabinet of Petr Fiala (ODS) this year pushed for a one-year postponement of the effectiveness of the fundamental parts of the law. The amendment primarily abolishes the Supreme Building Authority and the newly subordinated regional building authorities, and according to MMR, it retains part of the building authorities under municipalities, the number of which will be decided by the government. From mid-next year, only a Specialized and Appeals Building Authority will operate, which will handle large infrastructure projects, such as highways, national railways, or power plants. Other projects will be subject to permitting according to existing regulations until June 30, 2024. The digitization of the construction process should be launched on January 1, 2024, after a six-month delay.

The ČKA states that the adoption of the amendment would fundamentally disrupt the principle of integration. The main goal of the adopted amendment is to expedite obtaining building permits. However, according to the ČKA, the amendment will not fulfill this. "Many documents are to be 'reissued separately,' again predominantly in the form of binding statements, which practically eliminates the possibility of seeking consensus," states the ČKA.

It also criticizes the fact that the amendment would abolish the so-called Prague Building Regulations, and large cities (Prague, Brno, and Ostrava) could only have the right to create "only" implementation regulations for building placements. The ČKA stated that "the harmful consequences would be far-reaching." According to MMR, the capital city will have its own spatial building regulations in the form of an implementation regulation for the new building act. "However, to ensure that everything is procedurally correct, the existing Prague Building Regulations need to be abolished first. This will prevent chaos, especially among designers and builders. The new Prague Building Regulations will then be an implementation regulation of the new building act," MMR stated.

Disagreement with the amendment is also expressed by representatives of cities and municipalities and large builders. "The Government of the Czech Republic should listen to these critical voices and ensure the preparation of a revised proposal for the legislative amendment. Otherwise, it is likely that the Chamber of Deputies will accept an unexamined amendment," stated Kasl, adding that the amendment could face the same fate as the adopted law, namely postponement and amendment.