KDU-ČSL: The new construction law is inconceptual, it favors investors

Prague - The proposal for the new building law is without a concept. By having it prepared by the Czech Chamber of Commerce, it clearly favors investors and does not take into account, for example, the protection of the environment or monuments. This was stated today by Marian Jurečka, Vice-Chairman of KDU-ČSL, at a meeting with journalists. According to Miroslav Diro, spokesman for the Czech Chamber of Commerce, the chamber was established precisely for these purposes.

According to the Christian Democrats, some points of the new law are in conflict with administrative law. They consider the planned reduction of the mayors' competencies or the fiction of consent, where the inactivity of the office is to be considered as a consential statement within 30 days, to be a mistake.

"We are definitely in favor of speeding up the building process and reducing bureaucracy. But I have a big problem with the fact that the substance of the bill cannot be created by the ministry, but instead is outsourced to the Czech Chamber of Commerce, which is neither objective nor balanced," Jurečka said.

According to Diro, politicians established the Czech Chamber of Commerce precisely to be a professional partner to the state and to provide quality opposition to legislation affecting the business environment and the domestic economy. "The Chamber of Commerce encompasses entrepreneurs, unions, associations, clusters, and trade guilds from all relevant sectors, and its unique professional know-how is not available in any other public or private organization," Diro stated.

According to the Czech Chamber of Architects (ČKA), the position of the chamber of commerce during legislative changes is advantageous. "The preparatory process involves a large team of experienced processors, free from established ties, routine, and stereotypes. However, in the text of the substance of the bill, we see certain reservations related to the lesser practical experience of the processors in the areas of spatial planning, design, and construction permitting," the ČKA declaration states.

According to the Ministry for Regional Development (MMR), the new building law should reduce the permitting process for constructions from the current average of 5.4 years to one year. Territorial proceedings, building proceedings, and EIA will be merged into a single permitting process. A Supreme Building Authority is to be established as part of state administration. The proposal anticipates that if the relevant office does not express itself within 30 days, the so-called fiction of consent will apply. It will not be possible to permit construction retroactively.

According to Minister for Regional Development Klára Dostálová (for ANO), the MMR sent the substance of the bill for comment at the end of January. Individual ministries and offices have time for comments until the end of February. "The substance of the bill should then be sent to the government in March. The subsequent paragraph wording will be submitted to the Chamber of Deputies in December. We anticipate the new law to be effective from January 2021," Dostálová told ČTK.

According to the latest data from the World Bank, the Czech Republic ranks 156th out of 190 countries compared regarding the length of construction approvals. According to Jurečka, however, the problem lies not only in the legislation but also in the quality and lack of courage of officials. "There are regions where construction proceedings are already quick today. For example, the Pardubice or Moravian-Silesian regions," Jurečka added.

He considers the proposed fiction of consent to be a major problem. According to him, it opens the door for corruption, when an official may "accidentally" forget to check the data box to help push through some controversial project. According to Diro, the proposal anticipates that a decision with reasoning will always be issued for the fiction of consent. "We also expect that binding opinions will be incorporated into the decision. This will ensure that the authorities meet legal deadlines," Diro added.

According to KDU-ČSL MP Jan Čižinský, it would be enough to adhere to set deadlines and digitize public administration. "If deadlines are adhered to, the length of proceedings will be 240 days. That is acceptable for investors," Čižinský further stated.

As for the possibility of comments from affected authorities, he believes it would be good to differentiate between important and less important interests.