The Supreme Courts criticize the construction law, MMR will negotiate with them

Prague – The Supreme Administrative Court (NSS) and the Supreme Court (NS) have both advised the Ministry for Regional Development (MMR) not to continue preparing the proposal for the construction law in its current form. Both institutions have comments on nearly all parts of the proposal, and according to them, the law should be redrafted. This is evident from the comments of the courts, which are available on the government website. Minister Klára Dostálová (for ANO) stated in response that any comments aimed at improving the proposal are welcomed by her office. She plans to negotiate with the courts, which she believes will be easier since the comments from both courts are practically identical.

"Given the scope and nature of the above comments, we do not recommend continuing the preparation of the submitted proposal in its current form. If the proposal is to serve as a basis for further preparation of a new legal regulation of construction law, it is essential to redraft it in line with the applied comments," states the Supreme Administrative Court in its document, with which the Supreme Court has concurred. According to the courts, experts and groups of residents affected should also have the opportunity to comment on the revised law.

"The main essence of the construction law reform, which is the principle of integrating building authorities into a new system of state construction administration, is not questioned by either court," Dostálová said today. According to her, it is clear that the proposal will undergo certain changes as it is addressed. "The comments from both supreme courts are given significant weight. And as I said before, if the law undergoes significant changes, we are prepared to repeat the inter-ministerial comment process," the minister noted. She reminded that she extended the deadline for addressing the comments, in agreement with the Prime Minister, to three months.

NSS states that the draft law's initial intentions were already problematic. "The Ministry for Regional Development is again presenting a proposal as its own, which has been prepared by one of the interest groups in the area of construction law," the court declares. The proposal was drafted by lawyers from the Chamber of Commerce. MMR sent the paragraphed text of the law to the commentary process in November, which concluded on December 23.

According to the proponent, the law is intended to expedite and simplify building approvals. Dostálová informed ČTK today that it should take effect from mid-2023. Although it should be valid from next year, affected parties will have to comply with it only after the date it becomes effective. The regulation has many critics, who argue that it favors developers and does not protect public interests. According to some opponents, it is unconstitutional. "The proposal of the construction law protects public interests while also safeguarding the interests of individual participants in the proceedings; their status and protection are not diminished by the proposal compared to the current situation," Dostálová reacted today.

According to information from ČTK, more than 5,000 comments were received, of which about 84 percent are substantial, and that is just for the construction law. A significant number of comments are also for the amendment law; MMR is expected to address everything by the end of March.

NSS notes that the draft law is focused solely on changes that fundamentally weaken the position of public administration as a protector and promoter of public interests in favor of builders. According to them, it also weakens the protection of the rights of individuals in the processes of urban planning and building proceedings.