The new construction law was passed by the MPs for further discussion

Prague - The new building law, from which the government expects primarily acceleration and simplification of the building approval process, has been moved forward for further consideration by the Chamber of Deputies today after an eight-hour debate. Thanks to the votes of the coalition, the Communist Party, and the Freedom and Direct Democracy (SPD), the law resisted the opposition's efforts to return it to the government for revision. The Chamber convened for an extraordinary session at the instigation of ANO party members.

The opposition mainly objected to the fact that the government parties want to make significant changes to the law only in the Chamber. They also pointed out that due to the coronavirus infection, the Minister for Regional Development, Klára Dostálová, could not defend the law, and was substituted by Deputy Prime Minister Karel Havlíček (both from ANO). The opposition members were bothered that the minister could not answer their questions. They also noted that her deputy, Marcela Pavlová, represented her in the Chamber.

The government has the recodification of building law in its program statement and has been preparing the law for a longer period. The proposal has been criticized by the Czech Chamber of Commerce and is also a concern for cities. According to them, it limits the powers of self-government, the possibilities of territorial planning, or prohibits the creation of their own building regulations. The Chamber of Architects previously labeled it as a missed opportunity.

The law will now be dealt with by parliamentary committees. The Chamber extended the deadline for them from the usual 60 days to 100 days. Thus, the building law will return for a second reading to the plenary at the earliest at the end of February. The Chamber is expected to meet at the beginning of March.

According to the government, the new legal regulation aims to accelerate the building process and shorten the approval time. The Ministry for Regional Development (MMR) expects, among other things, to shorten the average approval time for larger projects from 5.4 years to one year. It is intended to replace the current building law from 2006.

"In 13 years, we have managed to forge 26 amendments to the building law. The result is that we have 20 types of building authorities, we have ten types of approval processes, and we are in 157th place for building permits within a ranking that compares over 190 countries worldwide," Havlíček stated.

Some members of parliament described the absence of the minister as unprecedented and pointed out that it prevents them from receiving answers to their questions. They also remarked that her deputy Marcela Pavlová represented her in the Chamber. "We deserve answers from the person presenting the law," said Ivan Bartoš, the chairman of the Pirates.

Havlíček defended the law and the government's approach. "The government can assign any minister, and here it has appointed me. Not only concerning industry and transport but also because I am currently the Deputy Prime Minister for the economy. It clearly falls within the purview of industry, transport, and regional development," he argued.

According to Havlíček, the new building law will require changes to 58 other legal norms relating to the new competencies of building authorities at municipalities. These will be integrated into building administration as part of the simplification of the building process. The Deputy Prime Minister highlighted the amendment to the judicial administrative code, which will allow for administrative fines for obvious abuses of the law by repeated complainants.

Members of parliament generally agreed on the necessity to expedite the building approval process. The Vice-Chairman of the SPD and head of the economic committee, Radim Fiala, noted that the Czech Republic is in the process duration "attacking countries like Nigeria and Congo." "We have to do something, and I regret that a certain part of the political spectrum does not want to change the laws," he stated.

Criticisms from some members of parliament targeted, for example, the establishment of a new Supreme Building Authority. This will be a new office to which regional building authorities will be subordinated, and whose leadership will be appointed by the government. "The larger the office, the greater the problems, and the larger the distance from people and from addressing the issues," said Martin Kupka (ODS). Pavel Jelínek (SPD) pointed out the levels of fines for civil construction, which he considers excessive. The chairwoman of the environment committee, Dana Balcarová (Pirates), stated that the proposal undermines the public interest in environmental protection and restricts public participation. However, Havlíček said that building authorities would be bound by laws aimed at protecting the environment.

Věra Kovářová (STAN) criticized the government for rushing the law and promoting it "forcefully." According to her, the costs and impacts of the changes are also being underestimated. It is a mistake to dismantle the system of functioning building authorities, she stated.

The Ministry states that with the new building law, builders will know within a year whether they can build or not, including appeals and reviews. The main principles are one procedure before one building authority, integration of affected bodies into building authorities, so that the builder will not have to seek the necessary permits alone. The law also introduces fixed deadlines, measures against idleness, and an appellate principle, where the superior authority will no longer return the matter for new consideration. Instead of separate territorial and building procedures, there will now be just one, therefore, there will only be one opportunity for appeal.