Residential rooms will likely not have to have daylight according to the law

Prague – During today’s approval of the proposal for a new building law, the lawmakers accepted a number of amendments, some of which even passed despite the disapproval of the Minister for Regional Development Klára Dostálová (for ANO). For example, an amendment that removes the requirement for direct daylight illumination and direct ventilation from the definition of a living room was approved against her objections. Because of this, the KSČM deputies refused to support the law. The deputy chairman of their club, Leo Luzar, described it as scandalous and a return to the Middle Ages.

The proposal was presented by ANO deputies Martin Kolovratník, Adam Kalous, and Social Democrat Petr Dolínek, who proposed a new definition of a living room, omitting the requirement for direct daylight illumination and direct ventilation. A living room would not necessarily need a window. They state, for example, that ensuring the requirement for direct illumination is not feasible in every room. "Insisting on the requirement for exclusively daylight illumination not only prevents new residential construction in the classic street profiles of city centers, where apartments and housing belong, but also in infill sites where they used to be, and even simple renovations of apartments requiring permits,” they stated regarding their proposal.

Luzar also sharply criticized the proposal during the subsequent press conference. "We will consider further steps within this government, which is pursuing anti-social policies towards people,” he said. "We refuse to let people live in basements, where the only light they see is a mirror directed into the basement, just to have some daylight, where the only ventilation in the apartment is provided by air conditioning. That has no place in the 21st century,” he also stated.

The proposal was one of the reasons why the Minister of Culture Lubomír Zaorálek (ČSSD) did not support the law. "To accept some dungeons or basements as apartments seems like a step backward to me. That is something that is socially wrong and unacceptable," he told reporters. He wants to continue discussing the law in a coalition format. According to him, coordination within the club is difficult as the proposal was developed in the Chamber "on the go."

The deputies also approved another Dolínek proposal, which aims to facilitate the construction of social and sanitary facilities in parks and public green spaces, despite the disapproval of Minister Dostálová. Up to certain dimensions, it should be considered a minor construction that would not require a permit. The minister pointed out that the proposal is not supported by the Ministries of Interior or Culture either.

The Chamber also accepted a proposal from a group of SPD deputies that authorities should take into account who they are imposing fines on. For individuals, the authorities should consider their personal circumstances, and for legal entities and entrepreneurs, the nature of their activities. For example, it would matter whether it is a construction company or a company whose business is distanced from construction.

The Chamber also accepted a proposal directly presented by Minister Dostálová with deputies Luzar and Dolínek. It introduces the concept of green infrastructure into the building law. This will consist of a system of green areas, water areas, vegetation elements, or green spaces within blocks. Green infrastructure will now be addressed in spatial planning documentation.

In line with the minister's negative stance, the Chamber rejected a proposal from deputies Kolovratník, Kalous, and Dolínek to transfer spatial planning to the independent responsibilities of municipalities and regions. Its authors argued for emancipation and strengthening of self-governments. Minister Dostálová had previously described it as debatable and took a negative position on it. She warned that it involves a complete change of the entire system and highlighted issues with financing. "The problem of spatial planning under independent responsibilities is primarily its financing. While transferred responsibilities are financed by the state, independent responsibilities are financed by the self-governments themselves. The state can only assist with grant titles, which do not have a legal claim and are always a matter of negotiations with the state budget,” she told the deputies on Wednesday, May 5th.

The minister expressed fundamental disagreement with the proposal by deputies Kalous and Kolovratník, who suggested automatically generated building permits. If a deadline, for example 30 days for simple construction, elapsed without action, the permit would be issued on the first day after the deadline. The Economic Committee did not recommend approving this proposal, and Zaorálek also warned against it. "The aim of the new legal regulation is to speed up the permitting process and to provide real protection for participants in the proceedings against the unlawful inaction of authorities,” the deputies justify their proposal. The Chamber did not approve it.

In the proposal that amends other laws in connection with the adoption of the new building law, the Chamber adjusted, among other things, the conditions for the withdrawal of land from the agricultural land fund. In the case of building intentions, construction offices will decide on the withdrawal of land from the agricultural land fund. Construction offices should also decide on the amount of the fee for the withdrawal of land, as proposed by deputies Kalous and Kolovratník. So far, applications for land withdrawal were submitted to the authority for the protection of the agricultural land fund, which was the office of the municipality with extended powers. They also determined by law how much money needed to be paid for withdrawing the land.

However, the government tightened the exceptions in the law for cases where no application for withdrawal needs to be made. Until now, it has been established that no consent is required if the request concerns an intention on undeveloped portions of a developed building plot. According to the government, however, some builders circumvented this provision by building, for instance, a shed or rabbit hutch on a neighboring plot, enclosing the plot, and claiming it as developed. It is now set to apply that it will be necessary to request consent if the developed building plot has an area of 1000 m² or more.