Experts welcome the amendment to the construction law, ecologists protest

Prague - Environmental organizations should express their objections to construction only within the framework of the EIA process, at most in the zoning process, but not in the building permit process. This will expedite the approval process. Experts contacted by ČTK stated this. The proposal for an amendment to the Building Act, which is to be discussed by the Senate on Wednesday, is also supported by the Chamber of Commerce. On the other hand, according to environmental groups, it would represent the greatest restriction of civil rights since 1989, which is in conflict with the Constitution. According to them, the approval time will not be shortened either.

"The original intention to overcome the consequences of the previous political regime and open decision-making processes to the wider public has turned against the matter itself," said Jiří Plos, a teacher at the Faculty of Architecture of the Czech Technical University in Prague. According to him, the rules were set very imperfectly and broadly from the very beginning, allowing participation from essentially an unlimited range of various associations, which often arise ad hoc solely to prevent a specific construction project. "Behind the protection of nature and landscapes often hide private interests that would otherwise not be able to be enforced. The public's intervention has thus opened up a very private space," Plos added.

Renáta Pintová Králová, a member of the Czech Society for Construction Law, stated that even with the new regulation, the possibilities to protect the interests of nature and the public would be sufficiently broad. Czechia would also move closer to European standards. "Today, an association can become a participant in the building proceedings even from the other end of the country, without any relationship to the assessed project. Moreover, it can even be established during the proceedings. The position of civic associations has also been completely inadequately strengthened by judgments from administrative courts, which always unequivocally acknowledge participation to civic associations," Pintová Králová added.

According to environmental organizations, the amendment in the parliamentary version, namely in the part amending the law on the protection of nature and the landscape, newly does not allow associations to participate in zoning and building proceedings. "In practice, it is precisely the associations that are the only option for local citizens to express their opinions on buildings or the felling of trees in their vicinity. Individual citizens cannot participate in the proceedings unless they own land in the immediate vicinity of the building," the organizations state. Among them are Green Circle, Hnutí duha, Hnutí Brontosaurus, and the Czech Ornithological Society.

"The result of the parliamentary vote is a fiasco that the Senate, we hope, will correct. Not only would the adopted wording not shorten the approval deadlines by a single day, but it would also take away people’s ability to monitor whether constructions in their vicinity are done meaningfully and according to regulations," added Vojtěch Dědek, head of the legal advisory service Frank Bold.

Today, the Chamber of Commerce called on senators to approve the amendment to the Building Act. "When approving such an important norm, it is necessary to perceive the construction sector also in the broadest context. Statistics from the OECD and the World Bank show that Czechia is far below the European average in the length of approval procedures and construction implementation. Inefficient rules thus unjustifiably reduce our country’s competitiveness on the international stage," stated legal expert of the Chamber of Commerce Markéta Schormová.

The extensive amendment to the Building Act and several dozen related laws aims to simplify and expedite approval procedures. Among other things, it will allow the combining of zoning proceedings, building proceedings, and environmental impact assessments (EIA).