The new building law has a number of critics, and it will now be assessed by the Senate

Prague – The Chamber of Deputies today approved a new construction law that aims to significantly speed up and simplify construction proceedings. However, the law has many critics. The deputies accepted the regulation against the original government proposal in such a way that all building authorities will come under state control. They will fall under the Supreme Construction Authority and will be organized similarly to financial offices. Part of the opposition rejects this principle, claiming it will paralyze construction proceedings. During the approval process, the deputies accepted a number of amendments, some of which were even passed despite the disapproval of the Minister of Regional Development Klára Dostálová (for ANO). The law, which is to take effect from July 1, 2023, will now be discussed by the Senate. It is possible that they will return it to the Chamber.

The new construction law, whose basic tenets were presented by the Ministry of Regional Development (MMR) in September 2017, is intended to replace the existing law from 2006. Among other things, the ministry hopes that it will ensure compliance with set deadlines. The aim of the MMR is also for citizens not to have to go to the office thanks to digitization. According to the approved version, the Supreme Construction Authority will be based in Ostrava, along with a Specialized and Appeals Construction Authority and regional construction authorities. The regional construction authorities will then have individual local offices and will decide in the first instance. Builders will appeal to the Appeals Construction Authority, which will also be responsible for permitting things like highways or airports. Ultimately, the ministry supported a purely state construction administration option. It was included in the law as a comprehensive amendment from the parliamentary economic committee, where it was backed by a group of deputies led by Martin Kolovratník (ANO).

The law will distinguish between minor, simple, reserved, and other constructions. Their list will be included in an annex to the law. A construction will also be defined as a product that fulfills the function of a building. Permits will be required for all constructions except for simple ones. Builders will be allowed to construct minor and simple buildings on their own, but if they are not professionally qualified, they will need to arrange for construction supervision for certain projects. For residential constructions, they will have to ensure a site manager, just as if they are demolishing a building containing asbestos. For simple constructions, the building authority will have to decide within 30 days from the date it initiated the proceedings. The Ministry of Defense, the Ministry of the Interior, and the Ministry of Justice will also act as building authorities regarding projects related to their tasks. Participants in the proceedings will also be the municipalities where the project is planned to take place.

Ninety-two deputies voted for the new law today, with 88 needed for approval. Support for the law came from deputies of ANO, SPD, and three Social Democrats. Some Social Democrats opposed the law, as did other deputies. According to the Spolu coalition (ODS, KDU-ČSL, TOP 09), the Pirates, and Mayors and Independents (STAN), the approved law has several shortcomings, and they consider it a mishmash. The Pirates unsuccessfully proposed the law's rejection today. The KSČM deputies also did not support the law, complaining that an amendment passed which removes the requirement for direct lighting and ventilation in residential rooms. The vice-chairman of the KSČM parliamentary club, Leo Luzar, described it among other things as scandalous and a return to the Middle Ages. He criticized the proposal harshly at a subsequent press conference. "We will consider further steps within this government, which is pursuing an anti-social policy towards people," he said. The proposal was one of the reasons why Minister of Culture Lubomír Zaorálek (ČSSD) did not support the law. He wants to continue discussions about the law in a coalition format. Coordination within the parliamentary club is difficult, according to him, because the draft was created in the Chamber "on the fly."

The law has also drawn criticism from the Association of Towns and Municipalities of the Czech Republic. "We can clearly state that developers have won, as evidenced by the newly granted possibility to convert basements into apartments," said the association's chairman František Lukl. Prague Mayor Zdeněk Hřib (Pirates) labeled the law as completely unacceptable. According to the association, the construction law is one of the most controversial regulations in recent years. The association stated that the combination of amendments centralizes state administration and concentrates power in its hands. The chairman of the association also believes that the Senate will return the law to the Chamber for further discussion. If the upper chamber returns it, 101 votes, a majority of all deputies, will be needed for its adoption.

The Czech Chamber of Commerce described the law as a mild disappointment, yet it opens the way for a more efficient construction procedure. "The Chamber misses greater support for the expedited process of changing zoning plans or adopting measures against the inactivity of authorities, which could significantly speed up the approval process," said chamber president Vladimír Dlouhý. According to him, the chamber considers the change in construction law to be one of the fundamental prerequisites for reviving the Czech economy in the post-coronavirus period and for modernizing the state administration based on principles of acceleration and digitization.

The Association of Developers and the Association for Foreign Investments welcome the law's approval, while the Czech Chamber of Architects (ČKA) finds it incomprehensible to exclude the designer's supervision from selected activities in construction. The International Council on Monuments and Sites (ICOMOS) stated that the new construction law violates the protection of cultural heritage and international agreements on heritage protection.