The Chamber of Deputies of the Czech Parliament received a draft of the so-called “Major Amendment to the Building Code” the date for which approval is set for the year 2010. The draft was prepared by the Ministry for Local Development and is its response to the experiences in implementing the new Building Code that came into effect on 1 July 2006, having replaced the prior law of some thirty years existence. The Amendment is aimed at avoiding certain complications and a lack of clarity in the current law faced in practice, and to make more effective the execution of the duties of state administration in the area of the building industry and urban zoning planning. We do not attempt to list here all of the changes proposed, rather we focus on those highlights which in the opinion of the authors of this article will have the greatest impact.

From the view of day to day practice, the most important change likely is an extension to the list of structures for the realisation of which a building permit shall not be necessary but only a notification to the competent building authority instead, or which might be realised even without such a notification at all. For instance the proposal is that it shall be sufficient simply to give notification to the building authority of any structures up to 50 sq. metres of overall built-up area and up to 5 metres in height with one floor above the ground and provided with a basement of 3 metres to a maximum depth. In general, a reduction in the administrative burden for small builders arising out of this change may be expected and certainly also for the building authorities.

Should the draft amendment be adopted, it shall also be extended a list of structures with respect to which the issuance of the so-called “zoning permit” is not necessary to apply for and zoning consent is sufficient instead, i.e. a simpler form with less formal requirements for issuance. Such a change shall affect any and all structures for the realisation of which a building permit shall not be necessary under the Amendment.

There should also be incorporated into the Building Code an overall and comprehensive regulation on the so-called ”consolidated zoning and building permit proceedings”. Builders then shall be able to apply at the same time for a decision on the placement of a structure (i.e. zoning permit) and a building permit under somewhat clearer rules than before. An existing requirement of the Building Code somewhat ambiguously sets out the way that  building permit proceedings on issuance of a building permit and the proceedings on issuance of a zoning permit may be consolidated into one proceeding if clear enough conditions for it exist within an affected territory. This vague provision should be amended so that a detailed regulation of other conditions under which such two proceedings may be consolidated, as well as a regulation of the whole procedure resulting in the issuance of the so-called “mutual decision” to be containing an award on placement of a structure and award on permission to realise a structure, will result. In practice, some of the uncertainty associated with this process of consolidating a zoning permit and building permit proceedings may so be avoided.

Another change is a clarification of the regulations of the public law agreements which in practice enable concluding an agreement between a builder and a building authority instead of a zoning permit or building permit, which agreement shall set forth the conditions and terms under which a builder may place and realise a structure. The procedure of the conclusion of such public law agreements, its content and conditions and terms of its conclusion are regulated in the draft amendment in much more detail than presently exists. The issue remains whether such a clarification shall result in public law agreements being used to a broader extent in the future than today. Public law agreements in the area of zoning  and building permit proceedings are used in practice very rarely.

In case that the draft amendment to the Building Code is adopted in its current form, an extension of the present statutory compulsory right of a municipality, region or the state shall come into law to affect not only land parcels designated in urban zoning or regulation plan for a publicly beneficial structure or for a publically beneficial measure but also a structure placed on such a land parcel. In practice, the owners of such structures will be obliged, in case they decide to sell the land or structure, to offer for sale the land parcel or structure first to the appropriate municipality, region or the state. Not until such entities fail to exercise their right of purchase shall it be possible to sell the parcel or structure  to a  party potentially interested in such a sale.

One of the substantial proposed changes to the law is the transfer of inspection competence in matters of the Building Coder to municipal offices which, however, are not a building authority at the same time. The officers in such municipal offices shall be able to carry out inspection checks on structures, and in the event of finding out any improper building practice or any defect they shall notify such a fact to the competent building authority. This process might better be understood as building-police supervision. The idea behind the change is to delegate the building supervision of the building authorities who might otherwise be unable to provide such supervision due to their work load. Only practice will tell whether this change will (in case of its adoption)  result in less work for the building authorities, or whether the change will result in chaos in the area of the inspection activity in matters of the Building Code because two different bodies will have to work together.

An interesting change to the Building Code also are newly defined qualification requirements for an officer of a building authority. Under the Amendment to the Building Code, the qualification requirements are understood to mean university education to the degree level Ba or Bsc. or Mgr. or in the study of building, architecture or legal fields. In case the draft change is adopted, it may be expected to  serve as a kick start to increase the quality of the state administration in the area of the Building Law.