The Government of the Slovak Republic has introduced a significant amendment to building regulations. The current Building Act, which was adopted back in 1976 as Act No. 50/1976 on Spatial Planning and Building Regulations (the Building Act), is to be replaced by two entirely new pieces of legislation, specifically the Construction Act and the Spatial Planning Act.
The Spatial Planning Act will, of course, regulate spatial planning itself, but also the jurisdiction of spatial planning authorities, the rights and obligations of natural and legal persons in spatial planning, and the spatial planning and construction information system. The text of the Act itself can be found on this page.
The new Construction Act will primarily regulate the procedures for the preparation, construction, modification, use, and demolition of buildings, the rights and obligations of persons engaged in construction activities, and the jurisdiction of state administrative bodies in construction.
The amendment to the building regulations should bring about several positive changes. As the drafters themselves state, the primary aim is to shift the law’s fundamental approach from a predominantly prescriptive, “mandatory” framework to a “permissive” one. Another benefit is expected to be a significant reduction in the final section of spatial planning documentation. This will also reduce the financial and time costs involved, whether in preparing new documentation or updating it with amendments and supplements. Another significant change is the harmonization of the processes for assessing the impacts of strategic documents and preparing spatial planning documentation, as well as making the final opinion from the impact assessment process binding.
The sponsors have set several goals for the amendment to achieve. These include, in particular, accelerating and improving the quality of the construction lifecycle, as well as speeding up the construction process itself. Another objective is to strike a balance between public and private interests. The new legal framework for land-use planning should result in clearer and more transparent land-use plans. As part of the devolution of state administration, the state is reclaiming control over construction, methodology, and the regulation of spatial planning, with the goal of establishing a regulatory framework for spatial planning methodology and processes. All of this is to be facilitated by significant digitization and subsequent automation of processes in both spatial planning and construction. The result of digitization will be the creation of a unified information system called Urbion, which will serve as a shared data environment and ensure the digitization of services and processes related to spatial planning and building permits. This system will also automate certain services and optimize existing processes. The legislation anticipates full digitization by January 1, 2028.
Several significant changes will also affect the building permit process itself. The key positive news for every participant in the building permit process is that there will be a reduction in unnecessary and redundant administrative tasks, and thus a de facto reduction in bureaucracy. Building authorities will be required to decide on a builder’s application for a building permit within 40 days, with this period beginning on the day the complete necessary documentation is submitted to the building authority. Changes will also occur in the area of small structures, defined as structures with a built-up area not exceeding 25 m² and a height of 5 m, such as sheds, laundry rooms, summer kitchens, shelters, facilities for waste containers, structures for raising small animals, saunas, bicycle and stroller storage, waiting areas, and sports facilities. For small structures, it will continue to be sufficient to simply file a notification of their construction. However, the notification will be possible to submit entirely electronically, which in practice should mean that it will be possible to build such a small structure “overnight.” Changes will also occur regarding unauthorized structures. While it is currently possible to retroactively obtain a permit for an unauthorized structure, this provision will be abolished, and all unauthorized structures will be removed by the building inspectorate. However, this does not mean that all unauthorized structures built to date will be demolished. The law provides for a transition period during which the builder of an unauthorized structure will be entitled to a “review of the suitability of the unauthorized structure for operation,” which will give the builder a final opportunity within the specified transition period to legalize the structure upon fulfillment of the conditions set by the building authority. This will therefore serve as a last resort to ensure the legalization of the unauthorized structure. This transition period will remain in effect until April 1, 2024. Once the transition period expires, it will no longer be possible to apply for retroactive legalization in any other way, and these structures will be demolished without exception. The builder will be responsible for removing the unauthorized structure. If the builder fails to fulfill this obligation, the relevant building authority will ensure the removal of the unauthorized structure, naturally at the builder’s expense. The builder may be fined up to 10,000 euros for failing to fulfill their obligation to remove the unauthorized structure. At the same time, the removal of the structure will result in the creation of an encumbrance on the land, which will render the encumbered land ineligible for transfer.
However, since it is necessary to comply with European Union legislation and ensure environmental protection, the requirement to prepare an Environmental Impact Assessment (EIA) remains in effect, particularly for larger development projects. Under the new rules, however, there will be one process instead of two separate ones. When a developer receives an EIA permit, they will simultaneously obtain a building permit. Overall, this means there will be one procedure instead of three. This should also significantly speed up proceedings for such projects.
At the same time, a new central government agency, the Office for Spatial Planning and Construction, began operations on June 1, 2022. Its existence is currently only formal, as the new legislation is set to take effect on January 1, 2023. From that date, the Office will also begin the actual performance of its activities. As is evident from the Office’s name, the Office will assume the responsibilities in the area of spatial planning and construction that were previously carried out by the Ministry of Transport and Construction of the Slovak Republic. The Office is expected to have up to 500 employees, most of whom will be staff “transferred” from other offices, state institutions, organizations, and similar entities. The Office’s primary responsibility will be the centralized approval of construction projects. The existing building authorities, which were municipalities, will be replaced by newly established offices of the Authority with defined territorial jurisdiction.
Changes in land-use planning and construction should lead to the acceleration and simplification of these procedures, the elimination of bureaucracy, and other benefits described in this article. The idea sounds more than promising, but only practice will show whether the goals and benefits presented by the government will actually be achieved. We will continue to closely monitor the issue of spatial planning and construction and will keep you informed of any insights we gain in a timely manner.
