📋 Tender Overview
The Czech Republic is among the forty worst compared to the speed of building permits in 190 countries according to the World Banks Doing Business report. Therefore the MRD comes with a revolutionary change which will significantly simplify and speed up obtaining permits. Both for ordinary citizens and large investors. The aim is to permit construction within one year of submitting a complete application including appeal and review all while preserving the protection of all public interests be it monuments fire protection or ecology.The MRD negotiated and negotiates with all partners. In no case will the speed of obtaining authorization be at the expense of suppressing any public interest. As far as monuments are concerned the protection of monuments is the subject of the law on monument care. The subject of the Building Act is inter alia the regulation of the placement permitting and removal of buildings. Both legal regulations are part of the legal order of the Czech Republic and must therefore correspond together. Within the framework of the new Building Act listed buildings are designed specifically in accordance with the valid Act on State Heritage Protection.As part of the integration of agendas the processes of buildings located in the protection zone of a real cultural monument a real national cultural monument a monument reservation or a monument zone will be integrated into the Supreme Building Office. Other processes related to monuments remain within the competence of the monument care authorities. Monument protection authorities are the authority concerned when building permits and therefore like other non-integrated bodies concerned they are subject to a uniform treatment of the intention within 30 days and will also be subject to the fiction of the binding opinion. The fiction of the binding opinion is already part of the governments draft amendment to the Building Act currently in force and the new draft of the Building Act merely assumes this institute.Public interests in terms of fire safety of buildings ie the concerned body in this section will not be integrated into the Supreme Building Authority. Regional fire brigade or. for selected buildings the Ministry of the Interior remains in the position of the authority concerned. This agreement was made within the framework of the factual intention and will be fully respected also in the sectional wording of the new Building Act and the Amending Act. Both laws are currently in the interdepartmental comment procedure. Regarding the change in the form of written output of the concerned authority ie that instead of binding opinion will issue statements as a professional basis for the decision of the building authority this conceptual change is in line with the approved factual intention of the new Building Act and the Fire Rescue Service agrees with it. The transfer of civil servants to the new state construction administration will be in accordance with the Labor Code which in case of transfer of activities from one employer municipality region to the employer of another state also implies the transfer of rights and obligations resulting from labor relations. At the same time municipalities do not prevent their officials from expressing their desire to remain in an employment relationship with the municipality or region to offer them another vacant position which will not be affected by the transition to the Supreme Building Authority. With the representatives of large cities the MRD dealt with spatial planning last week. A working mini team will be created specifically for spatial planning. He will look for common intersections and indeed the best solution for both cities and the state and especially for citizens.The new Building Act was created in cooperation with the Czech Chamber of Commerce. It was decided to involve HK R in order to accelerate the work on recodification so that the Parliament of the Czech Republic could approve the new Building Act in three years. HK R was elected as a professional partner as the largest representative of both small and large investors in order to bring practical experience into the new construction law regulation and to find the broadest possible agreement on the new form of the Building Act in the course of work. The state has taken a similar step in the past in the case of the new Civil Code. The cooperation was confirmed by a memorandum which was published on the website of the Ministry for Regional Development and HK R after its signature.However other entities also participated in the preparation of the new Building Act. First of all members of the six working groups set up by the Ministry for Regional Development prior to the preparation of the substantive intention of the Building Act and also members of the College of the Minister for Recodification of Public Building Law who raised their suggestions and comments. The members of these platforms are representatives of other professional groups associations and associations including the two professional chambers of KA and KAIT the Confederation of Industry the Association of Building Entrepreneurs and the Czech Society for Construction Law. Representatives of all ministries. Comments on the draft Building Act can be sent all day. They will then be sorted by content. The final number of comments will thus be known in the first half of January 2020.
