Permitting processes in Czech Republic after implementation of changes in practice

The Building Act, which came into effect in July 2024, introduced a few innovations for the public and applicants for building permits. The primary objective of the Act was to streamline and accelerate the permitting process, whilst ensuring that public interests are protected during construction. Notable features include the capacity for digital communication with relevant sub-authorities and the option for a comprehensive digital construction procedure, encompassing project documentation and final approval by the construction authority. The Builder's Portal has been designed to facilitate the application process for a wide range of construction-related permits, including building permits, modifications to unfinished or finished construction, division and subdivision of land, and building approval.

The new building law will be implemented in the preparation of simple and other constructions from July 2024, and for reserved constructions from 1.1.2024. During the initial period, authorities and the system encountered difficulties, which was to be expected, and many problems were predicted before the new digitalisation and building law system was introduced. We have proceeded with this in mind, working more closely with both planners and building authority staff, who were objectively the worst affected by the transition to the new system and digitisation.

Regarding the main key investments and so-called reserved constructions, which are motorways, railways, aeronautical and energy constructions https://desu.gov.cz/Vyhrazen%C3%A9-stavby.html). These key constructions have been authorised by the Transport and Energy Construction Authority (DESU) since 1 January 2024, which is further ahead than other building authorities in this respect and is already working very well in practice.

It could be said that after an unofficial trial period of the new permit procedure, the Government of the Czech Republic decided at its meeting in October 2024 to opt for the so-called partial bypass of the digitalisation of the construction procedure, the draft of which was included in the form of a new section 334b in the amendment to the Construction Act. This bypass allows "the use of information systems of the building administration in the transitional period". This is justified by the need to respond to the current problems associated with the digitalisation of construction procedures and to provide for a transitional period for work in the information systems of the construction administration. Ministerstvo pro místní rozvoj ČR - Zákon č. 437/2024 Sb., tzv. bypass.

For example, abolition and rationalisation of certain terms, abolition of the Supreme Construction Authority, stabilisation of the obligations of construction authorities and building regulations for spatial planning, the process of construction/planning approval and the appeal procedure in the case of appeals against decisions of construction administration authorities.

During this transitional period, activity in certain information systems of the building administration is voluntary for the building authorities and the authorities concerned, with some systems (electronic documentation records and the Builders portal CZ - Portál stavebníka) remaining fully maintained. This will only reduce some of the authorities' record keeping obligations. With one small exception, builders will not be affected by the proposed amendment. The transitional period for the purpose of digitising the building process is until 31 December 2027. For the purposes of spatial planning and the national spatial planning geoportal, the period is until 30 June 2025.

The construction portal remains unchanged and the work in it for users remains essentially unchanged. Section 172(2) of the NZS allows developers/builders to submit applications or proposals under Part Six of the Building Act (Building Regulations) on a prescribed form electronically through the Builder's Portal or in paper form. According to the Ministry of Regional Development's methodology, the latter includes an application submitted via a data box Datové schránky.

However, the project documentation prepared by the designer must always be entered into the electronic documentation register via the Builder's Portal at the latest when the application is submitted. The proposed amendment does not change this, so it will still be possible to submit project documentation only via the Builder's Portal.

For example - if the builder/developer is not the owner of the land on which the project is to be carried out, and if the developer is not entitled to carry out the project by virtue of a right of way or easement, the builder/developer must document the consent of the owner of the land registered in the Land Registry on the date of submission of the application. The same applies if the builder/developer is not the owner of a building that is not part of the land. The consent of the owner of the land or building cannot be withdrawn after the application for planning permission has been submitted. If the plan is substantially modified after the application has been submitted, the plan may be approved only if the developer provides evidence of the consent of the owner of the land or building to the modified plan. (3) The consent shall be marked on the site plan of the documentation and shall include the identification and signature of the owner of the land or building on which the development is to be permitted, or the person entitled to the development by right of way or easement. The identification data shall include, in the case of a) natural persons, the name, surname and, in the case of a change after 07/2024, the date of birth, the address of permanent residence and, if no address, the address of residence; b) in the case of legal persons, the name, registered office and, if assigned, the personal identification number.

The only bigger tangible change for the developer/builder is that Sections 180(2) and 181(2) and (3) of the NZS will not apply during the transitional period. This means that during the transitional period, the developer/builder will not ask the owner of the public transport or technical infrastructure via the Builder's Portal for an opinion on the possibility and method of connecting the project or on the conditions of the affected protection and safety zones. Therefore, during the transitional period, the developer/builder must ask the "network operator" for an opinion on the project, as he did until 30 June 2024.

In addition, the Builder Portal allows the Developer/Builder to provide only a link to the uploaded documentation in the application, which can be obtained from the Builder Portal.  Currently, only the project documentation can be uploaded separately via the Builder's Portal without completing the application. The Building Act, as amended by Section 172(4), requires the builder to include the relevant documentation required by the Building Act, which must be prepared by the designer, in the electronic documentation register at the latest when submitting the application. Documentation that does not need to be prepared by a designer must be entered into the electronic documentation register by the building authority if it is not entered by the builder. An example is a situation where the builder has the documentation prepared by the designer and the designer submits it not only in the form of documents but also in the form of a link to the builder's portal. The builder can then decide whether and in what form he will submit the application to the building authority - he will indicate it in the application sent electronically (i.e. possibly also by data mailbox), or he will write it manually in the application submitted in paper form.

A new Single Environmental Opinion Act (CZ JES), under the responsibility of the Ministry of the Environment, introduces the Single Environmental Opinion (CZ JES), which will be issued as a binding opinion. The CZ JES replaces the binding environmental opinions and decisions issued under nine different laws (e.g. Nature and Landscape Protection Act, Forest Act, Water Act, Air Protection Act, etc.).

Practical experience has also shown that it works well for the builder/developer to request preliminary information, on the aspects and conditions under which the building authority will assess the application for a decision on the approval of the project and under which conditions the application can be granted.

In more and more cases, if the builder/developer does not provide the binding opinions of the authorities involved in the application, the building authority itself will request them, without asking the developer to provide them or stopping the building process. In practice, however, we have found that the building authorities continue to request these documents from the developer.