The new construction legislation approved in 2022, which aims, among other things, to speed up permitting processes, was to enter into force as a whole on 1 April 2024. This legislation divided the "old" Construction Act into two parts: spatial planning and construction.
However, the goal was not achieved.
The newly created Act on Spatial Planning entered into force as planned on 1 April 2024, while at the same time, the provision on spatial planning in the old Construction Act was abolished. This means that the territorial plans of municipalities, or of other territorial units, will already be procured according to the new regulation. Territorial plans, or their modifications and additions, whose procurement was initiated according to the original Construction Act, are an exception. The Act on Spatial Planning also introduces the new institution of the binding opinion of the municipality, which proves within the zoning proceedings the compliance of the proposed building with the binding part of the zoning documentation.
Construction permits, which were supposed to be regulated by the new Construction Act beginning in April, remain valid according to the original Construction Act, with minor modifications. Jurisdiction remains with the municipalities, while the appeal authority is the regional office of the Office for Territorial Planning and Construction (ÚÚPaV).
The new regulation is tentatively expected to take effect on 1 April 2025, but several legislative changes will be necessary by then (e.g. when integrating the proceedings into the building plan proceedings). The ÚÚPaV launched a new spatial planning portal on its website on 1 April 2024. In the future, the information system will also cover the construction sector. However, due to the postponement of the Construction Act, only the part for spatial planning has now been launched.
By Annamaria Tothova, Partner, Eversheds Sutherland
