In 2022, the Slovak Parliament passed two long-awaited laws, an Act No 201/2022 on construction (hereinafter the “Construction Act”) and an Act No 200/2022 on spatial planning (hereinafter the “Spatial Planning Act”). I wrote about the adoption of these laws and their content in my last article published in CEE Legal Matters. Both laws, which together were intended to bring long-anticipated systemic changes to spatial-planning and building permit procedures in Slovakia, were supposed to take effect on 1 April 2024; however, this never happened.
Instead, the new Slovak government’s policy statement included a commitment to review both the Construction Act and the Spatial Planning Act and to postpone their effectiveness in order to allow time for any shortcomings to be addressed.
This commitment resulted in the following:
- The adoption of Act No 46/2024 amending Act No 50/1976 on spatial planning and building regulations (the Building Act) and amending certain other laws, which was published in the Collection of Laws on 14 March 2024 (hereinafter the “Amendment”). Among other things, the Amendment postponed the effective date of the Construction Act by one year, until 1 April 2025.
- The drafting of a bill that, if approved, would both replace the Building Act (hereinafter the “1976 Building Act”) with a new law (hereinafter the “New Building Act”) and also replace the Construction Act, most likely before it takes effect. As regards the justification for replacing the Construction Act, the Slovak Ministry of Transport says the law envisages procedures for which institutions are still unprepared, meaning it would be unenforceable by its effective date (1 April 2025).
Below, we provide an overview of the Amendment’s most significant changes, applicable in Slovakia at least until 1 April 2025, and a brief overview of the changes that will result from the New Building Act:
A: The Amendment
- The Spatial Planning Act is in effect from 1 April 2024
Most parts of the Spatial Planning Act took effect on 1 April 2024. This law governs the creation of spatial plans or the declaration of construction bans.
- The 1976 Building Act, including its most recent amendments, remains in effect until the effective date of the Construction Act or New Building Act
Building permit procedures will continue pursuant to the 1976 Building Act as amended by the Amendment. The 1976 Building Act no longer regulates the creation of spatial plans, which, along with the drafting of spatial planning documentation, is now (since 1 April 2024) governed by new provisions of the Spatial Planning Act.
- Single integrated procedure
A number of interconnected and interdependent decisions or approvals are now consolidated into a single construction procedure for a main building, which may consist of multiple buildings or a set of buildings forming a functional unit. In such cases, the main building is identified, and any ancillary structures are included in the single construction procedure. Separate procedures for ancillary structures (e.g., roads or water structures related to the main building) will be replaced by an opinion issued by the authority responsible for the ancillary structures.
- Combining spatial planning and construction procedures
The Amendment extends the categories of buildings for which spatial planning procedures may be combined with construction procedures (to include, for example, simple buildings or buildings whose disposition is determined by a spatial plan). This is conditional upon issuance of a binding opinion of the spatial planning authority. The binding opinion, as a legal instrument assessing the compliance of the proposed building with the binding part of the spatial planning documentation, is regulated by the Spatial Planning Act as part of the original major construction reform.
- Presumption of approval
Previously, a municipality could in practice take years to issue its binding opinion on a building permit. Now, the municipality has 60 or 90 days to issue its opinion, depending on the nature of the building. If the municipality does not respond within this period, it will be presumed to have granted approval—meaning the proposed building will be deemed compliant with the binding part of the spatial planning documentation.
- Unauthorized buildings
The Amendment provides for the following regimes for unauthorized buildings:
6.1 Buildings constructed before 1 October 1976
These are deemed compliant with the legislation in effect as of 1 April 2024.
6.2 Buildings constructed between 1 October 1976 and 31 December 1989
These are deemed compliant with the law in effect as of 1 April 2024 if the following two conditions are met:
6.2.1 The building has been continuously used for its intended purpose.
6.2.2 The owner of the building is also the owner of the land on which it stands, or has another right to the land.
6.3 Buildings constructed without a building permit or notification, or used without an occupancy permit between 1 January 1990 and 31 March 2024.
If the builder meets specified conditions, the building office will issue a decision on the building’s usability which will have the effect of an occupancy permit. The conditions include mainly the following:
6.3.1 The building has been in continuous use without defects.
6.3.2 The building is satisfactory in terms of its technical condition and equipment.
6.3.3 The building’s condition does not endanger life.
6.3.4 The builder owns or has another legal right to the land on which the building stands.
6.3.5 The building complies with the spatial plan (only the functional use of the land is assessed, not the disposition of buildings) and interests protected under other laws.
6.3.6 The building is not located under power lines, over a gas pipeline, within the protective zone of power lines or a gas pipeline, or in a floodplain or landslide zone.
6.3.7 The building is not an advertising structure, nor is the building subject to proceedings for its removal.
B: The bill for the New Building Act
The inter-ministerial consultation procedure for the bill for New Building Act has concluded, and the draft law will soon be submitted to the Slovak Parliament. The key changes and provisions contained in the bill are as follows:
- Strengthening the position of land and building owners
The bill strengthens the rights of land and building owners in respect of the construction process.
- Restoration of the original role of state building administration authorities
The bill re-establishes these authorities as purely technical state authorities focused solely on construction-related matters. They are divested of other responsibilities, which currently include overseeing non-technical issues (such as assessing usefulness, user relationships, neighborhood disputes, and movable property issues).
- Simplification of the construction preparation process
The bill scraps the current two-tier decision-making system (spatial planning and building permit decisions). Instead, it introduces a single procedure—the construction intent procedure— through which the building office will grant approval for the proposed construction activity.
- Building office responsibilities remain assigned to municipalities
The bill maintains the current system where municipalities exercise building office responsibilities as a delegation of state administration in the area of building law. Furthermore, it allows municipalities to establish building office districts, similar to the existing joint municipal offices.
- Special procedure for unauthorized buildings
The bill establishes a procedure for unauthorized buildings erected before the effective date of the New Building Act. Such buildings must either be retrospectively approved within a specified timeframe or will face removal.
- Clear definition of infringements and administrative offenses
The bill refines the list of infringements and administrative offences and expands the category of sanctionable persons involved in construction to include, for example, contractors and construction supervisors.
- Abandonment of the planned digitalization of construction approval procedures
The bill abandons the planned digitalization of construction approval procedures.
- Establishment of a minimum population requirement for building office districts
The new law introduces a rule requiring building office districts to serve a minimum number of inhabitants, effectively leading to the dissolution of small building offices.
- Exclusion of public participation in public construction projects
Members of the public will no longer have the right to comment on construction projects or plans affecting public spaces and the environment. In the case, for example, of urban park construction or revitalization, local residents will have no opportunity to provide input into or influence what is being built in the public space beneath their windows. Moreover, they may not even be informed of such developments in a timely manner. This change aims to streamline construction proceedings but has sparked concerns, particularly regarding the exclusion of public input in urban development and potential environmental impacts.
By Lucia Kolenicova, Senior Associate, Majernik & Mihalikova, PONTES
