Overview of Recent Efforts to Reform Spatial Planning and Construction Regulation in Slovakia

Below is a summary of the most significant reform efforts, culminating in the adoption of Act No. 25/2025 Coll. on Construction (the “Construction Act”), which represents the first comprehensive overhaul of construction legislation in decades. The key features of the Construction Act are also outlined below.

1. Partial Amendments to Act No. 50/1976 Coll. on Spatial Planning and Building Procedures (the “1976 Building Act”)

In response to increasing pressure from both the public and private sectors, several partial amendments to the 1976 Building Act were adopted between 2020 and 2024. The most significant of these was Act No. 46/2024 Coll., which amended the 1976 Building Act and other related legislation (the “Amendment”).
Although these changes aimed to address procedural inefficiencies, they were widely regarded as insufficient to resolve the systemic shortcomings in planning and permitting processes.

2. Act No. 200/2022 Coll. on Spatial Planning (the “Spatial Planning Act”)

The Spatial Planning Act introduced a hierarchical planning structure and new requirements for zoning documentation. It became effective in 2024 and laid a foundational framework for broader reforms. However, its effectiveness was contingent on corresponding changes in construction permitting laws, which had not yet been implemented at that time.

3. Act No. 201/2022 Coll. on Building Procedures (the “Building Act”)

This was the first attempt in decades at a comprehensive reform of the construction permitting process. Adopted by Parliament in 2022, the Building Act introduced a centralized permitting process and a new system of construction authorities.
Despite its ambitious scope, the Building Act was heavily criticized by the incoming government following the 2023 elections and never entered into force.

4. The Construction Act – Key Provisions Effective from 1 April 2025

The Construction Act represents the culmination of years of legislative effort and responds to long-standing calls for comprehensive reform in construction law. Its key provisions are summarized below:

Simplification of the Permitting Process

• The existing two-tier decision-making process (zoning decision and building permit) is replaced with a single one — the construction intent procedure.
• A unified procedure now governs the approval of a main building, which may include multiple buildings forming a functional unit.
• Ancillary improvements (e.g. roads or water infrastructure) no longer require separate procedures. Instead, a binding opinion will be issued by the competent authority responsible for the ancillary works.

Presumption of Approval (Legal Fiction)

• The Construction Act introduces a legal fiction mechanism: if a competent authority fails to issue a binding opinion within the statutory time limit, it is presumed to have approved the request.
• Statutory time limits are:
• 30 days for standard structures,
• 60 days for complex structures.

Building Office Responsibilities Assigned to Municipalities

• Municipalities will continue to act as building offices, exercising delegated state powers in the area of construction regulation.
• Municipalities may still associate and establish a joint municipal office (multiple smaller communities may form a single office with oversight for all). The territories of the municipalities forming such a joint office must lie within the territorial district of the same regional authority.

Procedure for Unauthorized Improvements

• From 1 April 2025 onwards, it will no longer be possible to retrospectively legalize improvements constructed without a valid permit.
• A transitional procedure applies to the retrospective legalization of the unauthorized improvements constructed before 1 April 2025. Such improvements must either:

• Receive retrospective approval within the prescribed timeframe and under the specified procedure, or
• Be subject to mandatory removal.

Definition of Infringements and Administrative Offences

• The Act clarifies and expands the catalogue of administrative offences.
• New sanctionable parties include contractors and construction supervisors, particularly in relation to unauthorized construction activity.

Classification of Improvements

Although the legal definition of “improvement” remains unchanged, the Act refines the classification system and introduces new categories, including the newly defined “designated improvemets” (vyhradené stavby).

1. Minor Improvements (Drobné stavby):

• Defined as improvements that cannot significantly affect their surroundings;
• Typical examples: improvements with a maximum built-up area of 50 m², and a maximum height of 5 meters (such as summer kitchens, sheds, garages, animal shelters), small information displays (up to 20 m²), renewable energy installations (up to 100 kW), electric vehicle charging station with a total output not exceeding 22 kW.
• These improvements may be subject to streamlined notification procedure or even exempt from notification requirements if specific conditions are met.

Simple Improvements (Jednoduché stavby):

• Defined as structures with limited impact on surroundings.
• Typical examples: single-family homes, buildings with up to three apartments, transformer stations.
• May be built by the owner via self-help construction.

Designated Improvements (Vyhradené stavby):

• Newly introduced category for technologically complex or structurally unconventional buildings.
• Typical examples: a single-story building with the option of one mezzanine and a roof structure span exceeding 30 meters, a multi-story building with the height of the top floor structure exceeding 32 meters above ground level, tunnels, railway or trolleybus lines, dams, nuclear facilities.
• Project documentation for designated constructions must be prepared by an authorized professional listed in the official register.

All other improvements not falling under these categories will follow the standard construction permitting process as outlined in the new legislation.

Digitalization of Proceedings

• Proceedings will now be digitized in communications with the builder or project designer.
• This applies throughout both:
• Pre-permitting (discussion phase), and
• Permitting (construction intent procedure).
• A transitional period allows procedural acts in paper form until 31 March 2029.
• After that date, only natural persons may continue using paper-based communication.

Closing Remarks and Anticipated Developments

The Construction Act marks a pivotal shift in Slovak construction law by introducing:

• Streamlined permitting;
• Stronger enforcement mechanisms;
• Categorization of improvements based on complexity; and
• A move toward fully digital procedures.

Anticipated implications:

• Municipalities must adapt to their continuing — and possibly expanded — administrative roles.
• Builders and professionals must familiarize themselves with the new classification and procedural rules, particularly those governing designated improvements.

Ongoing digitalization will require updates to internal workflows, documentation systems, and technical infrastructure across the sector.

By Lucia Kolenicova, Senior Associate, Majernik & Mihalikova, PONTES