Old obligation to approve residential houses resurrected
Author of comment: Mgr. et Mgr. Mgr. Ing. Jan Tomíšek
As of 2018, the obligation to ensure approval for the vast majority of residential houses was deleted from the Building Act. However, the new Building Act reintroduces the approval requirement.
Approval is a procedure by the building authority, at the end of which the authority approves the possibility to use a building for its defined purpose. In accordance with the Building Act, the listed buildings can only be used on the basis of a building approval or a building approval decision.
Until the end of 2017, approval was mandatory for all residential houses. However, an amendment to the Building Act limited the need for approval to specific cases. The first criterion for mandatory approval was that the building required a notification or building permit. This criterion is always fulfilled in the case of residential houses. However, the building would also have to be one of the defined types of building, namely public infrastructure construction:
- a structure whose characteristics cannot be influenced by future users,
- a structure for which provision has been made for trial operation,
- the alteration of a building which is a cultural monument, or
- a water work under the Water Act.
The category of buildings whose characteristics cannot be influenced by users includes, among others, development projects. For them, the obligation of approval is maintained.
The full article can be found here. The article is in Czech.