The Chamber of Deputies approved an amendment to the Building Act that is intended to fundamentally change the organization of building administration and the building permitting process. Building authorities will now operate under the state; a new Office of Territorial Development is to be established; and, according to the government, a single consolidated procedure conducted by a single authority will suffice for building permits. The bill will now be reviewed by the Senate.
The amendment provides for the creation of a new type of state building administration. It will be based on the Office of Territorial Development and its regional branches, to which some officials from the existing building authorities will gradually be transferred. The government’s goal is to speed up the building permitting process and reduce the current fragmentation of decision-making. The bill introduces the principle of “one proceeding, one agency, and one decision.” In the event of an appeal, the higher-level authority is to decide the matter itself rather than returning it for reconsideration, which is intended to eliminate the repeated back-and-forth of cases between agencies. The amendment also extends the authority to issue their own building regulations to all regional capitals, transfers land-use planning to the exclusive jurisdiction of municipalities and regions, and stipulates that the planning, preparation, construction, and operation of public infrastructure and designated structures are in the public interest. Larger public housing projects are also to be included among designated structures. The approved amendment also includes a provision stating that, in certain cases, the removal of an unauthorized structure need not be ordered if doing so would constitute a clearly disproportionate intervention and, at the same time, neither the public interest nor the rights of third parties would be affected.
The government and coalition lawmakers defend the amendment by citing the need for faster construction of apartments, schools, kindergartens, infrastructure, and other structures. According to opponents, however,the bill weakens the protection of municipalities, neighbors, property owners, historic monuments, and the environment in a number of areas. The opposition has criticized, in particular, the scope of the proposed amendments, the impact on historic preservation, the possibility of broader legalization of unauthorized structures, and the transfer of building authorities to the state. Concerns have also been raised about whether the new system of building authorities can be adequately staffed and whether the reform will, in practice, lead to temporary chaos rather than a genuine acceleration of the process. Critics further point out that declaring certain construction projects to be in the public interest could also be significant in considerations regarding interference with property rights. Construction entrepreneurs and developers, on the other hand, largely welcome the change as a step toward more predictable and faster permitting. The Senate—and, if necessary, the president—will decide the amendment’s ultimate fate.
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