24.02.2025 Tomáš Balun

Summary of changes brought about by the new wording of the Building Act 2

Summary of changes brought about by the new wording of the Building Act 2

In order to harmonize the changes brought about by the completely new wording of the Construction Act, more than 70 laws were amended and modified within the framework of the government's draft law on amendments to certain laws to meet the needs of the new Construction Act, to ensure continuity in the construction sector.

The new construction law also brought changes to the following legal regulations:

• Act No. 442/2002 Coll. on public water supply and public sewerage systems and on amendments and supplements to Act No. 276/2001 Coll. on regulation in network sectors

  • similarly to the amendments to other special laws on construction law, the amendments to the Act on public water supply primarily concern the unification of two previously separate administrative procedures - zoning and construction procedures;
  • this two-stage system in practice meant that all submissions and requests addressed specifically to the affected authorities and legal entities, in the event of their competence in the given procedure, had to be submitted by the builder several times, while it was not excluded that some of the affected authorities expressed their views on the same matter duplicatively;
  • changes in connection with the newly introduced unified procedure for construction plans also bring changes in the design, establishment and operation of public waterworks and public sewerage systems, including their connections;
  • it remains the case that the owner of a public waterworks and public sewerage system, which is a subject of public law, or their operator, is entitled to enter other people's real estate to the extent necessary in connection with the design, establishment, reconstruction, modernization, operation or for the purposes of repairs and maintenance of a public waterworks or public sewerage system;
  • in the case of the establishment of public waterworks and public sewerage systems on other people's land, the owner of this land must tolerate the establishment of a real easement for the management of public waterworks and sewerage systems;
  • under the new building law regulation, the owner of a public water supply or public sewerage system will be obliged to submit a proposal to record the easement in the real estate cadastre within 60 days from the date of issuance of the occupancy certificate;
  • unlike the current regulation, this period is being shortened, as until now the proposal to record the easement had to be submitted within 60 days from the date of entry into force of the occupancy decision;
  • subsequently, the owner of a public water supply or its operator must notify the owner of the land in writing of the recording of the easement, also within 60 days from the date of issuance of the occupancy certificate, not after the recording has been made.

• Act No. 364/2004 Coll. on Water and on Amendments to the Act of the Slovak National Council No. 372/1990 Coll. on Offences, as amended (Water Act)

  • in connection with the new construction law, the changes within the Water Act will particularly affect the process of permitting and reporting water structures;
  • In order to carry out construction modifications to a water structure, a notification to the state water administration authority is sufficient. Such a notification must be accompanied by a simple technical description, the situation in the area and a simple schematic representation of the intended construction modification;
  • unless the state water administration authority has an objection to the notification, the developer must start construction modifications within two years from the date of delivery of the notification;
  • in the case of a construction proceeding, the subject of which will be a water structure, which is also part of a set of structures, while another construction office is competent for the construction plan proceedings for the main structure, the state water administration authority will have the status of the affected authority in such proceedings, while the construction plan of the water structure is acted upon by the construction office competent for the construction plan proceedings for the main structure;
  • in accordance with the current regulation, the state water administration authority, which has the competence of the construction office in the matter, must also decide separately on such a water structure;
  • based on the above, the proceedings on the entire structure will be unified under the competence of one construction office, which decides on the main structure;
  • in accordance with the current regulation of the Water Act, the builder must request the state water administration authority for a statement on the construction plan and under what conditions it can be implemented;
  • according to the new legislation, the state water administration body will express its opinion on the intended water structure directly during the discussion of the construction plan.

Part 1: Summary of changes brought about by the new wording of the Building Act

12.02.2025 Tomáš Balun
Summary of changes brought about by the new wording of the Building Act
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