Summary of changes brought about by the new wording of the Building Act III.

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. 582/2004 Coll. on local taxes and local fees for municipal waste and small construction waste, as amended
- The Act on Local Taxes primarily establishes the types of local taxes and their subject matter, which include, among others, real estate tax;
- local real estate tax includes tax on land, buildings, apartments and non-residential premises;
- according to the new construction law, a building plot will be considered a plot of land specified in a valid building plan until the building inspection certificate is issued for the building; i.e. not until the building inspection decision becomes valid as is currently the case;
- according to the new building legislation, it does not affect the total area of the building plot, if after the decision on the building plan has become legally valid, the building plot has been divided by a geometric plan,
- following the new building legislation, the Act on Local Taxes specifies in more detail which plots of land are not subject to local land tax;
- for the purposes of local land tax, under the new legislation, the plot of land listed in the notification of a minor construction and building modification will not be considered a building plot, as well as the plot of land on which only an engineering structure will be constructed - primarily land communications and technical equipment networks;
- the plot of land on which a decision on the building plan was issued is not considered a building plot according to the new building legislation if the verification clause for the construction project has lost its validity and at the same time the construction work has not begun according to the verified construction project;
- It is also impossible to ignore the important transitional provisions regarding the application of the legislation effective from 01 April 2025;
- if the tax liability for local taxes, the fee liability for the fee and the notification obligation arise by 31 December 2025, the provisions of the old legislation, effective until 31 March 2025, are followed.
Act No. 657/2004 Coll. on Thermal Power Engineering, as amended
- The Act on Thermal Power Engineering regulates, within the framework of the conditions for doing business in thermal power engineering, some conditions for the construction of thermal facilities and their systems;
- for the construction of a thermal facility system, the contractor must have a construction certificate issued by the municipality or the Ministry of Economy;
- according to the regulation effective until March 31, 2025, the certificate was the basis for zoning and construction proceedings, as well as for the application for connecting a newly created thermal facility to the distribution network;
- based on the legal regulation effective from April 1, 2025, the ministry and the municipality continue to be the relevant authorities for the purposes of discussing zoning documentation to the extent of the facts that are evaluated in the process of issuing the certificate.
Therefore, according to the new legislation, the following cases will continue to be considered:
- evaluation of the need for new heat sources and heat distribution in the area to be supplied with heat,
- use of domestic renewable energy sources,
- possibility of obtaining heat energy in the area where construction is to be carried out from combined heat and power generation,
- fulfillment of environmental protection requirements,
- economic efficiency and energy efficiency of the heating system,
- use of highly efficient combined heat and power generation or renewable energy sources in centralised heat supply systems,
- impacts on the economic efficiency and energy efficiency of other affected heating systems, in particular centralised heat supply systems, and impacts on end consumers who are supplied with heat from other affected heating systems;
- the ministry and the municipality will be the affected authorities equally when discussing the construction plan, in the construction plan procedure or when ordering construction work, if they reserve this right also when verifying the construction project, in the construction approval, in the change in the use of the construction, in the early use of the construction, in the temporary use of the construction or in the removal of the construction within the scope of the conditions specified in the valid certificate;
- in connection with the change in the building law and the unification of the two procedures into one joint procedure on the construction plan, the individual affected authorities express their views within the entire procedure;
- after the adoption of the amendment, it remains unchanged that this certificate is the basis for the application for connection to the distribution network.
Act No. 326/2005 Coll. on Forests
- the change in building regulations in connection with the Forest Act will primarily affect the obligations to protect forest land, within the framework of spatial planning and construction activities;
- forest lands may be used for purposes other than fulfilling forest functions only if the competent state forestry administration authority, after a prior opinion of the relevant state administrative authorities, decides on their temporary or permanent exemption from fulfilling forest functions;
- the relevant authority will usually be the district office or the district office in the seat of the region, depending on their territorial jurisdiction, as well as the area and location of the forest land;
- within the framework of the currently effective building regulations, it is necessary to have a binding opinion of the competent forestry authority before issuing a zoning decision, which the developer must request himself;
- According to the legislation effective from 1 April 2025, it is not necessary to request a binding opinion from the relevant authority before initiating the construction plan procedure;
if it concerns a construction to be built on forest land or in a forest protection zone, the developer or the designer authorized by him shall make the project documentation available directly within the framework of the discussion of the construction plan in the information system of the Office for Spatial Planning and Construction (hereinafter referred to as the "Office") and shall request, among other things, the authority concerned to issue a binding opinion on the construction plan;
the list of the authorities concerned shall be kept in the information system of the Office;
the authority concerned shall subsequently issue a binding opinion directly within the framework of the construction plan procedure and the developer shall no longer have to submit it;
the binding opinion in question shall also be issued in the case of notifications of construction and construction modifications;
the authority concerned may, in all the above cases, reserve the right to issue a compliance clause with the construction project;
- from April 2025, the commencement of works on deforestation of exempted forest land will continue to be subject to the payment of compensation for the loss non-productive functions of the forest;
- however, if a decision on a building plan or a construction notification or another decision is required for the further use of the exempted forest land, its deforestation may not begin before the verification of the construction project verified in the construction plan procedure or on the basis of the notification, or before another decision under a special regulation enters into force,
- this does not mean the termination of the aforementioned payment obligation for the loss of non-productive functions of the forest, but only a change in the process of using the exempted forest land,
- the decision on the exemption of the forest land loses its validity upon the expiry of the period for which it was issued, or if, within two years of its entry into force, the authorised entity does not begin to implement the plan for the implementation of which the decision was issued and if a decision on a building plan or a construction notification is required for the further use of the exempted forest land, this period shall only run from the date of verification of the construction project verified in the building plan proceedings or on the basis of the notification.
Act No. 669/2007 Coll. on one-off extraordinary measures in the preparation of certain motorway and road construction projects for motor vehicles and on amending Act of the National Council of the Slovak Republic No. 162/1995 Coll. on the Real Estate Cadastre (Cadastral Act) as amended by later regulations (hereinafter referred to as the “One-off Measures Act”)
- the aim of the One-off Measures Act is to accelerate the preparation of the construction of motorways and roads for motor vehicles through special measures enabling more efficient acquisition of land and acceleration of processes related to the preparation and implementation of motorways and selected types of roads;
- the changes in this Act are primarily related to the unification of the previously two-track construction and zoning procedure into a single procedure for construction plans;
- following the newly introduced single procedure, individual specificities and requirements in the preparation and construction of motorways and expressways are also changing, which may have special deviations due to the uniqueness of the subject matter of the procedure;
- this is also the case in the case of the conditions for conducting an oral hearing or on-site investigation in the process of assessing the construction and technical requirements for the construction of a specific motorway or expressway;
- for the unification it will not be possible to hold and order oral hearings more than once in both proceedings;
- so far it was possible to hold and order oral hearings and local investigations also in territorial proceedings and if there was an obstacle in the proceedings, the building authority could order them again within the framework of the construction proceedings;
- the unification and limitation of the holding of oral hearings and local investigations, on the one hand, aims to accelerate the entire process of assessing construction and technical requirements for the construction of a specific motorway or expressway, but on the other hand, it requires the readiness of the entities concerned to exercise their rights and legally protected interests within the framework of a unified procedure.