In today's article, we will briefly address the defense against the construction of additional apartment buildings in housing estates that are already overcrowded. We will briefly summarize what legal options are available.
Review
In order for an apartment building to be built, the so-called construction requirements. According to § 137 paragraph 1 Act No. 283/2021 Coll., Building Act (hereinafter "construction law"), means:
- land delineation requirements,
- building placement requirements,
- technical requirements for buildings.
The mentioned requirements are further specified by Decree No. 146/2024 Coll., on construction requirements. In the event that a building permit for other apartment buildings is issued in violation of the aforementioned requirements or other provisions of the law, anyone can submit an initiative to a superior administrative body to initiate a review procedure according to § 94 et seq. Act No. 500/2004 Coll., Administrative Code (hereinafter "administrative regulations"). However, there is no legal right to initiate a review. The review may be initiated at the latest 1 year from legal authority decision.
Objections of the parties to the proceedings, appeal
Participants in the proceedings can apply objections, at the latest during an oral hearing, or a public oral hearing, and if it has not been ordered, then within the time limit specified in the notice of initiation of proceedings.[1] They can also appeal against the decision appeal, unless the law provides otherwise.[2] Therefore, the possibility of an agreement with one of the parties to the proceedings, who can use the aforementioned, cannot be ruled out. There is usually a deadline for filing an appeal 15 days from delivery.
Reminders
You do not need to be a party to the proceedings in order to submit comments. If a public oral hearing is ordered, so everyone can make comments, at the latest at this meeting.[3]
Administrative action
Standing is granted to the person who claims to have been have their rights abridged directly or as a result of a violation of their rights in a previous proceeding by an act of an administrative body, which establishes, changes, cancels or bindingly determines its rights or obligations.[4] The submission deadline is 2 months from the delivery of the building permit to the plaintiff.
Special methods of defense against the construction of additional apartment buildings in housing estates
Furthermore, the law in § 66 paragraphs 1 to 4 Act No. 150/2002 Coll., Administrative Code of Court (hereinafter "administrative court code”) grants special legal standing to protect the public interest to some other agents, for example public defender of rights whether the supreme prosecutor. In the event that apartment buildings are in conflict with the public interest, a complaint can be submitted to one of these officials.
Defense against the construction of additional apartment buildings in housing estates is possible, but it is a complicated issue. Important is not to miss deadlines, which are sometimes crucial.
Source: Leagle.one
Have questions about this article? Do you need legal advice or representation in the field of construction law? Contact us and we will solve everything together!
Mgr. Lucie Špičková, Attorney
Nikol Zlámalová, Paralegal
[1] § 190 paragraph 1 of the Construction Act
[2] § 81 paragraph 1 of the Administrative Code
[3] § 192 paragraph 1 of the Construction Act
[4] § 65 paragraph 1 of Act No. 150/2002 Coll., Administrative Code of Procedure (hereinafter referred to as "Administrative Code of Procedure")
