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13 MARCH 2025

Slovakia adopted the new Building Act, effective from April 1, 2025. How will it reshape the construction sector?

 

Author of the article

Poláček & Partners

The new Building Act, effective April 1, 2025, marks the first major reform of construction legislation in 50 years. The article explores key changes as well as the unresolved challenges that remain.

The first major reform in 50 years

The new Building Act is a significant milestone, mainly because it represents the first major reform of construction legislation in the last 50 years. The previous regulation did not reflect market needs and slowed down the permitting process. This caused problems in the construction of infrastructure, housing, and commercial buildings. Overall, this modernization of construction law aims to bring faster construction, less bureaucracy, and greater transparency. The reform was also prompted by the worsening availability of housing, as long permitting processes were slowing down the construction of new apartments.

Key changes effective from April 1, 2025

The new Building Act brings a major shift in how construction projects are approved. It will affect developers, designers, and building authorities alike. The zoning procedure is being eliminated, and construction will now be approved through a single process based on a building intent application, which could significantly speed things up. Another positive change is the introduction of clear deadlines for binding opinions from relevant authorities—if they fail to provide their response on time, it will be assumed that they agree. Some key changes are:

Faster approvals

The zoning and building permit processes are merged into a single integrated procedure based on a building intent application. This eliminates the separate zoning stage, significantly shortening approval times.

Automatic approvals for delayed responses

Authorities must issue binding opinions within clear deadlines. If they fail to respond on time, their approval will be assumed, preventing unnecessary delays.

Introduction of digitalization

A central electronic communication system between builders, designers, and authorities, facilitated by the Slovak Republic's Authority for Spatial Planning and Construction, will streamline processes.

New structure for building authorities

The Authority for Spatial Planning and Construction and regional building authorities will have new responsibilities. Municipalities will remain the local building authorities.

New rights and responsibilities for construction participants

Builders have new obligations, but designers will carry the most responsibility, including being fully accountable for the preparation of documentation and construction according to the project.

Legalization of illegal buildings

The law introduces procedures for retroactive legalization of buildings constructed without permission before its enactment.

Reduction of administrative burden

The goal is to speed up and simplify approval procedures, reduce paperwork, and clarify rules.

Remaining issues

According to Šimon Hudák, our partner and expert in construction and environmental law, however, several questions remain open: "Will building authorities be adequately staffed to handle the changes? From 2026, building authorities will need to have at least two qualified employees capable of performing the duties of the building authority. The new law has yet to meet all the requirements for the digitalization of the permitting process and does not yet link construction approvals with environmental impact assessments (EIA). These improvements are still on the horizon."


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