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May 06, 2021 | News May 2021 | Amendment to the Building Act

On May 1, 2021, an amendment to Act No. 50/1976 Coll. on Land Use Planning and Building Order (Building Act) came into force, which aims to streamline the regulation of advertising constructions and thus strengthen the fight against visual smog.

Unlike the pre-amendment legislation, according to which it was possible to issue building permits for advertising constructions for an indefinite period of time, the new amendment introduces a limited validity of building permits for such constructions for a maximum period of three years, with the possibility to apply for an extension. At the same time, the validity of building permits for advertising constructions issued for an indefinite period in accordance with the pre-amendment legislation is limited to three years from the effective date of the amendment.

The amendment also introduces the obligation of the owner of an advertising construction to remove the construction within 30 days from the expiration of the period for which the construction was permitted, or from the entry into force of the decision not to extend the duration of the construction. If the owner fails to fulfill this obligation, the valid and enforceable decision becomes a writ of execution.

Also municipalities are now authorized to file a notice of removal of an advertising construction in their territorial district. According to the explanatory memorandum to the amendment, municipalities are best aware of any illegal advertising constructions located in their territories.

At the same time, the amendment simplifies the administrative process preceding the actual removal of advertising constructions and triples the fine rates in the area of advertising constructions.  If the owner of the advertising construction is required to remove it and fails to do so, the owner may be fined EUR 1,350 and, in the case of a repeated breach, double this amount.