PRAGUE/TOP09 - If the extensive amendment to the building code comes into effect, its opponents are prepared to appeal to the Constitutional Court. This was stated by Senator Tomáš Třetina, who believes that the bill contains provisions that are on the borderline of constitutionality. He criticizes in particular the interference with the powers of municipalities, the possibility of legalizing illegal buildings, and the weakening of protection for citizens. The ODS and TOP 09 clubs will vote against the amendment in the Senate.
"We must do everything to reject this amendment and prevent it from being implemented," said Třetina before the start of the Senate meeting. If the bill is ultimately passed, its opponents are prepared to appeal to the Constitutional Court. Třetina, who served as mayor of Moravský Krumlov for fifteen years, emphasizes in particular the impact of the amendment on local governments. According to him, the zoning plan is a fundamental tool by which municipalities decide what and where can be built within their territory. "The zoning plan is the only defense for a municipality against uncontrolled development," he said. The amendment, according to him, allows construction that deviates from the zoning plan. In some cases, the disagreement of the municipality may replace a court decision. Třetina considers this to be a significant infringement on the autonomy of local governments.
The Right of the Richer and More Arrogant
The senator sees several fundamental absurdities in the amendment. One of them, according to him, is the principle of "the right of the richer and more arrogant." According to Třetina, the bill opens the door to the retroactive legalization of illegal buildings. "The state will capitulate before you," he described the possible consequences. While the state applies a strict standard to people who follow the rules, a developer proceeding without the necessary permits may find themselves in a more advantageous position. The ODS and TOP 09 clubs are therefore talking about, among other things, the risk of legalizing illegal buildings. According to Třetina, the legal framework should not create an environment where it is worthwhile to build first and deal with the necessary permits later.
Infringement on the Rights of Municipalities
Another problem, according to Třetina, is the weakening of local governments. Changes in zoning planning, he says, may lead to municipalities becoming passive observers in decisions about their own territory. The senator also criticized provisions related to noise protection. According to him, the amendment allows for a significant weakening of requirements that are intended to protect residents from noise pollution. "We cannot allow the speed of construction to replace the defense of citizens, take away the rights of local governments, and declare internal noise as silence," he said.
According to the ODS and TOP 09 clubs, the bill may not even fulfill any of its main declared goals. The government promises faster building permits, but senators warn of paralysis in the construction administration, legal uncertainty, and other problems. According to them, the bill does not adequately address either the digitization or the staffing situation of building authorities. Třetina also criticizes the way the bill was prepared. According to him, extensive changes are being presented to the Senate that have not been sufficiently discussed and prepared professionally. "I find it unacceptable for such poorly prepared matters to be put before the Senate for consideration. The government is slacking off on its work," he concluded.
TAKEN FROM: EVA PASEKOVÁ, CZECH JUSTICE, August 19, 2026 (ABRIDGED)