The planning and construction procedures for transport infrastructure have been simplified and shortened under new legislation introduced on 27 November 2009.
The new law aims to prevent property rights being abused to obstruct construction, which has frequently affected transport construction projects in the Czech Republic in recent years.
The key changes include:
- enabling the building authority, on request by the builder, to join together the planning and construction proceedings
- enabling construction proceedings to be commenced even if no documents have been submitted to the building authority proving the builder's title to the relevant land plots (although no building permit may be issued until after they have been submitted)
- shortening to one month (from two) the term for filing a claim to court against administrative decisions issued in the proceedings. The court will issue its final decision within 90 days after the claim is filed
- simplification of expropriation proceedings to facilitate construction where the builder is not able to acquire the land plots or buildings needed for the transportation structures by mutual agreement with their current owner
The new law will accelerate the construction of highways in the Czech Republic as PPP projects.
Law: Act on Acceleration of Construction of Transport Infrastructure (Act No. 416/2009 Coll.)
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 25/01/2010.
