The National Council of the Slovak Republic has approved the new Building Act (Act No. 25/2025 Coll., Building Act), effective April 1, 2025, which replaces the original Building Act (Act No. 50/1976 Coll., on Spatial Planning and Building Regulations). The new Building Act introduces several fundamental changes aimed at reducing the administrative burden, with its main objective being to simplify the entire construction process from the design of the building project through to final approval. You can read about the specific changes it will bring and the impact it will have on participants in the building permit process in this article.
New Building Act Effective April 1, 2025
The National Council of the Slovak Republic has approved the new Building Act (Act No. 25/2025 Coll., Building Act), effective April 1, 2025, which replaces the original Building Act (Act No. 50/1976 Coll., on Spatial Planning and Building Regulations) . The new Building Act introduces several fundamental changes aimed at reducing the administrative burden, with its main objective being to simplify the entire construction process from the design of the building project through to final approval. You can read about the specific changes it will bring and the impact it will have on participants in the building permit process in this article.
The new Building Act is conceptually structured in accordance with current requirements for the internal organization of laws; in accordance with Act No. 400/2015 Coll. on the Creation of Legal Regulations and on the Collection of Laws of the Slovak Republic, as amended, while in the area of technical terminology, historically proven and generally accepted terminology is adopted, while new terminology is also adopted from specialized international documents, legally binding acts of the European Union, and the International Statistical Classification of Buildings.
The most significant changes:
Proceedings on a building project and the presumption of consent to the issuance of a binding opinion
Perhaps the most significant change is the abolition of the two-part zoning and building permit proceedings and the establishment of a single integrated proceeding, which will be the building project proceeding. By merging these proceedings into a single process, the legislature aims to prevent unnecessary delays in the proceedings.
Even before the proceedings begin, a so-called “preparatory phase” is required. This phase includes making the project documentation available, submitting a request for a binding opinion, the issuance of a binding opinion by the relevant authorities, and a report on the review of the construction project, which will result from the review of the construction project. The report on the review of the construction project, together with the construction project itself, then serves as the basis for the proceedings regarding the construction project. This is also related to the introduction of the presumption of issuance of a binding opinion. If a binding opinion is not issued by the competent authority within the statutory time limit, it is presumed that the authority has no comments on the request for a binding opinion and that it agrees to the issuance of a binding opinion. The statutory deadline for issuing a binding opinion is 30 days and, for complex structures, 60 days.
For proceedings regarding a construction project involving a structure consisting of multiple structures or a complex of structures, the competent building authority will be the one that decides on the construction project for the main structure. Another significant change in the proceedings will be the digitization of communication with the builder or the designer authorized by the builder. Communication will take place via electronic means, not only during the consultation phase of the building project but also during the proceedings regarding the building project.
Building Authorities and Parties to the Proceedings
The new Building Act introduces several important organizational changes concerning the jurisdiction of building authorities, as well as changes that will significantly affect the parties to the proceedings. The municipality remains the first-instance building authority, while the Regional Office for Spatial Planning and Construction will serve as the appellate body for decisions made by the building authority. The Office for Spatial Planning and Construction of the Slovak Republic will be the other central state administration body in the field of construction and building supervision.
Changes will also occur in the area of state construction supervision. This will no longer fall under the jurisdiction of the Slovak State Inspection. The Slovak State Inspection is being abolished, and matters within its scope will be taken over by the construction inspectorate, which will be the Regional Office for Spatial Planning and Construction. In this regard, it is important to note that proceedings initiated by the Slovak Building Inspectorate that have not been legally concluded by March 31, 2025, will be completed by the Office for Spatial Planning and Construction of the Slovak Republic in accordance with existing regulations. All legal effects of acts performed before April 1, 2025, will remain in force.
The new legislation will also directly affect the parties to the proceedings. A key change in this regard will be the narrowing of the scope of parties to the proceedings. Under the new Building Act, not everyone who claims that their rights will be directly affected by the decision will be able to be a party to the proceedings, as was provided for in the original legislation. The term “large number” of parties to the proceedings is also precisely defined; if the number of parties exceeds 20, the notice of the commencement of proceedings must be published by public notice, thereby ensuring broader public awareness.
Changes in the Categorization of Structures
The definition of the term “structure” has not changed; however, the new Building Act amends the wording of certain provisions regarding the categorization of structures and simultaneously expands it to include additional terms, such as “reserved structure.” Minor structures are defined as structures that cannot significantly impact their surroundings, with a maximum built-up area of up to 50 m² and a height of up to 5 meters. The building permit process for these structures will be simplified and expedited. Examples of minor structures include summer kitchens, sheds, garages, shelters, or structures for raising small animals. These structures do not always need to be reported, provided certain conditions are met, such as if the structure is located outside a public space or is not situated in a historic preservation zone. At the same time, the list of minor structures is being expanded to include information structures with an information area of up to 20 m², which serve advertising, sports, informational, or cultural purposes, and facilities for the production of electricity, heat, and cooling from renewable sources with a total installed capacity of up to 100 kW (inclusive).
The Act defines simple structures as structures or building constructions that do not have a significant impact on their surroundings; these include, for example, single-family homes or apartment buildings with no more than three apartments. It expands the definition of simple structures to include, for example, transformer stations or single-story structures whose built-up area does not exceed 300 m² and height 15 m, provided they are intended for use by a maximum of 30 people, and others.
A completely new concept is the designated structure. Designated structures are those that are technologically complex or structurally unusual. The definition of designated structures is relatively broad. These include, for example, tunnels, railways and trolleybus tracks, dams, nuclear facilities, buildings with concert halls, stadiums, and the like. A reserved structure is also a structure in which prestressed structures are used as load-bearing elements. Such a structure may also include a structure that would otherwise be considered simple, but due to the use of prestressed structural elements, it becomes a designated structure, meaning it is subject to stricter requirements for permitting and construction. The design documentation for such a structure may only be prepared by a person who is authorized and registered in the list of authorized persons. This is in contrast to minor or simple structures, with the exception of residential buildings with more than three apartments or structures intended for public use, for which such requirements do not apply.
Other structures that are not minor, simple, or designated structures are subject to standard building permit procedures with the relevant requirements and processes.
Addressing Illegal Structures
The new Building Act also introduces changes regarding “illegal” structures. Once the new Building Act takes effect, it will no longer be possible to retroactively legalize structures built without a valid permit. The Act also establishes a transitional procedure regarding unauthorized structures completed prior to the new Building Act’s effective date, requiring that such structures be either retroactively permitted or demolished within a specified timeframe. Liability for illegal buildings will also extend to contractors, construction supervisors, and site managers.
Conclusion
The new Building Act thus introduces changes that will affect all participants in the process. The Act simplifies and speeds up procedures, introduces digitization, and integrates zoning and building permit proceedings into a single process. In addition, it revises the categorization of structures and introduces the concept of a “reserved structure.” However, the actual impacts of the new legislation will only become clear in practice.
