The National Council of the Slovak Republic has approved a new Building Act (Act No. 25/2025 Coll. Building Act), effective as of 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 the main objective of simplifying the entire construction process from the design of the building project to the final approval. This article describes the specific changes it will bring and how they will affect participants in the construction process.
New Building Act from April 1, 2025
The National Council of the Slovak Republic has approved a new Building Act (Act No. 25/2025 Coll. Building Act), effective from 1 April 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 the main objective of simplifying the entire construction process from the design of the building project to the final approval. This article describes the specific changes it will bring and how they will affect participants in construction proceedings.
The new Building Act is conceptually structured in accordance with current requirements for the internal structure 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 field of technical terminology, historically proven and generally accepted terminology is adopted, along with new terminology from international technical documents, legally binding acts of the European Union, and the International Statistical Classification of Buildings.
Most significant changes:
Proceedings on building plans and deemed consent to the issuance of a binding opinion
Probably the most significant change is the abolition of the two-stage territorial and building proceedings and the introduction of a single integrated procedure, which will be the building project proceedings. By merging these proceedings into a single entity, the legislator aims to prevent unnecessary delays in the proceedings.
Even before the proceedings begin, a so-called "preparatory phase" is necessary. This includes making the project documentation available, requesting a binding opinion, issuing a binding opinion to the relevant authorities, and preparing a report on the discussion of the building plan, which will be the result of the discussion of the building plan. The report on the discussion of the building plan, together with the building plan, then forms the basis for the proceedings on the building plan. This is also related to the introduction of the fiction of the issuance of a binding opinion. If no binding opinion is issued by the competent authority within the statutory period, it is assumed that the authority has no comments on the request for a binding opinion and that it agrees with the issuance of a binding opinion. The statutory deadline for issuing a binding opinion is 30 days and 60 days for complex structures.
In the case of a construction project consisting of several structures or a group of structures, the competent building authority that decides on the construction project of the main structure shall be responsible for the proceedings. A 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 by electronic means, not only during the building plan discussion phase, but also during the building plan proceedings.
Building authorities and participants in 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 participants in the proceedings. The first-instance building authority remains the municipality, while the appeal authority for decisions of the building authority will be the regional office for spatial planning and construction. The other central state administration bodies in the field of construction and building supervision will be the Office for Spatial Planning and Construction of the Slovak Republic.
Changes will also occur in the area of state building supervision. This will no longer be the responsibility of the Slovak State Inspection Authority. The Slovak State Inspection Authority will be abolished and its powers will be taken over by the building 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 Inspection Authority 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 the 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 circle of parties to the proceedings. Under the new Building Act, not everyone who claims that their rights will be directly affected by a decision will be able to participate in the proceedings, as was the case under the previous legislation. The term "large number" of participants in proceedings is also precisely defined, and if the number of participants exceeds 20, the notice of the commencement of proceedings must be published by public announcement to ensure wider public awareness.
Changes in the categorization of buildings
The definition of the term "building" has not changed, but the new Building Act amends the wording of some provisions on the categorization of buildings and also extends it to include other terms, such as "reserved building." Small buildingsare buildings that cannot significantly affect their surroundings, with a maximum built-up area of 50 m² and a height of up to 5 meters. The building permit procedure for these buildings will be simplified and accelerated. Examples of minor buildings include summer kitchens, sheds, garages, shelters, or buildings for keeping small animals. These structures do not always have to be reported if certain conditions are met, such as if the structure is located outside a public space or is not located in a historic area. At the same time, the catalog of small structures is being expanded to include information structures with an information area of up to 20 m², which are used for 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 law defines simple structures as structures or building structures that do not have a significant impact on their surroundings, such as family houses or apartment buildings with a maximum of three apartments. It extends the list of simple structures to include, for example, transformer stations or single-story structures with a built-up area not exceeding 300 m2 and a height of 15 m, provided that they are intended for use by a maximum of 30 people, and others.
A completely new concept is designated building. Designated buildings are buildings that are technologically demanding or unusual in design. The calculation of designated buildings is relatively broad. These include, for example, tunnels, railways and trolleybus tracks, dams, nuclear facilities, buildings with concert halls, stadiums, and the like. A building in which prestressed structures are used as load-bearing elements is also a reserved building. Such a structure may also be a structure that would otherwise be considered simple, but due to the use of prestressed structural elements, it becomes a designated structure, which means that it is subject to stricter requirements for approval and implementation. The project documentation for such a structure may only be prepared by a person authorized and registered in the list of authorized persons. Unlike small or simple structures, except for 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 reserved structures are subject to standard building procedures with the relevant requirements and procedures.
Dealing with illegal structures
The new Building Act also brings changes in the area of "black" structures. After the new Building Act comes into force, it will no longer be possible to retroactively legalize buildings that were constructed without a valid permit. The Act also establishes an additional procedure for unauthorized buildings constructed before the new Building Act comes into force, so that such buildings are either retroactively approved or removed within a certain period of time. Responsibility for illegal buildings will also be extended to contractors, building supervisors, and construction managers.
Conclusion
The new building law thus introduces changes that will affect all participants in the process. The Act simplifies and speeds up procedures, introduces electronic filing, and integrates land-use and building permit procedures into a single entity. In addition, it revises the categorization of buildings and introduces reserved buildings. However, the actual impact of the new legislation will only become apparent in practice.
