Review Of Authorised Inspector's Certificate In Accelerated Building Permit Procedures And Ensuing Risks

Accelerated Building Permit Procedures

Act No. 183/2006 Sb., on landscape planning and building regulations, in effect as of 1 January 2007 (the "Building Act"), has introduced the concept of an "authorised inspector". Builders typically use the services of an authorised inspector in the accelerated building permit procedures under Section 117 of the Building Act.

Accelerated building permit procedures can basically be used for any type of structure, including those that would otherwise require full building permits, other than structures that are directly excluded from building permit procedures by land planning documents, resolutions of land planning authorities, or a special regulation (for instance, all hydro-structures under the Water Act, other than water mains, sewers, and sewerage structures which are not subject to water handling permissions).

In order to use the accelerated building permit procedures for the aforementioned structures, the builder must enter into an agreement with an authorised inspector who reviews the project design documents and procures binding concurring opinions of the relevant authorities, as well as evaluations of the persons who would be parties to the standard building permit procedure.

By using the accelerated building permit procedure, the builder can carry out the construction after delivering a mere notification to the building office. The notification must be delivered together with the design documents required under the implementing regulation and a certificate issued by the authorised inspector. With this certificate, the authorised inspector confirms that he or she has reviewed the design documents and any materials attached from the perspectives described in Section 111 (1) and (2) of the Building Act (i.e., using the criteria normally applied by the building office to assess an application for a building permit), and also confirms that the proposed construction may be carried out. He or she also certifies the design documents by adding his or her name, the issue date of the certificate, his or her signature, and a stamp with the national emblem of the Czech Republic. Finally, he or she attaches a proposed construction inspection schedule, the binding evaluations of the relevant authorities, and the evaluations of the persons who would be parties to the standard building permit procedure (Section 109 of the Building Act).

Review of the authorised inspector's certificate

The advantage of the accelerated procedure lies particularly in its promptness. A disadvantage, however, is the necessity of obtaining the binding concurring opinions of the authorities and the evaluations of the persons who would be parties to...