Nature Conservation 6/2012 — 15. 3. 2013 — Nature Conservation Legislation — Print article in pdf
Dostálová K. & Bejček P.: Amendments to the Building Code Related to Nature Conservation and Landsca
ve vztahu k ochraně přírody a krajin
On January 1, 2013, Act No. 350/2012 Gazette, the so-called great amendment to the Building Code shall enter into force.
It shall also change other regulations related to the Building Code, inter alia, Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later. The amendment aims at making territorial/land use planning procedures more simple and precise to avoid problems in interpretation and application of the Code in the future and to make building issues more effective. In nature conservation and landscape protection, the amendment newly defines a procedure on assessment of possible significant effects on the European Union’s Natura 2000 network. It extends a body of the buildings/structures, for which neither planning approval, nor decision on the location of the building/structure is needed. At the same time, in continuously built-up area of a municipality in the fourth zone of a Protected Landscape Area (PLA) as well in built-up area in towns and cities within a PLA, issuing the binding expert opinion pursuant Article 44 of Act No. 114/1992 Gazette is not anymore needed. The amendment shall significantly reduce the power for providing limitations and prohibitions, pursuant to Article 66, paragraph 1 of Act No. 114/1992 Gazette. The authors suggest that only future practice will show whether the amendment has been a step in the right direction.