What is a building notification?
Notification of a small building (or certain other buildings) is a simplified way of legally starting construction without the need for a building permit. However, it is important to know that the mere notification to the building authority does not entitle the builder to start construction. Construction can only start once the building authority has issued a written notification that it has no objections to the construction on the basis of the notification.
When is notification sufficient?
Notification is sufficient for simpler construction activities such as some minor constructions, building modifications or some simple constructions. The scope of construction activities for which notification is sufficient is regulated by the Building Act:
Notification to the building authority is sufficient
- for a simple building, its extension and superstructure, if so determined by the building authority in the zoning decision,
- for minor buildings which perform a function complementary to the main building and which cannot significantly affect the environment;
- in the case of building modifications which do not substantially change the appearance of the building, do not interfere with the load-bearing structures of the building, do not change the method of use of the building and do not endanger the interests of society;
- for maintenance work that could affect the stability of the building, the fire safety of the building, its appearance or the environment, and for all maintenance work on a building that is a cultural monument,
- in the case of buildings of electronic communication networks (carriers of telecommunication equipment) placed on existing buildings, which do not exceed 6 m in height, 2.5 m in width and do not interfere with the load-bearing structures of the building,
- for ground-floor buildings of electronic communication networks, if their built-up area does not exceed 25 m2 and height 4.5 m,
- when replacing or supplementing telecommunications equipment on existing electronic communications network structures, where no change to the structure occurs,
- in the case of advertising structures on which the largest information area is less than 3 m2, unless otherwise provided for in this Act,
- for charging stations for electric vehicles up to 25 kW, including the electrical off-take for the charging station of its indoor installation.
What accompanies the notification?
In some cases, the building notification is accompanied by a location drawing and, in the case of simple buildings, by standard project documentation and documents with the requirements for a building permit. If building alterations or maintenance work are to be carried out on a building which is a cultural monument, the builder shall attach to the notification an opinion of the heritage protection authority.
Further details of the notification are regulated by § 5 of Decree No. 453/2000 Coll.
How does the building authority proceed after notification?
If the building authority has no objections to the notification of the construction, it issues a written notification and the builder can start the construction work. The notification of the building authority does not replace decisions, opinions, statements, consents or other measures of the authorities concerned required under special regulations.
If the building authority, on the basis of the documents submitted, finds that the proposed construction could affect the rights of third parties or it is necessary to determine the conditions for the construction, it shall determine that the notified construction may be carried out only on the basis of a building permit.
When does the construction need to be completed?
The builder may commence the notified construction within two years from the date of delivery of the notification to the builder, unless the building authority determines otherwise. The builder may commence a notified advertising structure, the largest information area of which is less than 3 m2, only within one year from the date of delivery of the building authority’s notification to the builder, unless the building authority has, in justified cases, set a longer period for commencement of the structure.
Beware of illegal construction
Builders of minor constructions, for which notification is sufficient, should be particularly careful and report everything properly, as minor constructions cannot be additionally permitted under Section 88a of the Building Act. The legislator probably considered that there is no public interest in retrospectively permitting illegal minor constructions and they should always be removed. In addition to the removal of an illegal small building, the builder may also be fined for an offence under section 105(1)(a) of the Building Act.
Here is a sample available on the City of Trenčín website.
