Construction Legislation – Current and Future in the Legal System of the Slovak Republic

Abstract

The importance of addressing the effective functioning of competence execution in the construction sector primarily lies in its impact on the efficiency and quality of these competences. Currently, in Slovakia (SR), municipalities exercise the competences of spatial planning and building regulations within their transferred competence from the state. Through the government’s program statement for the years 2020–2024, the SR government committed to abolish municipal building authorities. With the new legislation that becomes effective on April 1, 2024, there will be a reverse transfer of construction competence from municipalities to state administration, to the newly created Office for Spatial Planning and Construction of the Slovak Republic and regional building authorities.The authors take a critical approach to the original construction legislation (de lege lata) as well as to the newly adopted laws on construction and spatial planning in terms of substantive and procedural provisions, noting the exclusion of the application of Administrative Code in spatial and building proceedings. Through our research on this issue, we suggest de lege ferenda two alternatives regarding the exercise of construction competences at the municipal and state levels and the preservation of dual jurisdiction in building proceedings according to the current administrative procedure.

Keywords

• municipalities
• construction sector
• competences
• construction legislation – de lege lata – current and de lege ferenda – future