News in the field of approval of urban planning documentation

The amendment to the Construction Act, which entered into force on 1 July 2023, is a response to the non - compliance with the resolutions of the regional or municipal councils in the process of procurement of urban planning documentation by local authorities.

The aim of the amendment is to provide councils with the power to approve proposals for the procurement of urban planning documentation and to be more involved in the process of its approval. 

What obligations does the amendment introduce for local authorities?

• the obligation to ensure that the draft of the urban plan complies with the resolution of the competent council of the regional or municipal council,
• the impossibility of introducing urban planning documentation to the approving authority that does not take into possible suggestions from the relevant council into account.
• to consider the needs of urban development and the environment when procuring new urban planning documentation, and
• the obligation to prepare a new urban planning documentation in some cases, i.e. whenever new municipalities are built, or new buildings built for public interest, or a substantial rebuilding, in order to  improve the environment, ensure ecological stability and sustainable development.

The above-mentioned changes in the Construction Act have also been reflected in other related laws. In the case of land owned by the municipality, the municipal council has the right to approve initiatives for the procurement of urban planning documentation and initiatives for its updating.

According to the legislation in force until now, although municipal councils had the right to submit proposals for general binding regulation, the above did not applied to the process of approving land-use plans. 

The amendment to the Construction Act was also reflected in the process of approval of the urban plans of Bratislava and Košice or their parts and the concept of development of individual areas of life in these cities.

The Capital City Act as well as the Košice City Act provides the city council with the authority to approve the city's urban plan, to approve initiatives for the procurement of urban planning documentation, initiatives for its update in the case of land owned by the city of Bratislava/Košice or one of its parts.