AMENDMENT TO CONSTRUCTION ACT

(Act No. 103/2003 Coll., amending and supplementing the Act No. 50/1976 Coll. on Territorial Planning and Building Order (the Construction Act) as amended, and amending and supplementing certain other acts)

The Act No. 416/2001 Coll. on Transfer of Certain Competence from State Administration Authorities to Municipalities and Upper Regional Units, as amended (Sec. 2 letter e) and Article IX) stipulated that competence of a construction office, with the exception of expropriation proceedings, passed from district offices to municipalities with effectiveness as of 1 January 2003. The expropriation proceedings were excluded from the activities of construction offices.

This amendment to the Construction Act transfers the expropriation proceedings to municipalities, therefore, all competence of construction offices, including the expropriation proceedings, is executed by municipalities as construction offices as of 1 January 2003, and all competence of construction office (including expropriation proceedings) is considered as performance of state administration.

Provisions of Section 117 of the Construction Act is supplemented by a new paragraph 2 assuring that all participants in construction proceeding, mainly investors, designers, builders, state administration and self-government authorities, as well as citizens, have the possibility to obtain current information on localisation of seats of the joint municipality offices which assure the activities of building offices in the territory of the Slovak Republic via the Official Journal of the Ministry of Construction and Regional Development of the Slovak Republic (the ``Ministry''). The Ministry will update the information through the regional offices.

In connection with the provision of Sec. 5(3) letter c) of the Act No. 222/1996 Coll. on Organisation of Local State Administration, and amending and supplementing certain other acts, this amendment determines regional offices as appellate authorities in matters decided within the administrative proceedings in the first instance by municipalities acting as construction offices. That means, the state administration of the second instance in the area of territorial planning, building order, sanctions and expropriation is executed by regional offices as of the effectiveness of this amendment.

Temporary provisions stipulate that proceedings under the Construction Act commenced before 1 April 2003 shall be finalised by municipality as a construction office competent from the material and territorial point of view. The reason is that the district offices will cancel this part of their activities and the respective employees shall be released.

An employee in a public service performing activities of a construction office must have a special qualification. Such qualification acquired by the employee according to separate regulations (Governmental Decree No. 163/1992 Coll. and No. 157/1997 Coll.) before 1 April 2003, shall be considered as a special qualification under the Construction Act.

In connection with modifications of Sec. 108 to 116 of the Construction Act concerning inclusion of expropriation proceedings within the competence of construction offices, the respective changes had to be made to the Act No. 416/2001 Coll. on Transfer of Certain Competence from State Administration Authorities to Municipalities and Upper Regional Units as amended, and to the Act No. 222/1996 Coll. on Organisation of Local State Administration, and amending and supplementing certain other acts, as amended.

This Act came into force on 1 April 2003.

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