Strategic planning/zoning in Slovakia is governed by a combination of acts, subordinate legislation and policy. The law and policy is contained in primary legislation (mainly in the Spatial Planning Act and Building Act – soon to be ineffective and replaced by the new Building Act as of 1 April 2025), secondary legislation and regional and local urban studies, and land-use/zoning plans.
Spatial planning legislation deals with the arrangement and functional use of land. It lays down principles of spatial planning and it proposes the development of land and landscape. In the land planning process, we distinguish between the following documentation:
Land planning materials are as follows:
The basic tool of land development and environmental care in the Slovak Republic, its regions and municipalities is the zoning documentation. This documentation addresses the spatial arrangement and functional use of the land, harmonizes the interests and activities affecting land development, the environment and ecological stability and establishes the directions of spatial arrangement and the functional use of land. Land-use/zoning documentation is elaborated on at national and regional level and for municipalities and parts of municipalities. It consists of:
On the basis of a zoning plan of a municipality and a zoning plan of a zone, zoning permits are rendered. We distinguish between the following zoning permits:
The new Act on Local Development Fee, as amended, introducing a new one-time local fee for development ("Fee") became effective as of 1 November 2016. The Fee applies to buildings, which were permitted by a building permit, buildings which were notified to the respective building office, buildings on which the decision to allow the alternation of the building was issued (only until 1 April 2025) or buildings which were additionally permitted after November 2016 (only until 1 April 2025). The Fee can be established by a generally binding regulation of the municipality in its territory, a separate part thereof or a separate cadastral area on a voluntary basis. The municipalities have the right to impose the Fee in the amount of €3 up to €35 per m2 of the above-ground building floor area. The Fee will be paid as one-time fee and will then become the income of the municipalities' budget. Furthermore, different rates of the Fee may be introduced by the municipality for residential buildings, buildings used for agricultural production, industrial buildings and buildings used for storage, etc.
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Yes, it does by:
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Yes, the design and appearance (eg the height) of new buildings are governed by the spatial planning legislation, in particular in zoning plans.
In addition, during the procedure for issuing a building permit, the building office reviews a project and the proposed building. It also checks whether conditions set in the zoning plans and zoning permits have been fulfilled, and whether an authorized person will carry out the building construction.
The method of construction is governed by building regulations.
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In general, a building can be used only for the purpose specified in the:
A building which has been changed can be used only after a new occupancy certificate has been granted. Also, changes in the designated use must be in accordance with the aims of relevant planning and zoning documentation.
From 1 April 2024, the change of the purpose of the building requires a decision on the building permit according to the verified building project or notification to the building authority according to the specific circumstances.
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The land planning development and designated use is regulated by spatial planning authorities. The relevant spatial planning authorities are municipalities and self-governing units. The central body for land-use planning is the Office for Spatial Planning and Construction of the Slovak Republic. Development within the Slovak Republic is regulated by the Office for Spatial Planning and Construction of the Slovak Republic and approved by the Government of the Slovak Republic.
Zoning documentation for the various regions, including micro-regions, is regulated by self-governing units. Municipalities regulate zoning documentation for municipalities and zones.
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This depends on the nature of the development and can only be determined on a case by case basis but may include various kinds of environmental licences and permits.
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The proposed structure must comply with the zoning plan of the relevant region. The process can be divided into three phases (until 1 April 2025):
Pursuant to the Building Act, a zoning permit is not required in a number of defined cases, such as small buildings, maintenance of buildings or telecommunication constructions.
The proceedings are commenced by an application, which should describe the proposals and include documentation specified in the Building Act. The application must also contain a list of persons and legal entities that are to be considered as participants and are known to the applicant (eg neighbours).
The relevant building office (being a municipality or district office) will consider whether a particular construction can be built in a particular area.
Please note that the zoning permit is granted for a limited period of time (usually two years).
The Building Act lists developments where the issuance of a building permit is not required and a regime of notification to the relevant building office or an unrestricted regime will apply. If the building permit regime applies, a developer must apply for a building permit as is the case with a refurbishment or alteration works or maintenance works to the building.
In certain instances, the zoning permit can be issued in one proceeding with the building permit. This applies to minor constructions and to structures in areas with a zoning plan.
In addition, a building office shall be provided with standpoints of various state bodies before rendering any decision (eg if a cultural monument is concerned, a standpoint of an office of monuments is required).
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Third parties may raise objections to the proposal in the proceeding, but not later than by the time that an oral hearing (the happening of which is at the discretion of the relevant building office) takes place, or in the time period stipulated by the building office.
The building office may stop the hearing if, for the area in question, zoning documentation has been produced which can be used as the basis for the assessment required for the issuance of a zoning permit. If the building office stops the hearing, it will determine the period lasting at least seven working days, during which participants (including third parties) may raise their objections and shall warn them that objections made after the lapse of the stated time period will not be taken into account.
The building office will assess and consider the objections to the building permit.
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The building office shall notify the bodies concerned on the commencement of the zoning or building permit procedure and shall order an oral hearing at which the bodies concerned may raise their objections. If any of the state administration bodies need a longer time for a proper assessment of the application, the building authority shall, at their request, extend the specified period before its expiration, as appropriate.
If building modifications or maintenance works are to be carried out on a building that is a cultural monument, the builder shall obtain the opinion of the monument care authority and submit it to the building office.
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The Building Act does not stipulate a time period for the decision to be made by the respective authority – it will depend on the particular matter.
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Yes, the participants may appeal against the decision of the building office within a 15-day period starting on the day of the decision notification. The parties may also raise a claim at the regional court in district of which the respective building office has its seat.
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This will depend on the nature and extent of the proposed development and will also depend on the negotiations with the local authorities. However, in certain instances, the zoning permit can be issued in one proceeding with the building permit. This applies to minor constructions and to structures in areas with a zoning plan.
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A zoning permission (a decision on the placement of the building) is valid for two years from the date it comes into force, unless the respective building authority decides on a longer period. In the case of line construction, it is valid for three years.
A building permit will become invalid if the related construction work is not commenced within two years from the granting of the permission, unless the relevant building office approves a later commencement of the works. However, upon application, the building permit period can be prolonged by the respective building office.
An occupancy permit includes the permission to carry on the designated use, and if required, the conditions of such use are prescribed in it. There is no time limit on the validity of the permission to carry on and/or to develop a designated use.
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As regards building permits the Building Act only regulates the termination of the validity of the permit, which is conditional upon the commencement of the construction work. The construction work, development works or maintenance works must commence within two years from the date of issue of the building permit, unless the relevant building office stipulates a longer period within which work must commence. Once such periods of time have elapsed without work being commenced, the building permit becomes invalid and a new licence must be obtained for completing the works.
The Building Act also regulates the limitation period where only the notification regime for construction and development works applies. In such cases, the works must be commenced within two years from the delivery of the notification by the building office that it has no objection to the intended works, unless the building office prescribes otherwise.
There is no duration for the validity of the permission to develop a designated use. The use permitted by an occupancy permit has no limit in time if the activity is developed in accordance with the details of the project submitted for the obtaining of the permit. If those details change or a designated use changes or is expected to be changed, it is necessary to obtain a new occupancy permit and where necessary, in relation to construction works, apply for the building permit.
As of 1 July 2016, a new Building Act introducing major amendments should become effective.
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Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
Yes, it does by:
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