European Law is incorporated into local law through binding acts adopted by the Slovak Parliament, together with subordinate legislation which specify the rights and obligations stipulated in those acts. Although Slovak national law does not recognize construction law as a special separate legal sector, the Building Act is considered to be the main base of legal regulation for construction law in the Slovak Republic. The Building Act is further implemented via several governmental orders.[1]
The Building Act deals with the public relationships between private parties and local authorities. Contractual relationships between parties are regulated by the following Acts:
Another useful source in the field of carrying out building works is the Act on public procurement which governs the procurement of Public-Private Partnership (PPP) projects and other relevant issues. There are numerous secondary rules issued by the Government of the Slovak Republic and Ministry of Finance of the Slovak Republic concerning PPP projects in the construction industry.
[1] For the sake of completeness, note that Slovak zoning and planning legislation has been under review and a new legislation has been adopted in 2025. The new Spatial planning Act and the new Building Act should as of 1 April 2025 replace in their entirety the current Building Act adopted in 1976.
Last modified 13 Mar 2025
The basic step is to apply for the issuance of a zoning permit. 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. A person who wants to construct a building shall apply for a building permit. The Building Act lists constructions where the issuance of a building permit is not required and a regime of notification to the respective building office or a free regime will be applied. 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. Building permits are also required for changes to buildings, especially for horizontal and vertical extensions, and for building modifications.
The application for a building permit must be submitted together with the prescribed documentation by the developer to the relevant building office (being a municipality or district office) for approval. The developer must demonstrate that he is the owner of the land to be developed or that he has another right to the land. This can be evidenced by submission of an ownership certificate or a lease agreement. The developer must also submit the project documentation and decisions or statements of the respective bodies if applicable (for instance, a construction project likely to have a significant effect or impact on the environment due to its nature, size or location may need an environmental impact assessment before the building permit is granted or in the case of a cultural monument, a standpoint of an office of monuments is required).
Last modified 13 Mar 2025
In the Slovak Republic, the fundamental legislation is the Health and Safety Act by means of which the Council Directive of 12 June 1989 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work has been implemented. The general principle of the Health and Safety Act is to prevent damage to the health of workers at work. Furthermore, the employer must appoint a number of employees' safety representatives (the number of representatives depends upon the number of employees).
With regard to the safety of buildings, the Health and Safety Act stipulates a number of general requirements. In particular, it requires that the technical documentation for buildings shall include requirements for ensuring safety and protection of health at work during the preparation, construction, re-building and the building's future operation. Furthermore, the technical documentation has to contain an operating instruction for safe use and maintenance and conditions for executing controls and inspections.
Further matters on the health and safety of buildings are regulated in subordinate legislation (such as in governmental decrees No. 391/2006 Coll., 392/2006 Coll. and 396/2006 Coll., which govern the minimum safety requirements).
The obligations of the employer (contractor) in the field of health and safety shall terminate as of the handover of the work.
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Act No. 17/1992 Coll. on Environment as amended contains basic principles of protection of the environment in order to ensure and promote a sustainable development.
Act. No. 543/2002 Coll. on the Protection of Nature and Landscape as amended provides for the powers of the relevant statutory bodies and the basic obligations of individuals and legal persons to protect nature and the landscape.
Air legislation, such as the Act on Air Protection and the Act on Payments for Air Pollution regulate emissions of environmentally harmful gases, dark smoke and other airborne pollutants.
Water quality is protected by Act No. 364/2004 Coll. on Water as amended, which controls issues such as pollution, surface water, groundwater and discharge to sewers.
On 1 January 2016, a new Act on Waste, which amends and supplements previous legislation, became effective. This provides for the general regulation of waste management in Slovakia. Every business is legally obliged to ensure its waste is handled and disposed of safely in accordance with this legislation.
Act No. 329/2018 Coll. on Waste Deposit Fees as amended governs the payments of charges for the deposit of waste at landfills and tailings ponds.
Under Act No. 24/2006 Coll. on Environmental Impact Assessment, a construction project that is likely to have a significant effect or impact on the environment by virtue of factors such as its nature, size or location may require an environmental impact assessment before a zoning permit is granted.
Last modified 13 Mar 2025
Infrastructure and utilities are considered to be elements ancillary to building works and structures. As long as their construction does not significantly affect the environment, it is only necessary to submit a written notice of the creation of infrastructure and utility elements to the relevant building office. Prior to the construction of such matters and prior to the issuance of notification to the relevant building office, the developer must have in place the project documentation for the construction of the elements of infrastructure and utilities. The developer must also have the consents of the respective bodies (eg the consent of the relevant district office for environment protection).
The developer of the building enters into arrangements with the relevant utility supplier (electricity, water, gas and canalisation) in order to connect the infrastructure to the utility networks. For example, a developer that sells plots of land for the subsequent construction of houses may enter into a donation agreement with the respective municipality. As a result of this agreement, the developer will 'donate' the access road at the site to the municipality following completion of the road, thereby releasing himself from his related duty to operate, maintain and clean the respective road.
Last modified 13 Mar 2025
The contract for work being the contract typically used in this field is governed by the Civil Code and the Commercial Code. Unlike the Civil Code, the majority of the provisions of the Commercial Code regulating the contract for work can be adjusted by the parties according to their contractual freedom, as they are of a non-mandatory nature. In accordance with the Commercial Code, a contractor will execute development works at his own expense and at his own risk within the contractually agreed period of time. Mandatory requirements of the contract for work regulated by the Commercial Code include the obligation to stipulate the following information:
Last modified 13 Mar 2025
The provisions of the Commercial Code concerning contracts for work are mostly of a non-mandatory nature so parties are free to contract. On the basis of experience, construction companies have evolved their own standard form contracts that they tend to rely on.
International forms of contract prepared by FIDIC are becoming increasingly relevant in Slovakia, although they have not been adopted in statute. The ideas of FIDIC are being promoted by an interest association of legal entities called the Slovak Association of Consulting Engineers.
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The main parties involved in a construction project are:
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There is a difference between the legal regimes and regulations related to:
Provisions of Civil Code provide that the party liable for the damage can exclude its liability if it proves that it did not cause the damage.
Under the provisions of the Commercial Code, the party bearing the risk of damage is liable regardless its culpability. An event of force majeure is deemed to be a reason for exclusion of the liability.
The effect of the circumstances of force majeure will apply only during the period of existence of such circumstances.
An event of force majeure does not exclude the liability of the party if this party is in default.
The aggrieved party will not be entitled to compensation for damage if the non-performance of obligations by the liable party was caused by the conduct of the aggrieved party itself or due to a lack of co-operation to which the aggrieved party was obliged.
Last modified 13 Mar 2025
The Slovak Government encourages municipalities as well as the private sector to use public-private partnerships (PPPs) as a way of procuring public services. Government support for PPPs is particularly strong in relation to public infrastructure projects.
The Ministry of Finance of the Slovak Republic has initiated, and intends to further initiate, several studies for the application of the PPP procurement procedure under Slovak laws. One of the first and largest pilot projects relates to the D1 highway, which has been supported by the Slovak Government during its realisation phase. Recently, a PPP project for maintenance and operation of Intermodal Transport terminal in Žilina valued at €86.4 million was signed by the Railways of Slovak Republic.
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Contracts for work governed by the Civil Code can establish the price either determined as a fixed price (eg price on budget) or as a price determined by estimation. The fixed price can be expressed as a whole price or as a price of a specific unit of measurement. It cannot be increased without the consent of the client and any costs not included can only be invoiced upon a written approval of the client.
In accordance with the Commercial Code, it is at the discretion of the contractual parties whether to agree on a fixed price, or to stipulate another method for determining the price. However, if the parties agree amendments to the extent of the works, the price shall be adjusted accordingly. Furthermore, if the parties agree, after the conclusion of the contract, to amend the works without reflecting this change in the price, the client will be bound to pay a higher or lower price in relation to the amendment(s), whilst taking into account the difference in the extent of the necessary activities and the reasonable costs arising from the amendments to the work.
Last modified 13 Mar 2025
Contractors may obtain a special type of building insurance cover – building-and-assembly insurance. This type of insurance is suitable for investors, contractors and subcontractors as all of these parties can incur damage or cause damage to others during a construction project.
Building-and-assembly insurance deals with the specification of the building (such as location) and the potential risks arising from the construction process. It is currently a condition precedent for banks and other institutions providing money for construction projects.
Building-and-assembly insurance offers complex protection against the following risks:
The insurance covers damage that arises in relation to:
In addition, all contractors must obtain employer's liability insurance which covers loss, damage, injury or disease caused to an employee of the company.
Architects and engineers are obliged to take out liability insurance for the damage caused in relation to the execution of their activities.
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Guarantees from a building contractor's parent or ultimate holding company are not typically used in Slovakia.
The most common securities are:
Slovak law also recognizes bank guarantees, bills of exchange, securing transfer of right and the institute of suretyship.
Pledge rights can be over an:
as well as over an asset, right, other property value, flat or non-residential premises, which may be acquired by a pledgor in the future.
Pledge rights and mortgage (in case of real estate) are established upon a written agreement and are created in the moment of registration with the respective pledge right register (Land/Cadastral Register, Notary Central Register of Pledge Rights, Commercial Register, in case of securities the Register of Pledge Rights to Securities of the Central Depository of Securities).
However, the requirement for written form is not necessary for
The performance of a construction contract obligation may be secured by a temporary transfer of the debtor's right or third person's right to the creditor (“securing transfer of right”). This type of security relies on the fact that the ownership right to a particular asset is temporarily transferred to the creditor. The agreement for securing a transfer of right must be in writing and shall contain specific details of the secured obligation and specification of the right that is being transferred for the benefit of the creditor, rights and obligations of the participants of the agreement in relation to the transferred right during the term of the securing transfer of right, its appraisal in money, performance of the securing transfer of right and the lowest bid in case of a voluntary auction. In the case of a transfer of right of a person other than the debtor, the agreement securing the transfer of right has to contain the designation of the debtor as well.
Until the cessation of the securing transfer of right, the creditor shall neither be entitled to transfer the transferred right to another person, nor to encumber it in the interests of another person. Should the subject-matter of the agreement on securing transfer of right be a real estate, the cadastral administration shall mark this fact by making a note in the Cadastral Register.
Suretyship is established by a written declaration of the guarantor addressed to the creditor in which the guarantor takes over the obligation to settle the claim of the creditor in the event the debtor fails to comply with the obligation. Unless agreed otherwise, the guarantor is liable for the whole of the debt. The basic condition for suretyship is that the related declaration must be in writing, to be valid.
In the case of a bill of exchange, Slovak law provides for strict formal requirements (eg: written form) the lack of which causes invalidity.
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Methods of payment will vary according to the works. The four main types of payment are:
Under the contract, the client will be bound to pay the contractor the price within the agreed time period. Unless the contract or Slovak law provides otherwise, entitlement to payment arises following the execution of the work. However, this does not prohibit the parties agreeing on another payment time or method, for example, a payment made following the approval of the completed works.
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Generally, under the provisions of the Commercial Code, the contractor executes and completes the works within the agreed time period or if the period is not stipulated in the contract, within a reasonable time period with regard to the nature of the works. Unless the contract or the nature of the works provides otherwise, the contractor may complete the works prior to the agreed time. Completion of the works will result in the handing over of the object of the works to the client at the agreed place. The parties may agree a fixed date for completion of the works in the contract for work.
In compliance with the provisions of the Commercial Code, in the event of delay by the contractor, the client is entitled to withhold performance of its obligations (eg payment of the price). If completion of the works is delayed by the contractor, the client may withdraw from the contract. If the client does not use his right to withdraw from the contract, the contractor may complete the works and will therefore have fulfilled his obligation under the contract. However, the delay of the contractor in meeting his contractual obligation to complete the works shall not affect any right of the client for damages. The client may therefore claim for damages and also for a possible contractual penalty, if agreed in the contract, against the contractor even if he has not exercised the right to withdraw from the contract.
The delay also affects the transfer of the liability for damage.
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Variations to the specification for engineering or construction works will affect the price.
If the contract for work is under the Civil Code, it has to be differentiated between a fixed price and a price on estimation. An increase of the fixed price can be pursued only with the consent of the client, otherwise it is entitled to withdraw from the contract. In the case of a price on estimation, the contractor shall inform the client of any substantial excess of the price (by at least 10 percent to 20 percent of the original price) in writing. If it neglects to do so, it is not entitled to the increased payment. After notification of a new increased price, the client is entitled to withdraw from the contract. The withdrawal has no effect on the obligation to pay the price works already carried out according to the price previously determined.
The Commercial Code distinguishes between quantitative and qualitative changes to the works, with the following effect on the price of the works:
The changes to the specification for engineering or construction works will most commonly be reflected in the contract for work or construction contract. Therefore, it is advisable to conclude an addendum to the contract for work in writing with precise specification of the variations.
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During the course of the construction, a construction manager (employed by the contractor) shall check that the construction is carried out in line with the project documentation or any other technical requirements.
After the construction has been completed, the compliance of the building with the documentation referred to in the related zoning permit and the building permit is scrutinised and inspected by the building office in the part of the process known as the occupancy proceedings. Provided that the building is in line with the requirements of the Building Act, the building office will then issue an occupancy certificate which will allow the developer (being the end user) to occupy the building in accordance with its purpose. This procedure cannot be overridden or excluded by any contract.
In terms of the liability for defects the verification by the client is important. The compliance of the works or the building with the contract for work will generally be verified by the client himself, as he is bound to inspect the work (object) or to arrange for its inspection as soon as possible after it has been handed over to him.
Last modified 13 Mar 2025
The limitation period depends on whether the regime of the Commercial Code or that of the Civil Code will apply.
In compliance with the provisions of the Civil Code, the general limitation period is three years commencing on the day when the right could be exercised for the first time. In the case of liability for damage, the right to damages becomes statute-barred after two years from the aggrieved party becoming acquainted with the damage and knowing who is liable for it and, in any event, will lapse after 3 years (or in the case of the damage caused purposely, 10 years) from the event creating the right for damages. This time period will not apply to damage caused to health.
According to the Commercial Code the general limitation period is four years. The limitation period for the right to damages commences on the day the aggrieved party became or could have become aware of the damage, and who is liable for it. The right to damages shall become statute-barred not later than 10 years from the day when the breach of obligation causing damage occurred.
With regard to liability for defects; the court will not allow the client any remedy in respect of defects in the work or building, if the client does not notify the defects either without delay after the defects are detected, or without delay after the obligatory inspection is carried out, or without delay after the defects could have been detected exercising due care, and in any event not later than 2 years after the work is handed over to the client or, in the case of buildings, not later than 5 years.
Last modified 13 Mar 2025
There is a difference between the legal regulation by:
In most cases, a developer concludes a contract for work with a contractor and afterwards a sale contract with an end user. In this event, an end user can hold the developer liable on the basis of the sale agreement and the developer is entitled to claim reimbursement from the contractor.
Contractual parties cannot agree upon a waiver of the right to damages in the contract. Since a contractual party cannot waive its right prior to the breach of a contractual obligation from which a right to damages arises, such a clause in the contract would be invalid. Although the parties may attempt to limit the liability for damage, it is not clear whether an agreement to limit liability would be enforceable before Slovak courts as currently the relevant case law is ambiguous.
The limitation of the liability of the developer (contractor) is connected to the fact that liability accords with the principles of objective liability embodied in the Commercial Code, but with the possibility of exclusion of liability due to force majeure.
The Commercial Code stipulates a limitation that an aggrieved party will not be entitled to compensation for damage if the non-performance of obligations by the liable party was caused by the conduct of the aggrieved party itself or due to the lack of co-operation to which the aggrieved party was obliged.
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In a typical development project, there is no contractual relationship between the parties employed in connection with the design and construction of the development (the architect, engineers, other consultants, main building contractor and subcontractors) and the end users of the completed building. Therefore, such damage is not directly recoverable where there is no contract between parties.
However, if a developer concludes a contract (eg sale contract) with an end user, it is possible that the end user may claim damages under the warranty granted to end user by the developer and that the developer, having entered into the contractual relationships with other person(s) in order to construct a building, may subsequently claim reimbursement under his own warranty granted by persons employed in connection with the design and construction of the development (eg the contractor, the architect, engineers, other consultants, main building contractor and subcontractors).
Therefore, some end users' claims could potentially be covered by an existing warranty even if there is no direct contractual relationship between parties employed in connection with the design and construction of the development (the architect, engineers, other consultants, main building contractor and subcontractors) and the end users.
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The purchasers, tenants and banks are considered to be third parties therefore, they will not directly have any protection against the designer and contractors involved in the design and construction of the project, unless explicitly agreed in the agreement governing the legal relationship between the developer and these third parties.
Last modified 13 Mar 2025
In Slovakia there are no specialized courts which are concerned exclusively with construction disputes. Thus, any construction disputes are tried by 'general' district courts (or municipal courts in case of competent courts in Bratislava or Košice). The administration of justice is governed by a two-tier system which means that any disputes relating to the contract for construction works arising between a contractor and a client fall within the jurisdiction of district courts being first-instance courts.
In general, a party may appeal against the decision rendered by a district court. The second instance is then exercised by regional courts being appellate courts. An appeal against a decision rendered by a district court is the only ordinary legal remedy available. Although, the Civil Procedure Act provides for extraordinary legal remedies such as the reopening of a case and appellate review however, these can be filed only if specific statutory conditions are met.
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Arbitration as a form of alternative dispute resolution in Slovakia is governed by the Act on Arbitration Proceedings. The basic presumption is the conclusion of a written arbitration agreement or clause by the contractual parties, which shall stipulate:
In Slovakia, it is not common for parties to use arbitration as a form of dispute resolution in relation to construction agreements. However, generally, arbitration proceedings are considered to be a faster form of dispute resolution in comparison to court litigation. In addition, the arbitration courts are formed according to the various fields of practice and therefore the arbitration judges have a higher level of specialization in the particular issue.
Another advantage of arbitration relates to the arbitral awards. These can be directly enforced by the parties, ie in case of non-fulfilment of the obligation by the obliged party, the entitled party may seek the help of an executor without the need for any further procedure of recognition of the arbitral award. However, there are very limited remedies available as a result of arbitration – a party to such proceedings is only allowed to request the annulment of the decision before the ordinary court exclusively on the basis of the grounds laid down by the Arbitration Proceeding Act.
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Under Slovak law, alternative dispute resolution (ADR) procedures are not mandatory.
Arbitration as a form of alternative dispute resolution in Slovakia is governed by the Act on Arbitration Proceedings. The basic presumption is the conclusion of a written arbitration agreement or clause by the contractual parties.
Mediation as a form of alternative dispute resolution in Slovakia is governed by the Act on Mediation. By means of a written agreement on dispute settlement by mediation the parties will refer the settlement of their potential future disputes arising out of or in connection with a contract to mediation such an agreement may be superseded by declarations of the parties recorded in a minute signed by all the parties agreeing on referring disputes to mediation.
The agreement following completion of mediation, will be in writing and is binding on all persons involved in the mediation. If the agreement resulting from the mediation is in the form of a notarial deed or approved by the court as a conciliatory agreement, the entitled party may use it as title in execution proceeding.
Arbitration and mediation as the forms of ADR are not commonly used in relation to construction disputes in the Slovak Republic. In general, however, arbitration proceedings and mediation are considered to be faster forms of dispute resolution in comparison to court litigation.
Another advantage of arbitration relates to the arbitral awards. These can be directly enforced by the parties, eg in case of non-fulfilment of the obligation by the obliged party, the entitled party may seek the help of an executor without the need for any further procedure of recognition of the arbitral award.
Last modified 13 Mar 2025
What arrangements are usually made with the local authorities and utility suppliers in relation to infrastructure (new roads, sewers etc) to support a new development?
Infrastructure and utilities are considered to be elements ancillary to building works and structures. As long as their construction does not significantly affect the environment, it is only necessary to submit a written notice of the creation of infrastructure and utility elements to the relevant building office. Prior to the construction of such matters and prior to the issuance of notification to the relevant building office, the developer must have in place the project documentation for the construction of the elements of infrastructure and utilities. The developer must also have the consents of the respective bodies (eg the consent of the relevant district office for environment protection).
The developer of the building enters into arrangements with the relevant utility supplier (electricity, water, gas and canalisation) in order to connect the infrastructure to the utility networks. For example, a developer that sells plots of land for the subsequent construction of houses may enter into a donation agreement with the respective municipality. As a result of this agreement, the developer will 'donate' the access road at the site to the municipality following completion of the road, thereby releasing himself from his related duty to operate, maintain and clean the respective road.
Last modified 13 Mar 2025