Legal journal: Legislative Compass - March 2024

We try to focus on the latest legislative events and changes. In this edition of Legislatívneho kompasu, you'll learn:

1. What changes have occurred in the Spatial Planning Act.
2. What amendment to the Cadastral Act is forthcoming.
3. Until when the accommodation allowances for displaced persons will continue.

A NEW ERA OF URBAN PLANNING

From 1 April 2024, the new Spatial Planning Act enters into force, creating regional spatial planning and construction offices in each regional city and also launching a new portal for spatial planning.

The area of spatial planning has been neglected in Slovakia for a long time, which resulted in an inadequate length of permitting processes for buildings. Quality urban planning is the first step towards improving and accelerating construction processes.

The entire process of procurement of spatial planning documentation will now be conducted through e-forms in the Office's information system. This should lead to faster, clearer and more efficient processes, as well as facilitating communication between all actors involved in the spatial planning process. Quality spatial planning is also the first step towards improving and accelerating construction processes**.

The main pillar of the reform is digitalisation, which will be transformed into an information system for spatial planning and construction – myUrbium. Its first part, the portal for spatial planning, will be used from April for communication of spatial planning participants – natural and affected legal entities, spatial planning authorities (municipalities, cities and regions), concerned public administration bodies and the Office for Spatial Planning and Construction of the Slovak Republic. Participants will communicate with each other in an electronic environment through a set of e-forms that are created for various life situations, such as obtaining a spatial plan, obtaining a subsidy for spatial planning documentation, tests of professional competence for the acquisition of spatial planning documentation, deciding on a building closure or an extract from the binding part of the spatial planning documentation.

From the current district offices in the seat of the region, the departments of construction and housing policy, the competence currently exercised in the field of construction and expropriation is transferred to regional offices of spatial planning and construction established within the organizational structure of the Office for Spatial Planning and Construction of the Slovak Republic. Regional spatial planning and construction offices will be established in all regional cities as of 1 April 2024.

The twin of the Town and Country Planning Act – Construction Act – will only be effective from April 2025 due to technical and organisational unpreparedness for its application.

DONATIONS FOR ACCOMMODATION OF DISPLACED PERSONS CONTINUE

The Government of the Slovak Republic has decided that accommodation allowances for displaced persons from Ukraine will not be abolished for the time being and will continue to be provided, namely until 30 June 2024. By extending the contribution paid, the Ministry of Interior of the Slovak Republic wants to create space for the preparation of necessary legislative changes, on the basis of which this assistance would be more targeted or intended only for vulnerable groups of persons. The ministry also pointed out that the blanket system of providing accommodation to displaced persons is demanding on public finances. Allowances are therefore planned to be provided from 1 July 2024 only for 120 days from the first provision of temporary shelter and further only for those displaced persons who are vulnerable persons.

The contribution is currently provided for the accommodation of the outgoing person in a residential property, in a non-residential building used for short-term accommodation and also for the accommodation of the outgoing person in an accommodation facility. In the first two cases, the amount of the allowance for one night of accommodation of the outgoing person is at the level of 5 euros, and in the last case it is 6 euros.

If you need advice in Ukrainian, please contact our lawyer Yuliiu.

AN AMENDMENT TO THE CADASTRAL ACT IS BEING PREPARED

The Office of Geodesy, Cartography and Cadastre of the Slovak Republic has published preliminary information on the draft law to amend the Cadastral Act. The most interesting change so far is the planned mandatory registration in connection with access to data on the electronic services portal of the Land Register. The Office justifies this intention by increasing criminality in relation to the misuse of personal data of persons entitled to rights to real estate registered in the Land Register, or for the purpose of ensuring the protection of personal data. In addition, the amendment plans:

• remedy legislative-technical deficiencies,
• adjust the types of land,
• modify the conditions for filing electronic submissions,
• clarify the legal regulation of deciding on the subject of registration in the cadastre,
• simplify the proposal for a deposit submitted in paper form,
• exclude a reduction in the administrative fee for filing a notice of proposal for deposit.

We could find out more information as early as July this year, when the amendment to the law is due to reach the MPK. We welcome this activity, as we have long pointed out that the Slovak Land Register is a rarity abroad, as such a number of personal data as is published for anyone in this register is, in our opinion, an excessive invasion of personal privacy.