Kompetencie obcí na úseku stavebného poriadku v SR – nutnosť novej legislatívnej úpravy

Abstract

The Act No. 453/2001 Coll., amending the Act on municipal establishment, allows municipalities to conclude contracts for the purpose of carrying out a specific task or activity. Following the Act No. 416/2001 Coll. – so called small competence law, municipalities have to perform the delegated competencies from the state authorities to municipalities. In this paper we analyze the competence of municipalities at the level of the building order (building permissions, zoning plans, occupancy permit decisions). Financial support of the transferred competencies to municipalities is regulated by Act No. 523/2004 Coll. on Financial Rules of the Government, however, these resources are not sufficient, which leads the municipalities at the level of the building order to merge into the common municipal offices, not only for financial but also for personal reasons. The applied method of regression analysis shows that the total amount of the state subsidy is influenced by the number of inhabitants, both in NR and KE region. The correlation dependence in both cases is 1 (high correlation dependency).). However, common building offices are established without any control and no precise legislation , as it is in the case of registry offices, according to the Act No. 154/1994 Coll. on registers, as amended. In this paper we use methods of analysis of the operations of selected building offices in Nitra and Košice Regions. We refer to the possibility of creation of building offices based on the new amendment to Act No. 369/1990 Coll. on municipal establishment by creating a potential model of building offices, as it is the case with registry offices. List of territorial districts of municipal offices performing the building order competencies, included in the new legislation, could in our view, solve the uncoordinated establishment of common building offices.