The local government and the investor

The agreement between the local government and the investor

will speed up the construction and civic amenities. The principles for construction are needed

THE DEVELOPMENT OF MUNICIPALITIES IS OFTEN AN AREA THAT CAUSES SEVERAL CONFLICTS BETWEEN MUNICIPALITY AND THE INVESTOR, AS WELL AS BETWEEN MUNICIPALITY AND THE PUBLIC. MUNICIPALITIES OFTEN APPROACH COOPERATION WITH A DEVELOPER WHO COMES TO A TOWN OR A VILLAGE WITH A NEW CONSTRUCTION PLAN WITH SUSPICION. HOWEVER, THEIR MUTUAL RELATIONSHIP CAN BE PREPARED IN ADVANCE THROUGH THE PRINCIPLES FOR CONSTRUCTION SO THAT QUALITY PLACES FOR LIFE ARE CREATED IN THE VILLAGE AND AT THE SAME TIME THE NEWCOMERS AND EXISTING RESIDENTS COULD PROFIT FROM IT.

The document, in which the municipality places conditions for the possible construction of developers and at the same time undertakes to meet the deadlines, is currently being prepared, for example, by the city of Jihlava, which can thus become the fi rst statutory city using the principles. „During the preparation, we tried to depoliticize them and consult them with all experts to serve transparency and bring clarity to each other independently of politics. Only in this way it is possible to secure a clear and long-lasting agreement, „said Vít Zeman, Deputy Mayor of Jihlava. At the same time, they are also working on the principles for construction in Prague and Brno.

At the same time, municipalities have been gaining experience with a transparent and timely agreement with investors for a long time. More often there is the conclusion of so-called development contracts, which are voluntary, and where both parties can clarify in advance some controversial points of construction. The construction principles take this agreement to a higher level and help restore trust in the developer-municipality relationship but will also facilitate the presentation of a specifi c plan to the public. It will clarify where and what construction can take place and ensure that the developer takes partial responsibility for suffi cient civic amenities for new projects.

For several years now, for example, Prague 7 has been contracting with investors. ”We have been concluding agreements with those who build in Prague 7 on fi nancial participation in the development of the city district. The amount of CZK 500 per m2 of newly built fl ats and other areas is transparently secured by a contract published in the register of contracts and is used

Jihlava deputy mayor Vít Zeman

primarily to secure new places in schools and kindergartens, improve public spaces and areas for recreation, „describes the deputy mayor of Prague 7 and urban planner Lenka Burger.

According to her, this is precisely a document in which both parties - i.e., the municipality and investors - undertake not to deteriorate the services provided by the city district for the existing inhabitants due to the new construction. „Investors generally have no problem with such transparent support for the quality of the area where they build,“ she adds.

According to the architect Stašek Žerava, the current situation can no longer be solved by the rules or tools of current spatial planning. „In the development of cities, it is not just about the speed of the permit, but above all about the quality of the built environment, about the setting of generally valid quality parameters. The existing spatial planning tools are insuffi cient. Spatial plans try to merge the incompatible - the concept and the basis for decision-making. As a result, their detail and opacity are pointlessly overexposed for the fi rst purpose, and desperately insuffi cient for the second, „he commented.

According to the architect, the principles after construction are a suitable way to ensure the development of the village and suffi cient civic amenities for new and existing residents. „In the current setting of the budget determination of taxes, it is not in the power of cities to prepare conditions for construction, defi ne new buildable areas in their cadastre, build transport, technical and civic infrastructure from the city budget and provide it free of charge to incoming private developers. The rules for cooperation with developers thus refl ect the laws of linking land use with economic aspects, which have not yet been refl ected in our post-socialist spatial planning, „he pointed out.

The use of construction principles will make it easier for local governments to prepare projects, which can currently take several years. „Upon entering the territory, it will be clear to potential investors what is realistic to negotiate in the municipality and what they will commit to in return. The municipality is also committed to meeting the agreed deadlines,” explained lawyer Jiří Nezhyba from the Frank Bold Advokáti offi ce, which is currently working on the principles for Jihlava.

The situation is also related to the preparation of a draft of a new building law, which is currently being worked on by the Ministry of Regional Development. It should also contain a more detailed adjustment of planning contracts. „We perceive planning contracts as very necessary for the further development of not only larger cities, where the pressure for changes in the territory is much greater. These principles can be the fi rst step in this eff ort, i.e., to speed up and make permitting processes more transparent, „said Roman Vodný, Director of the Spatial Planning Department of the Ministry of Regional Development.