In a recent decision (file No. 30 Cdo 5103/2015, February 28, 2017), the Czech Supreme Court held that building authorities must consider the potential objections of the owners of neighbouring real estate before issuing a building permit. The building authority must determine whether or not these objections are justified, i.e. whether the construction in question will lead to an emission under Art. 1013 Act No. 89/2012 Coll., as amended, the Civil Code. Further, the Court noted that in cases of this nature, the right in question is a civil right that has its basis in domestic law and the building authority must decide on the extent to which it applies. As such, Article 6(1) of the Convention on the Protection of Human Rights and Fundamental Freedoms applies to the owners of neighbouring real estate during the building permit approval process. Moreover, the length of that process must be assessed overall under laws on the liability for damage caused by the exercise of public decision-making powers or by an improper public administrative process.
