This article explains in detail the obligations of builders and site managers when protected finds are unexpectedly discovered, under the new Slovak Building Act. It defines three categories of protected items: items of heritage value, archaeological finds (including military material pre-dating 1946) and specially protected parts of nature (habitats, trees, fossils). The text provides a clear list of the five basic obligations on the construction site, examines the process by which the building inspectorate issues a decision to stop the works, and highlights the fines of up to €3,000 for the site manager.
Building a family house or a commercial property is a major step in life. Sometimes, however, an unexpected discovery intrudes on your plans – an item of heritage value, an archaeological find, or a specially protected part of nature. Although this may feel like an unwelcome delay, the new Slovak Building Act clearly defines how to proceed in such a situation so that you avoid penalties.
Within the construction process, the law protects three categories of finds that may surface during excavation works. If you come across any of the following, you are obliged to suspend the construction works immediately:
If, during excavation works, you come across something that has heritage value or is specially protected, the law imposes the following obligations on the builder (or, where the works are carried out by a contractor, on the site manager):
If the authorities decide to suspend or stop the works to protect the find, the building inspectorate issues the relevant decision. In doing so, it takes into account the opinion of the competent authority for the protection of the monuments fund, or of the Ministry of the Environment of the Slovak Republic. The good news is that the law also has you, the owners, in mind. If, as a result of this decision, you suffer a demonstrable pecuniary loss, you are entitled to adequate compensation for it.
The Act lays down strict penalties for non-compliance with the rules during construction works. The building inspectorate may impose a fine of €1,000 to €3,000 on the site manager if they:
If the situation catches you off guard, at the VLKOVÁ law firm we will assist you with legal representation in dealing with the authorities. Our goal is to have your construction works resumed as soon as possible and, if the works are forcibly stopped, to ensure you can properly assert your claim to compensation for the demonstrable pecuniary loss you have suffered as a result of the restriction.
Contact us.
