The heritage authority objects to our proposed alterations. How can we challenge this?

The regional heritage authority objects to adding a storey to a house in a heritage zone, or makes alterations subject to roof and façade requirements that render the project unviable. The remedy under Act No. 49/2002 Z. z. on the Protection of Heritage Assets (the Heritage Act) depends on whether the authority has issued a decision or a binding opinion in the building approval procedure. Each requires a different approach, and both involve a short deadline.

Appealing a decision on the proposal

Before restoration of a cultural monument, and before new construction or alterations to a property within a heritage area, the regional heritage authority issues a decision on the proposal (Section 32(2) and (5)). It states whether the proposal is permissible and sets conditions, particularly principles governing the arrangement of building volumes, heights and the architectural design of the exterior (Section 32(7)). These proceedings are governed by the Administrative Procedure Act, Act No. 71/1967 Zb. (Section 44(4) of the Heritage Act). You must lodge an appeal with the regional heritage authority within 15 days of notification of the decision (Section 54(2) of the Administrative Procedure Act). The appeal is decided by the Monuments Board of the Slovak Republic (Section 10(2), letter (g) of the Heritage Act), which reviews the decision in its entirety (Section 59(1) of the Administrative Procedure Act).

It is worth focusing the appeal on the reasons given for the decision. The authority must identify the facts on which it relied and explain how it exercised its administrative discretion (Section 47(3) of the Administrative Procedure Act). The conditions should be grounded in the area’s heritage values, as described in the principles for protecting the heritage area (Section 29(2) and (3) of the Heritage Act). An appeal lodged in time generally has suspensive effect (Section 55(1) of the Administrative Procedure Act). This does not apply to a decision ordering work to stop: an appeal against that decision has no suspensive effect (Section 32(13) of the Heritage Act).

Objecting to a binding opinion on a building proposal

In proceedings on a building proposal and in other actions taken by the building authority, the regional heritage authority has the status of a consulted authority (Section 32(12) of the Heritage Act) and issues a binding opinion. The Administrative Procedure Act does not apply to that opinion (Section 44(5)), so it cannot be appealed. The Building Act (Act No. 25/2025 Z. z.) provides the developer with a specific remedy:

The following quotation is reproduced in its original language:

Obsah záväzného stanoviska dotknutého orgánu môže namietať stavebník u vecne príslušného nadriadeného orgánu dotknutého orgánu do 15 dní odo dňa doručenia záväzného stanoviska.

§ 21 ods. 13 zákona č. 25/2025 Z. z.

The superior authority of the regional heritage authority is the Monuments Board of the Slovak Republic, which reviews regional authorities’ binding opinions (Section 10(2), letter (f) of the Heritage Act). You may also ask it to review a binding opinion issued outside building proceedings, for example concerning alterations within a protection zone (Section 32(11)). A consulted authority may impose requirements only within its remit, must identify the legislative provision under which it acts, and must give reasons for its requirements sufficient to enable review (Section 21(6) of Act No. 25/2025 Z. z.). The objection should identify which requirement fails to meet these criteria. Other parties, such as neighbours, may challenge the content of the opinion only by appealing the decision on the building proposal (Section 21(15)). The consultation procedure with the consulted authorities is discussed in the article binding opinions on a building proposal.

If the building authority rejects the application

If the building conflicts with interests protected by specific legislation, the building authority will reject the application for approval of the building proposal (Section 59(1), letter (c) of Act No. 25/2025 Z. z.). You may appeal that decision to the regional office for spatial planning and construction (Section 14(1), letter (a)). If the heritage authority’s opinion conflicts with that of another consulted authority, the building authority resolves the conflict in the proceedings (Section 54). Once the appeal has been exhausted, an administrative court action may be available and must be brought within 2 months of notification of the decision (Section 181(1) of Act No. 162/2015 Z. z.). The administrative court will not review a decision if you have not exhausted the ordinary remedies against it (Section 7, letter (a)). If the building proceedings began on or before 31 March 2025, the old Building Act applies (Section 84(4) of Act No. 25/2025 Z. z.).

The owner must consult the regional heritage authority on design documentation for alterations within a heritage area while that documentation is being prepared (Section 32(9) of the Heritage Act). If the authority’s objections can be resolved by changing the roof or façade design, it is advisable to discuss those changes while also pursuing the remedy.

How we can help

We will assess the decision or binding opinion, prepare an appeal or objection within the deadline, and represent you in proceedings on the building proposal as part of our permitting coordination and legal support. The question a house in a heritage zone explains which alterations to a house must be discussed with the heritage authority in advance.