Legal Q&A · Construction & Development

The authority returned our minor-building notification. Can we challenge this?

Law as at 29 August 2026

Short answer

Yes. Returning a notification is not a decision, so an ordinary appeal is unavailable. However, Act No. 25/2025 Z. z. allows the applicant to request a review of the administrative authority’s procedure. The request must reach the appellate authority within 10 working days of delivery of the returned notification and include the notification as originally submitted. If the procedure was incorrect, the notification is returned to the authority with instructions to process it.

Notification was meant to be the quick route: no proceedings, no decision, just an endorsement verifying the design. Instead, an envelope arrives returning your submission. Because a return is not a decision, it contains no instructions on remedies, and many people assume nothing can be done. Yet the new Building Act No. 25/2025 Z. z. provides a means of challenge.

Why the authority returns a notification

The law provides two grounds. First, the notification lacks required particulars and the applicant fails to supply them within the deadline specified in a request; the authority then returns the submission under § 63(4) of Act No. 25/2025 Z. z. Second, the binding opinions of the consulted authorities are not favourable. The authority verifies the design and issues an endorsement within 30 days of receiving the notification only if those opinions are favourable; otherwise, it returns the notification with reasons (§ 63(6)). There is also a converse to that deadline: if the authority neither verifies nor returns the design for a notified minor building or alteration in time, the endorsement is deemed issued.

Requesting a review of the return

The applicant may submit a request to review the administrative authority’s procedure against the return of a notification; the request is submitted to the appellate authority within 10 working days of delivery of the returned notification.

— § 63(8) of Act No. 25/2025 Z. z. (unofficial translation)

The applicant must attach the notification in the form originally submitted and, under Methodological Guideline No. 6/2026 issued by the Slovak Office for Spatial Planning and Construction in May 2026, proof of when the returned submission was delivered, so timeliness can be checked. The superior authority then reviews the procedure within 30 days. If it finds an incorrect procedure, it returns the notification to the building authority with instructions to process it; otherwise, it rejects the request and returns the submission and attachments to the applicant.

Do not confuse this with a notice requiring a building-intent decision

A different situation arises where the authority does not return the submission but informs you that construction requires a decision on the building intent, for example because third-party rights may be affected (§ 63(5)). Such a notice is not a returned notification and cannot be challenged by this review request; the methodological guideline expressly confirms this. However, the authority must explain specifically and in a reviewable way whose rights it considers affected and why. The next step is an application for a building-intent decision, or challenging the reasons for the notice if its explanation does not stand up.

How to reduce the risk of another return

The Act and Decree No. 60/2025 Z. z. specify the submission requirements: the form, a notification-stage design from a designer or other authorised person, favourable binding opinions from consulted authorities, attachments such as a power of attorney or the landowner’s consent, and proof of payment of the administrative fee. Opinions are the most frequent reason for a return; obtain and check them before filing, not after a request. Once the design is verified, do not delay construction either: notified works may be started within three years of verification.

How we can help

We prepare the review request and obtain missing opinions through construction project coordination. For companies dealing with notifications and permits repeatedly, we maintain procedures through legal services for construction companies, while a construction contract covers the contractual side of building work.

The review deadline is short and counted in working days. If the authority has returned your notification, contact us with the documents as soon as possible.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Do we have to arrange supervision by the designer during construction? And what about the architect’s author’s supervision? Yes. The Building Act obliges the builder to arrange design supervision by the designer while the building is being constructed, and continuous supervision in the case of reserved buildings. Alongside it, the author of the architectural work has its own entitlement to carry out author’s supervision, even where the building design is prepared by another designer. The Act does not, however, say to what extent and for what fee the supervision is carried out; that must be set out in the contract with the designer and with the architect.
  2. The architect has delivered a study that does not match our brief. Do we have to pay for it? It depends on whether there is a defect within the meaning of the Act. A study is defective if it does not match the result specified in the contract, for example the capacity, the intended use or the number of variants in the brief. In that case you have remedies for defects and the defects must be notified without undue delay. If the architect kept to the brief and you simply dislike the solution, that is no defect and as a rule you must pay the price.
  3. Who is to arrange the surveying, the ground surveys and the network statements for the design: we, or the designer? Unless the contract provides otherwise, they are arranged by the builder. The Building Act requires it to arrange the surveying data, engineering-geological and other surveys, statements of the consulted legal persons and cooperation with the designer. The designer is, however, responsible for determining the scope of the surveys and measurements that the design requires. The contract with the designer should therefore say expressly who procures what, who pays for it and how this affects the deadlines.
  4. Our designer is in delay with the documentation. Can we withdraw from the contract and have the design finished by someone else? Yes, but the procedure depends on whether the delay amounts to a material breach of contract. On a material breach you may withdraw without undue delay; otherwise only after an additional reasonable period has expired in vain. Where documentation is delivered in stages, withdrawal as a rule concerns only the stage in delay. Before withdrawing, check whether you will retain the licence to the parts already delivered, because withdrawal extinguishes the rights and obligations under the contract.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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