On April 27, 2022, the National Council of the Slovak Republic approved a new Act No. 201/2022 Coll. – Construction Act. This law will enter into force on April 1, 2024. From this day on, the legislation related to the issue of mobile homes will change significantly.
The first fundamental difference can be seen in the very definition of the building. Currently valid Construction Act No. 56/1976 Coll. in §43, Article 1, defines the building as follows: A building is a building structure built by construction work from building products, which is firmly connected to the ground or whose installation requires the preparation of the base.
A solid connection to the ground means:
-
- connection with a solid foundation,
- fixing with machine parts or welding to a solid foundation in the ground or to another structure,
- anchoring with piles or ropes with an anchor in the ground or on another structure,
- connection to networks and technical equipment of the territory,
The new Construction Act No. 201/2022 Coll. (hereinafter referred to as the "Act") in §2, Article 1 defines construction as follows:
A building is a construction work made by construction works, with a defined purpose function, which is located on a plot of land, a permanent structure or another building that is capable of independent use, regardless of the method of installation or fastening and the type of material used.
The new Act also immediately states in §1, article 2, point a) that "The Act also applies to: a product imported to the place of installation already assembled or completed at the place of installation from imported parts, if it is to fulfill the purpose of the construction (hereinafter referred to as "assembled product")"
At first glance, there is a fundamental difference between the current definition of construction and the definition of construction after 1 April 2024. Today, the generally used argument that a mobile home is not a building because it is not firmly connected to the ground will completely lose its relevance.
The building will be understood as any building work made by construction works, with a defined purpose function, regardless of the method of installation or fastening and the type of material used.
In practice, this will mean that controversies with construction authorities about whether a mobile home, an imported container or a container house is a construction or not will end definitively. All mobile and container homes, whether with or without a chassis, whether built on site or imported, fulfilling the function of a building, will be considered as buildings by the building authorities.
What will happen to existing mobile or container homes that were or will be built until 31.3.2024?
There are a large number of mobile or container houses that exist on the basis of the claim that they are not buildings because they are not firmly connected to the ground or to connections. Building authorities often did not address the situation due to the different interpretations of the current law and the potential disputes with mobile home owners ending in a claim against a claim.
The new Act gives building authorities clear rules for defining a mobile or container house as a building, as well as clear tools for dealing with the situation.
When the building authority defines a mobile or container house as a building according to the new Act, i.e. in most cases as a building built without a building permit, it has the right, in accordance with §63, to demand from the owners settlement of buildings built without a building permit in the form of a certificate.
The process of certifying an existing building has many elements of construction and approval procedures, in addition to proof of ownership rights and documentation of the factual situation, it is also required to provide proof of the opinions of the authorities concerned, which will very often be problematic, because most mobile and container homes have been installed mainly due to the impossibility of obtaining building permit. If the owner does not obtain such a certificate, the building authority will be able to order the removal of the building without any problems and with the support of the Act. Even if the owner hides and does not communicate and does not request a building certificate, the building authority can still order the building to be removed.
We select important provisions from §63:
(1) At the request of the owner of the building, the building authority shall certify the suitability of the building for operation, if it is a building built without a building permit or without notification, or a building used without an approval decision pursuant to Act no. 50/1976 Coll. on Spatial Planning and Building Regulations (Building Act), as amended from January 1, 1990 to March 31, 2024, and the owner of the building proves that
- a) the building, in terms of its technical construction condition and equipment, meets the basic requirements for buildings and the purpose for which the owner uses it continuously without any deficiencies, and the building authority finds in the proceedings that the building does not endanger life,
- b) is the owner of the land or has another right to the land and the land has been arranged according to special regulations,
- e) documentation of the actual state of the existing building is prepared for the building for the purpose of approval of the unauthorized building, if the building authority requests the development of such documentation.
(3) The owner of the building is obliged to submit a request for examination of the suitability of the unauthorized building for operation. The application is accompanied by documentation confirming the facts according to paragraph 1, including the binding opinions of the concerned authorities.
(4) If the owner of the building proves that the building is suitable for operation according to paragraph 1, the building authority will issue a certificate of the building's suitability for operation. The certificate on the suitability of the building for operation has the effects of the approval certificate according to this law
(5) If the owner of the building does not prove that the conditions according to paragraph 1 have been met, the building authority will order the removal of the building. If the owner of the building does not prove that the building is being used without structural and operational deficiencies, the building authority will order immediate building modifications. If the owner of the building does not carry out the ordered urgent construction modifications and does not remove the defective condition, the building authority will order the removal of the building.
(7) If the owner of the building does not submit a request for examination of the suitability of the unauthorized building for operation even at the request of the building authority, the building authority will order the removal of the building.
So what options will remain for those interested in mobile living?
From the point of view of mobile homes, an important provision of the new Act is Annex No. 2 (List of small constructions), paragraph 1, point j), which says:
A small building will be considered: a tree house and a mobile home up to 25 m2 of built-up area in a built-up area; a residential vehicle with an assigned vehicle registration number is not considered a mobile home.
The new law therefore allows the installation of a mobile home as a small building, which, however, carries with it several fundamental limitations but also certain positives:
-
- the maximum built-up area of the mobile home will be 25 m2
- the mobile home must be located in a built-up area (in the urban area)
- for the installation of a Minor Building as it is currently, a notification of the Minor Building will be sufficient
- a residential vehicle with an assigned vehicle registration number will not be considered a mobile home and thus not even a small construction
It should be noted that it is very important to include the information that a residential vehicle with an assigned vehicle registration number is not considered a mobile home and therefore not even a small building. This means that such a vehicle does not fall under the construction law. This clear definition will support the segment of motorhomes, caravans and tiny houses with assigned license plates.
So what will be the future of mobile homes in Slovakia?
Building authorities will have clear rules in hand for permitting mobile and container homes, without discussing whether it is a fixed connection to the ground or to connections or not. Building authorities will also receive a powerful tool with the ability to order the removal of mobile and container homes that are not approved or do not pass the certification process
The inclusion of mobile homes in the category of Small constructions and the limitation to 25 m2 will cause a decrease in interest in the segment of large mobile homes transported on trucks, since each such mobile home is a construction project and will have to be approved.
Since motorhomes with assigned license plates will not be considered constructions, they are not covered by the Building Act and permit processes are not required, a significant increase in their use in the form of various motorhomes, caravans, tiny houses with license plates and also an increase in the number of various conversions of other vehicles can be expected. or supplies for short-term housing and travel.
An important aspect of motorhomes with an assigned number plate is their total weight, which as a rule must not exceed 3.5 tons. This fact will limit their equipment with standard heavy furniture and appliances, and their year-round use will also be limited due to the need for massive insulation, for which there is no space in these vehicles.
The inclusion of mobile homes in the category of Small buildings with a limit of 25 m2 of built-up area and a maximum height of 5 m will naturally lead investors to consider whether it would not make more sense to have a Small building built and thus eliminate the shortcomings of mobile homes due to the need for their transport. (low interior clearance, rectangular floor plan with a maximum width of 4 m, high transport and handling costs, etc.)
