Constructive boom still continues and there are many buildings under construction on every possible or even impossible place. Very often, building sites are built over where does not exist any driveway. It is necessary to build it first. Do you know how to proceed in this case?
Public driveway or not?
If you decide to build a driveway to your allotment, it is important to consider the whole situation and disposition to decide whether the driveway will be completely private or if it can be used by public as well. In case you want to exclude public from using the road, it is necessary to apply at relevant administrative authority.
Otherwise the owner would commit illegal proceeding, because all roads in the Czech Republic are automatically in public use. The roads built as private are indicated as tertiary roads. According to law, the purpose of these is to join single allotments and building for use of its owners.
The tertiary road owner is a legal entity or natural person
While the state or community is an owner of all other roads (highways, roads and village roads), the owner of tertiary roads is a legal entity or natural person. Tertiary roads are mostly various driveways to manufacturing areas, private allotments, lanes and forest roads, but also those built on private allotments.
The road can be established either by building or by common use. The road automatically becomes tertiary road and its use is automatically public. In case it is necessary to establish the road by building, territorial decision of building placement and building permit are a must.
This process is conducted by Police of the Czech Republic, territorial building authority and road administration authority.
It is necessary to apply for an exception
If the owner of the road wants to exclude public from using the driveway by any possible way (ban for trucks, time limitation or restriction with a gate… etc.), it is necessary to apply for this exception at territorial road administration authority.
The owner has to provide documentation of the reason why he applies for the exception and how his rights would be affected by public use of the driveway.
