Construction moratorium

Construction moratorium Abstract The diploma thesis deals with a comprehensive analysis of the institute of the territorial measure regarding a construction moratorium as a specific and controversial instrument of urban land-use planning by its nature. The main aim of the thesis is to answer the set research question, whether the regulation of the construction moratorium in the legal order of the Czech Republic is satisfactory and whether this instrument is used in practice in accordance with its purpose. The core of the thesis is a detailed analysis of the valid legal regulation, especially in the context of the recodification of construction law (the new Construction Act), and it confronts it with the previous regulation as well as with relevant case law. The text of the diploma thesis is systematically divided into five chapters. The first chapter defines basic concepts and places the construction moratorium into the broader framework of land-use planning, while accentuating the pivotal conflict between the public interest in the regulation of the territory and the private interest, primarily in the form of the constitutionally guaranteed property right. The second chapter analyses in detail the process of procuring and issuing a construction moratorium in the form of a measure of a general nature, its...