Munich’s developer obligations as a legal transplant to the Czech institutional context

Abstract

Well-established developer-obligation models are embedded in many countries. Policy transfers might seem appropriate for adopting such schemes elsewhere. This study brings in-depth insight into the perceptions of key stakeholders on developer obligations from countries with and without such an instrument and demonstrates the barriers hindering policy transfer. We utilise the currently contemplated policy transfer of the Munich model of developer obligations (Germany) into the Czech institutional context as a case study. Our results show that an instrument successful in one institutional arrangement may be perceived as an unattainable dream elsewhere. Surprisingly, developers, instead of hindering the adoption of developer obligations, support them. They praise them for knowing all liabilities in advance, and for being partners for the public sector instead of enemies. On the other hand, differences in institutional context constitute barriers that might result in having an empty legal shell out of the transplant.