PART I: What is changing on the way to obtaining a building permit 
 

How the organisation of building authorities, permitting processes and the assessment of construction documentation will change in 2027 and 2028

When developers will be able to rely on deemed consent or a deemed building permit and what conditions they must meet

How the amendment changes the rules on planning agreements, residential construction and project changes before completion

 

The major amendment to the Building Act has been approved after the Senate’s objections were overridden, and the President has signed it. For developers, it introduces changes to the submission of supporting documents, new deemed approvals and wider use of planning agreements. What will be decisive when preparing a project?

When to expect the changes

Selected provisions will take effect on the first day of the month following promulgation of the amendment. The main effective date is 1 January 2027, when the Czech Spatial Development Authority will be established. The new regional system will take over ordinary building administration from 1 January 2028. Ongoing proceedings will generally be completed under the new legislation, subject to exceptions under the transitional provisions. For proceedings already commenced, the existing building requirements will suffice if they are more favourable to the developer.

Predictability will be improved by the rule that permit conditions are generally assessed as at the date the application is submitted, including in appeal or court proceedings. However, the developer may request an assessment as at the date of the decision.

Fewer separate opinions

A range of public interests are to be assessed directly by the building authority through qualified specialists. Separate supporting documents will remain necessary for matters such as EIA, cultural monuments and specified nature protection issues. This integration will take place at the central Authority in 2027 and in the regional system of building authorities in 2028. When preparing an application, it will therefore also be important to know which authority is issuing the project permit.

Deemed approvals take on greater importance

Deemed approvals based on failure to issue opinions have existed for many years. The amendment, however, tightens the time limits: the standard 30-day time limits for the authorities concerned may not be extended. Exceptions to deemed approval remain, particularly for EIA and selected nature protection matters. Supporting documents for the application must still be complete (and their incompleteness is already a frequent reason why deemed approval does not operate). The authority concerned must identify defects within 10 days; the time limit does not run while they are being remedied and then starts again.

A new deemed confirmation will also apply when a favourable binding opinion is reviewed during appeal proceedings, if the superior authority does not decide within 30 days of being asked to do so. Once a permit has become legally effective, the underlying opinion or statement can no longer be amended or cancelled in review proceedings.

Owners of public transport or technical infrastructure are to respond within 30 days of receiving a complete application; for energy infrastructure, a further 15 days may be added subject to statutory conditions. If they do not respond within this period, unconditional consent will be deemed to have been given. This does not, however, replace connection approval or reserve network capacity.

If networks are not shown on the digital technical map, they will be treated as though they do not exist. This provision will apply only to proceedings commenced after three years have elapsed from the amendment’s effective date.

Deemed building permits and their conditions

If the building authority remains inactive, the building permit itself will be deemed to have been issued. This will apply only to simple buildings and technical infrastructure networks under the accelerated procedure. The conditions include the existence of a municipal zoning plan, the consent of all parties and compliance with statutory requirements; EIA projects are excluded.

If the authority fails to issue a decision within the relevant time limit, the building permit will arise upon expiry of that period; the authority will then issue a certificate within 15 days. The superior authority may review whether the conditions were met and must decide within three months of publication of the certificate.

Residential apartment buildings with a built-up area of up to 500 m², no more than four above-ground storeys and one basement storey, a height of up to 9 m under the fire safety regulations and intended exclusively for housing will also qualify as simple buildings.

By contrast, buildings or groups of buildings whose primary function is residential and whose total floor area is at least 10,000 m² will be reserved matters. The Czech Spatial Development Authority will decide, generally within the basic 60-day time limit. An appeal to the authority will not be permitted, but judicial protection will remain available. The statutory declaration of public interest alone does not create a basis for expropriation for a residential project.

Planning agreements and shared infrastructure

Planning agreements and investor contributions are already regulated by law. Going forward, selected requirements concerning parking, infrastructure, green spaces or water management may be met through a contribution to a shared solution agreed with the municipality, where their nature permits. The possibility of a monetary or non-monetary contribution representing a share in the economic activity of a completed project is also being added.

The municipal council may delegate approval to the municipal board if the agreement does not contain provisions reserved to the council. If an agreement is a condition for a permit, the developer submits a proposal consistent with the zoning or regulatory plan and providing for proportionate contributions, but the local authority does not conclude it within a reasonable period, the developer may seek a court order substituting for the authority’s consent.

Project changes and final approval

The authority will assess a change before completion only to the extent requested. A change to the permit for one phase may be combined with a permit for another phase of the same project.

A change before completion will be subject to the building requirements and spatial planning documentation in effect on the date of the original application, or, at the developer’s request, those in effect on the date of the application for the change or the decision.

The regime for minor deviations considered at final approval is being expanded, and the time limit for the final inspection is being reduced from 30 to 15 days from receipt of a complete application.

How can we help you?

• We will assess which regime will apply to your projects in preparation and recommend whether to submit the application before or after the amendment takes effect.
• We will help you prepare a complete application, which will start the time limits for the authorities concerned and open the way to deemed opinions and statements.
• We will advise you on negotiating and drafting planning agreements.
• We will represent you in permit, appeal and court proceedings and help set a project timetable that allows for the transition between authorities in 2027–2028.

In the second part, we will focus on objections, settlement, further measures to prevent appeal ‘ping-pong’ and judicial review. You can read the second part in the next, December issue of BDO News.