Build a shed, garage or a house on your own land without official permission? It may sound tempting, but the reality is much harsher. The new building law has tightened the rules and black buildings will no longer be treated with kid gloves. What does this mean for those who discover an illegal building in their neighbourhood? And what penalties do those who built it face?
A black building is one that has been built without the necessary permits or in breach of them. Previously, it was also possible to retrospectively legalise buildings that clearly violated the regulations, but the new Building Act (Act No. 283/2021 Coll.) is much stricter in this respect. If the building authority finds a black building, in most cases it will order its removal straight away. As a rule, they also set a deadline for removal (usually within 60 days).The only exceptions to this rule are buildings that meet all current standards and do not interfere with the rights of neighbours or the public interest.
Illegal construction does not have to be limited to large buildings. Smaller structures such as pergolas, fences or garages can also be a problem if they exceed the limits and are not properly notified. Stricter supervision by the authorities means that relying on “nobody noticing” is riskier than ever. And the penalties? These can range from heavy fines to forced demolition at the owner’s expense.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Previously, if someone built a house or other structure without a permit, he or she could try to obtain additional legalisation. This was often successful, which led to some people building “underground” knowing that the authorities would eventually retroactively approve it. However, this is changing fundamentally with the new building law.
Additional legalisation is now no longer commonplace. On the contrary, the building authority must decide in the first place whether the building is dangerous or in violation of the zoning plan. If so, it will order its removal without the possibility of remedy. Legalisation is only possible if the building complies with all technical standards and the zoning plan, does not interfere with the rights of neighbours and does not endanger the public interest.
This means that anyone who builds a house, shed or other structure without a permit can no longer rely on retrospectively “fixing” it. The authorities have a stricter yardstick for black buildings and in many cases there will be no alternative but demolition. So risking building without permission is much more dangerous today than it used to be.
Are you struggling with a temporary building in your area, or thinking about its location yourself? When is a building permit required, what happens after the temporary period expires, and what is the procedure if such a structure violates the law? This is the subject of our article.
Do you think your neighbour has built a house, garage or even a high fence without permission? First, make sure that the neighbour does not have the necessary permit. This can be found out at the building office, where you as a neighbour can ask for information. If the building really does not have the necessary documents, contact the building authority and ask them to investigate.
If the building is encroaching on your land, shading you or interfering with your privacy, you can take legal action in addition to the authority. Illegal buildings are not only harder to legalise but also easier to get removed.
Thanks to the new legislation, you can no longer rely on the authorities to tolerate black buildings. If you are bothered by such construction, you now have stronger tools in your hand to defend your rights.
The new Building Act has tightened penalties for black buildings. If you build a house, garage or even a pergola without a permit, you risk heavy fines and demolition orders.
Fines for black buildings can reach hundreds of thousands of crowns, or even millions for larger projects. Moreover, if the authorities decide to demolish the building, the owner of the building pays for it. If they do not do so voluntarily, the authority can arrange for removal at their expense. The amount of the fine varies according to the size of the building and the degree of violation of the law.
As we have already mentioned, the additional legalisation of a building will now be more of an exception. It is therefore more common than before to expect just an order for demolition.
Building without a permit is thus more unprofitable today than ever before. The authorities have been given stronger tools to enforce the rules and the chances of “slipping through” the system are minimal.
Has the excitement of the reconstruction or construction been replaced by disappointment with a result that definitely did not meet your expectations? We will advise you on what you are entitled to, how to proceed correctly in a complaint and what to look out for next time.
The decision on removal is issued by the building authority in an administrative procedure. The owner of the building is given a deadline for voluntary removal. If he or she fails to do so, the authority may proceed to so-called execution by removal – i.e. to arrange demolition at its own expense and then recover it from the owner.
The cost of removal can range from tens of thousands to millions of crowns, depending on the size of the building. If the owner of the building fails to pay, he or she may face execution.
The new Building Act, along with tightening penalties for black buildings, also seeks to simplify the permitting process. The aim is to ensure that people have no reason to build illegally.
A major change is that many smaller buildings will no longer require a traditional building permit. For example, family houses with up to 150 m² of built-up area should be approved more quickly under the so-called single building permit procedure. However, it is always necessary to check whether other restrictions, such as zoning or protection zones, apply to a particular building.
If you want to build without problems, it is advisable to consult the building authority beforehand. In some cases, it may be beneficial to involve professionals such as architects or lawyers to help with the permitting process.
The key to a trouble-free construction is planning and compliance. While the new law tightens oversight of black buildings, it also eases the way for those who want to build legally and without unnecessary complications.
The new Building Act, effective from 1 July 2024, tightens the procedure against black buildings. It is no longer common for them to be retrospectively permitted – the authorities often order them to be removed straight away. Penalties include heavy fines and demolition at the owner’s expense. If your neighbour is building in the black, you can take action against the building authority or the courts. It is the owner’s responsibility to remove the illegal building, otherwise the authorities will remove it themselves and recover the costs. To avoid problems, build legally – while the new law tightens controls, it also makes it easier to permit certain buildings. The key is to consult the building authority and follow the rules.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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