Shrnutí: In most cases today, an unauthorized structure means only one thing: a fine and an order to remove it. The new building code has significantly limited the possibility of retroactive legalization, and the authorities are taking a stricter approach than before. In this article, we explain when demolition is a risk, how to take action against a neighbor, and how to avoid these problems.
Not sure if the construction is legal, or are you at risk of a fine? We’d be happy to help —you’ll quickly find out how to proceed and what options you have to defend yourself.
An “unauthorized structure” is generally defined as a structure built without the necessary permit or in violation of it. If the building authority discovers it, it will initiate proceedings to have it removed, and the person responsible may be fined for violating the law. The authority decides the structure’s fate based on the specific circumstances.
The problem doesn’t have to involve only large buildings. It can also arise with smaller structures, such as sheds, fences, garden structures, or garages, if they do not meet the conditions for structures that can be built without a permit or were built in violation of an issued permit. Relying on the fact that no one will notice unauthorized structures may not pay off. The consequences can include a hefty fine, an order to remove the structure, or even its forced removal at the expense of the responsible party.
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The possibility of retroactively approving construction carried out without the necessary permit already existed under the previous legislation and is retained in the new Building Act. However, this does not mean that a builder is automatically entitled to a retroactive permit. Furthermore, the new legislation sets stricter conditions in some respects, particularly if the construction would require an exemption to be approved.
Only construction that meets legal requirements may be retroactively approved. In particular, its compliance with land-use planning documents, building codes, and protected public interests is assessed. The building authority also considers any potential impact on the rights of neighbors and other parties to the proceedings. If the conditions for a retroactive permit are not met, the building authority will reject the application and order the structure to be removed.
Therefore, anyone who builds a house, shed, or other structure without a permit cannot rely on the authority to approve it later without any problems. The outcome always depends on the characteristics and location of the specific structure, as well as on whether it can be brought into compliance with legal requirements.
People often do not begin to address the issue until the structure is already completed. However, choosing the correct course of action can have a significant impact on whether it will be possible to obtain retroactive approval for the structure. In such a situation, it is advisable to assess the specific circumstances in a timely manner by consulting with an expert.
Are you dealing with a temporary structure in your neighborhood, or are you considering erecting one yourself? When is a building permit required, what happens once the temporary period expires, and what steps should you take if such a structure violates the law? We address these questions in our article.
Do you suspect that your neighbor has built a house, a garage, or, for example, a tall fence without the necessary permit? You can try to verify this information with the building authority. However, as a neighbor, you do not automatically have the right to inspect the entire case file unless you are a party to the proceedings or can demonstrate a legal interest or other serious reason. If you suspect that the structure is unauthorized, you can file a complaint with the building authority requesting an investigation.
If the structure encroaches on your property or causes you unreasonable nuisance—such as by blocking sunlight, causing noise, or other nuisances—you can seek redress in court in addition to pursuing the matter with the building authority. However, the mere fact that the structure lacks the necessary permit does not automatically mean that you will more easily obtain an order for its removal in court. The court primarily assesses the infringement of your property rights or other private rights.
Neighborhood disputes over construction projects tend to be sensitive and may end up in court. Therefore, a complaint filed with the building authority or a lawsuit should accurately describe the structure, its location, and the way in which it infringes upon your rights.
As we’ve already mentioned, if you build a house, garage, or other structure without the necessary permit or in violation of it, the building authority will initiate proceedings to have it removed. At the same time, you may be fined in separate administrative proceedings. For pergolas, fences, and other smaller structures, it always depends on their specific design, dimensions, and location, as some of them do not require a permit.
Carrying out a project without the necessary permit or in violation of it can result in a fine of up to two million crowns. In special cases—such as a project in a specially protected area, a buffer zone, or on land where construction is prohibited—the fine can reach up to four million crowns. The specific amount depends not only on the size of the structure but also on the severity of the violation and the circumstances of the case.
If the building authority orders the removal of the structure, the costs are borne by the person on whom this obligation was imposed. If the person does not comply with the decision voluntarily, the removal may be carried out by the authority, and the costs may subsequently be recovered from the person.
In practice, people often underestimate the significance of smaller structures, such as sheds or fences. However, if such a structure lacks the necessary permit, it can lead not only to proceedings before the building authority but also to a dispute with neighbors, for example, over compensation for damages.
Has your initial enthusiasm for a renovation or construction project given way to disappointment with a result that definitely didn’t meet your expectations? We’ll advise you on your rights, how to properly file a complaint, and what to watch out for next time.
The building authority decides on the removal of a structure through administrative proceedings. It orders the builder or owner of the structure to remove it within a specified time limit and sets the conditions for the demolition work.
If the party responsible does not voluntarily remove the structure, the building authority may proceed with substitute enforcement (execution) and arrange for its removal through another party. The costs of demolition are borne by the party obligated to remove the structure, and the authority may recover them from that party. The amount depends primarily on the scope of the structure, the method of demolition, and other circumstances of the specific case.
The new Building Act has streamlined the building permitting process into a single “project approval” procedure and classified certain smaller structures as “minor structures” that do not require a permit from the building authority. However, even these must meet legal requirements and comply, for example, with the zoning plan and construction regulations.
Single-family homes are not classified as structures that do not require a permit. The law classifies them as simple structures for which a project permit is required; however, it does not set a 150 m² limit on built-up area for their permitting.
Before beginning construction , it is therefore advisable to verify which category the project falls into and whether any additional restrictions apply, such as those specified in the zoning plan or related to a protected zone. A building authority, designer, architect, or lawyer can assist with assessing a specific project.
The key to a smooth construction process is timely planning and verification of all requirements. This also applies to structures that do not require a permit from the building authority.
The new Building Act applies to ordinary structures as of July 1, 2024. If a structure is built without the required permit or in violation of it, the building authority may initiate proceedings for its removal, and the responsible person may be fined. A structure may be retroactively approved if the legal conditions are met; if these conditions are not met, the authority will order its removal. The costs are borne by the person on whom the obligation to remove the structure was imposed. If a neighbor is building without a permit, you can file a complaint with the building authority and, if your private rights are infringed, also take the matter to court. Before construction begins, it is therefore important to verify whether the project requires a permit and what other requirements apply to it.
Insurance regulations generally do not exclude coverage for unauthorized structures. However, it depends on the terms and conditions of the specific insurance company and on whether the policyholder truthfully discloses all material facts to the insurer. Under certain circumstances, the lack of a building permit may lead to a reduction in or denial of insurance benefits, but this is not an automatic consequence.
An illegal structure does not become legal simply with the passage of time, and the building authority may order the structure’s removal even years later. However, the statute of limitations may apply separately to a specific person’s liability for the offense and the possibility of imposing a fine on that person.
Yes. If there is an enforceable decision ordering the demolition of a structure and the party responsible fails to comply within the specified time limit, the building authority may arrange for the demolition of the structure through substitute performance. The costs are borne by the party responsible.
It is generally not possible to determine the duration of the proceedings. It depends on the complexity of the case, the evidence required, the number of parties involved, any interruptions in the proceedings, and appeals.
This is a serious issue under private law. The landowner may seek the removal of the structure, but the court may, depending on the circumstances, opt for another legal solution. Factors such as the extent of the encroachment and the builder’s good faith may be relevant.
Not always. Some small structures do not require a permit from the building authority, but they must meet all legal requirements regarding their dimensions, purpose, and location. If they do not meet these requirements, a permit may be necessary.
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 15 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.
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 15 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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