What has replaced the building notification and how to proceed with small buildings?

What was the building notice and why is it no longer in existence?

Until the end of 2023, the old Building Act allowed certain simpler constructions to be carried out on the basis of a so-called notification to the building authority, i.e. without the traditional planning and construction procedure. This process was faster and less administratively demanding. The builder only had to notify the authority of his/her intention and, after receiving the approval, could implement the construction.

Notification mainly concerned smaller houses, holiday homes, garages, garden buildings and other smaller structures that did not require an assessment of the wider impact on the area.

As of January 2024, the concept of building notification no longer exists in the legal system. In its place, the new Building Act introduces new tools that vary according to the size, purpose and impact of the structure. However, this does not mean that small buildings are now subject to complex procedures – on the contrary, the law provides for so-called simplified building permits.

What replaces the building notification under the new Building Act?

Instead of the existing notification, permitting is now applied under a simplified regime, namely under the so-called simplified procedure for the permitting of a project.

The new Building Act distinguishes three basic methods of permitting buildings:

1. Simplified planning permission
2. Planning permission (standard procedure)
3. Public contract or certificate of an authorised inspector

The simplified regime is now intended for small constructions that were previously carried out on a notification basis.

Building on notification in the new concept

The simplified procedure is intended for smaller structures that can reasonably be expected not to have a significant impact on the environment, surrounding development or neighbouring land. The specific conditions are regulated by the implementing ordinance on building requirements.

Typical examples of small buildings suitable for the simplified regime are garages or sheds up to a certain area (e.g. up to 50 m²), garden houses, summerhouses, greenhouses, etc., swimming pools, wells, septic tanks or simple family houses (under certain conditions).

However, beware that it is not only the size of the building that is decisive, but also its impact on the area. For example, a building in a conservation area, a protected area or a flood plain will not be able to be considered simplistically.

How does the simplified scheme work?

The Simplified Permitted Development Scheme, which replaces the previous notification regime from 2024, makes the process simpler and quicker. Although it is formally a procedure, the process is significantly shorter and less administratively demanding. Here is a step-by-step overview of how the process works:

1. Submitting an application

It all starts with the application for planning permission under the simplified procedure. The application is submitted exclusively electronically – via the so-called Builder Portal. Paper submission is no longer possible as the digitisation of the building procedure is mandatory from 2024.

1. Mandatory annexes

The application must be accompanied by the relevant project documentation as well as statements from the owners of neighbouring properties or other affected persons. These representations take the form of consent to the construction and are crucial for the authority to conduct the procedure in a simplified mode.

1. Assessment of the application

Once the building authority receives the application and its annexes, it will assess whether all the conditions are met. If so, it can proceed without the need for a public hearing, which speeds up the process considerably.

1. Decision within 30 days

If everything is in order, the building authority will issue a decision within 30 days of the application. This is a significant speed up compared to the previous practice, where similar procedures could take several months.

However, if the application does not meet the conditions for the simplified regime (for example, one of the consents is missing or the documentation is incomplete) it will automatically be transferred to the regular planning permission procedure. In this case, a longer timeframe and a more demanding process must be expected.

Which buildings do not require a permit at all?

The new Building Act preserves the possibility of carrying out certain small constructions without a permit or notification, so-called “constructions without a permit”. These constructions must meet the conditions set out in the decree. In particular, the following criteria apply:

• they are not underground,
• have only one storey above ground,
• their built-up area does not exceed 25 m²,
• they do not interfere with the rights of other persons.

These include, for example, simple garden summerhouses or pergolas, sheds and storage sheds, fences (up to a certain height) or smaller swimming pools up to 40 m².

However, the building must still comply with the zoning plan and the general building requirements. It is definitely worth seeking written advice from the building authority or consulting a specialist, such as an architect or a chartered surveyor.

How do I find out what scheme applies to your building?

From January 2024, the rules for planning permission have changed significantly and the concept of ‘building on notice’ has been completely replaced by a different approach. The new Building Act works with several types of procedure (simplified and standard) and it is not always clear at first glance which category your particular development falls into. Choosing the right procedure will significantly influence how quickly and smoothly the construction procedure will proceed. So what can you do to avoid getting lost in the new system?

1. Start with the zoning plan

Every municipality has its own zoning plan, which determines what can be built where and under what conditions. This plan is the key document against which it is judged whether your building project is even permissible in the area. Therefore, your first step should be to study the municipality’s master plan or the regional planning documents. You will find out, for example, whether the land is intended for housing, recreation, production or green space, and you can deduce a lot from this.

2. Negotiate with the building authority

Even the best understanding of the zoning plan may not be enough. Each building project has its own specific circumstances – size, design, connection to infrastructure, impact on the surrounding area or proximity to a protected area. All of these can influence which management regime applies to the building. We therefore recommend that you contact the relevant building authority as soon as possible. Preferably before you start preparing an application or approaching a designer. The authority can give you a preliminary opinion or recommendation on which scheme to choose and what documents to prepare.

3. Consider using an authorised inspector

If you want to speed up the process, the new Building Act also offers an alternative to the traditional official procedure – the help of an authorised inspector. This expert can assess whether the building complies with the law on the basis of your documentation and, if so, issue a certificate from an authorised inspector. This has the same legal weight as a decision by the building authority. For investors who want to keep things under control and not wait weeks for the authority’s decision, this can be a very efficient way to go.

Summary

Since January 2024, a new Building Act has been in force, which has completely abolished the existing institution of building notification. This has been replaced by a simplified permitting regime, officially known as the simplified planning permission procedure. This applies mainly to small buildings such as garages, pergolas, garden houses or swimming pools, provided that they meet the conditions set out in the ordinance and do not have a significant impact on their surroundings. The application is submitted exclusively electronically through the Builder’s Portal and the procedure can take as little as 30 days, provided all the requisites are documented, including the consent of the neighbours. In addition, some small buildings up to 25 m² do not require permission at all. The key is to find out what scheme applies to your project, which is determined by the zoning plan and the specific conditions of the site.