Do you want to move into a new building or start renting an apartment? You can’t do it without approval. It is the process by which the building authority allows the use of the completed building. For some buildings, a building permit is required, while for others it is sufficient to meet the legal conditions. We will advise you how to manage the whole process quickly and without unnecessary mistakes.
Quick overview:
One mistake in the approval can mean months of delay, a mortgage problem or a fine. Have your situation checked by a solicitor before you apply.
Approval represents the final stage of construction. Its purpose is to verify that the completed building has been carried out in accordance with the planning permission and meets the requirements set out in the Building Act.
The legislation is contained in the Building Act, which regulates the competence of building authorities, the conditions of construction and the rules for the use of buildings. The basic principle is simple: a building may only be used for its authorised purpose and only if the legal conditions are met.
The Building Act is based on the fact that a building is a construction work resulting from a construction or assembly activity intended for use at a specific location. It is the moment of transition from “construction” to “use” that is crucial – and this is where approval comes in.
In practice, this means that:
Therefore, the approval is not a formality, but a legal condition for the legal use of the building.
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The new Building Act operates with the institute of the approval decision, which the building authority issues in cases provided for by law. The purpose is to formally confirm that the building meets the conditions for safe and proper use.
The difference with the past is that not every building is subject to the classical approval procedure. The decisive factor is:
If the law stipulates the obligation to issue an approval decision, you simply must not enter the house without it. To move in “illegally” or to start using the building without approval is to violate the Building Act – and risk being fined or banned from using it.
The building authority is not just a formal stamp on paper. Within the scope of its competence under the Building Act, it checks whether the building is completed in accordance with the permit and whether it meets all the conditions for safe and proper use. If something does not comply, it will simply not issue a certificate of approval.
Typically, the approval decision relates to:
You have built a house. You have finished, cleaned up, keys in hand and want to move in. But now comes one of the most important moments of the entire construction: the house approval.
According to the Building Act, a family house is a building for housing in which more than half of the floor area is used for living and which meets the legal parameters (number of apartments and floors). It is precisely in such buildings that the question of approval is crucial.
Why is the approval of a house so important? Because without it:
Approval is not a formality. It is the moment when the state says, “Yes, this building is safe and can be used.”
Before you even submit an application, review the project documentation, the conditions in the planning permission and any binding conditions from the authorities concerned.
Based on our experience and the problems we solve with our clients, we recommend checking in particular the dimensions of the building (height, built-up area), the location on the plot, the connection to the utilities and the number and purpose of the rooms.
Even a “small” change (e.g. different window, different type of heating) can be a problem if it has not been properly approved.
The most common reason for delays in approval? Incomplete documentation.
Usually you will need:
Available counsel advises: Start arranging revisions continuously during construction. Don’t wait until the very end or you’ll be looking for tradesmen retrospectively and under pressure.
If a building permit is required for your building, you must not use the house without it. Apply to the building authority that authorised the building. Include all required documents – the more complete the submission, the faster the process.
You can have your application checked by a professional before submitting it. Correcting mistakes after the procedure has started makes the whole process longer.
The building authority may carry out an on-site inspection. In particular:
Have the project documentation and all revisions on site. Ensure access to the technical rooms and the identification of the house(description number, if already assigned). It may seem trivial, but not being prepared can raise unnecessary doubts.
One of our clients has completed a new build house. Everything was ready and the family wanted to live there. However, he lacked an electrical inspection report and proof of compliance with certain permit conditions. Therefore, the building authority did not issue him a building permit. The result was a delay of several months, complications in taking out a mortgage and the need for additional inspections and administration. Yet, as he himself noted in retrospect, only one thing was enough: To have all the conditions checked before submitting the application.
The biggest mistake is to deal with the approval at the end. Do the opposite: check that every change is legal, keep all the logs, communicate with the building inspector and prepare your documents continuously. The house approval will then not be a stressful finale, but just the logical conclusion of the whole process.
If you are not sure whether your house is ready for approval, it is worth checking the situation legally beforehand. One consultation can save you months of delays.
According to the Building Act, a flat is a set of rooms that meets the requirements for permanent housing. In practice, this means that it must be structurally and technically suitable for people to live in it for a long time – i.e. have adequate light, ventilation, sanitary facilities and safety.
The good news: you usually don’t have to get a separate approval for the apartment. The whole apartment building as a structure is approved. If the building is approved, the individual apartments are automatically part of this process.
What you should always check:
This is essential, for example, when financing with a mortgage or a future sale.
Tip: Whether you are building a family home, renovating a cottage or demolishing an old barn, construction documentation is the cornerstone of most legal building projects. Getting it right and submitting it to the authorities can make all the difference to the speed and success of the building process. Do you know how to do it?
The problem arises when you want to change the purpose for which the space is intended. The law says that a change to a completed building can be a change in use – that is, a change in the way the space is used. In practice, this means that these situations may require a new permit (and sometimes a new approval):
The key question is: Does the purpose of the space change from a building law perspective? Are there alterations that have an impact on safety, noise, hygiene or the movement of people? If so, the situation needs to be addressed with the building authority.
If you are planning a change:
The question of what is needed for approval is one of the most common. The Building Act is based on the principle that the construction must be carried out in accordance with the permit and meet the requirements of the legislation.
In general, it is necessary to complete the construction according to the project documentation, to meet the conditions specified in the planning permission, to provide the prescribed documents (e.g. revisions, tests) and to allow the building authority to inspect.
The building authority exercises control in matters of building regulations and verifies that the legal conditions of use are met.
Pre-application checklist:
Under the new Building Act, approval is a necessary condition for the legal use of a house or flat – without it, you cannot move in, rent out or run a business and in some cases an explicit approval decision is required. The building authority checks whether the building is completed in accordance with the permit and meets all legal and safety conditions; if something is missing (typically a revision, compliance with the permit conditions or compliance of the actual design with the documentation), it will not issue a building permit. For a detached house, it is crucial to keep an eye on changes from the project, collect revision reports and check that all conditions are met before submitting an application, otherwise there is a risk of delays, problems with the land registry or mortgage and possible penalties for early occupation. In the case of an apartment, separate approval is usually not an issue (it is done for the whole house), but it is essential to be careful about change of use – for example, converting an apartment into an office or a non-residential space into a flat, which may require a new permit and subsequent approval of use.
Tip: One of the most significant changes to the Building Act was the abolition of the existing institute of building notification, which previously allowed for quicker and easier permitting of smaller buildings. Read what the building notification replaced and how to proceed.
It depends on whether your house (building) requires a building permit. If it does, you must not live without it.
Only for structures where the law or permit conditions specifically require it.
It depends on the completeness of the documents and compliance with the conditions set by the building authority.
Penalties and prohibition of use of the building are possible.
Yes, as far as the change of use of the building is concerned under the Act.
Formally, yes, but the buyer assumes the legal risks and may have financing problems.
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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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