Are you planning an extension, garden house or smaller building on your property? Previously, you might have used what is known as planning consent – a simpler and quicker option than full planning permission. However, from 1 July 2024, planning consent no longer exists under the new Building Act. It has been replaced by a simpler and quicker planning permission process. In this article we explain how to proceed now, what the deadlines are and what to look out for.
What is completely new is that planning consent as a separate institution has ended as of 1 July 2024. The new Building Act has unified the previous steps (i.e. zoning decision, zoning consent and building permit) into a single procedure for planning permission.
For simpler constructions (e.g. garden houses, swimming pools, greenhouses, garages or small extensions), a single planning permission is now used in the framework of the combined construction procedure. This has simplified and accelerated the whole process for builders.
For the simplest constructions, it is only possible to notify the building authority of the intention. If the authority does not object within the relevant time limit (10 working days), the so-called fiction of consent kicks in and the builder can start construction under certain conditions. This procedure is intended for constructions that do not interfere with the zoning plan, do not require interference with the environment and do not interfere with the rights of other persons.
Each notification must contain the prescribed elements and consultation with a specialist is recommended if there is any ambiguity.
There are clear rules for applying for planning permission. First, check that your development is in accordance with the development plan and does not conflict with any restrictions. The application itself is submitted to the relevant building authority or online via the Builder’s Portal.
The application must include identification of the builder, a description and technical sketch of the project, details of the land including the plot number and proof of ownership. Important annexes include simplified project documentation, any neighbour consents and the opinions of the authorities concerned, if required. After submission, the authority will verify the completeness of the documentation and assess whether the project can be permitted. If all conditions are met, a decision is issued or, in the case of a notification without objections, a fiction of consent is created.
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Building supervision is expensive, but it is definitely worth it. It controls the quality of materials and the progress of construction work. This ensures that everything goes according to plan. If you plan to build with your own hands, you can’t avoid it. In this case, the presence of a building supervisor is required by law. In our article, we looked at what exactly a building supervisor does, how much it costs and how to choose the best one.
The time it takes for the building authority to decide on your plan depends on the complexity of the building and the method of submission. For simple buildings, where a simple notification is sufficient, the authority has a deadline of 10 working days. If it does not issue a disapproval opinion within this time, consent is deemed granted and you can start building.
In the standard planning permission procedure, the authority has 30 days from the submission of a complete application to issue a decision. However, this time limit can be extended, for example if the authority asks for missing documents to be completed or if the authorities concerned intervene in the process. In this case, the decision may be postponed for up to another 30 days.
It is also important to know that certain circumstances, such as the need for a public hearing or the completion of documents, interrupt the running of time limits. It is therefore worth preparing the application well and attaching all the necessary annexes when you first submit it. The less the authority waits for the additions, the faster you will get the permit.
One of the most common mistakes is the inaccurate identification of the type of construction and the associated incorrect choice of procedure. Some projects require a full construction procedure, while others just require notification. If you get it wrong, you risk delays and fines.
Another problem is an incomplete application – missing attachments, outdated title deeds or an unclear description of the project. The authority then calls for completions and the whole process is prolonged. We therefore recommend that you carefully check the requirements for your building and use the available application templates.
A common stumbling block is also the overlooking of consents from neighbours or representations from the authorities concerned. Although they are not always mandatory, their absence can result in the refusal of a project.
Finally, some builders start work before obtaining the necessary consent or decision. This is a serious violation of the Building Code and can lead to an order to remove the building.
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The new legislation brings welcome simplification for builders. Instead of the previous planning consent or building permit, a single planning permission procedure or a simple construction notification is now sufficient. To ensure that everything runs smoothly, it is crucial to pay sufficient attention to the preparation of the application.
Before you start building, check what procedure applies to your project and whether it complies with the planning permission. Prepare complete documentation, including all attachments, and check that the information is up to date. The more accurate and complete the documentation you submit, the quicker the building authority will make a decision.
Don’t be afraid to use online tools such as the Builder’s Portal to make the whole process quicker and clearer. If you’re not sure if you’ve got everything right, consult a professional – the investment in legal or technical advice can pay you back many times over.
We will draw up a contract for the work or check the existing one. This way you can be sure that the delivery of the work will be legally sound and free from ambiguity. We will resolve the matter quickly, no matter where you are from in the country. You can pay after the service has been provided.
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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