Shrnutí: Have you purchased a plot of land and are planning to build on it? It’s not enough to simply confirm that you own it and that it has good access. It’s crucial to verify whether the intended structure can be built on the land at all according to the zoning plan and whether the land is part of the agricultural land fund.
Have you purchased a plot of land and are planning to build on it? It’s not enough to simply confirm that you own it and that it has good access. It’s crucial to verify whether the intended structure can be built on the land at all according to the zoning plan and whether the land is part of the Agricultural Land Fund.
If the land is classified, for example, as arable land, a garden, an orchard, or permanent grassland, you may need to obtain approval to remove the land from the agricultural land fund before construction. Without this approval, a project requiring such removal cannot be authorized.
Quick Overview
The first question is not whether the land is yours, but whether the intended construction is even permitted on it. This is determined primarily from land-use planning documentation, particularly the municipality’s zoning plan.The zoning plan specifies whether the land is, for example, designated for residential, recreational, industrial, green space, agricultural, or other land-use categories. It may also set conditions such as maximum building coverage, building height, roof shape, setbacks, the character of the development, or requirements for connection to infrastructure.
The new Building Act no longer bases the entire process on a separate zoning proceeding as defined under the old system. The basic procedure today is project approval; the law stipulates that a project requires approval unless it is a minor structure or a change in land use for which the law does not require approval. However , this does not mean that land-use planning has lost its significance. On the contrary. Compliance with the zoning plan is one of the basic prerequisites for a construction project to be approved. If the zoning plan does not provide for the construction, simply removing the land from the agricultural land fund will not solve the problem.
Practical experience: The most common mistake when purchasing “building” land is relying on the seller’s verbal assurances. A plot may be listed in the land registry as a garden or arable land and described as “building land” in an advertisement, but what matters is the zoning plan and the specific conditions for the use of the area.
The Real Estate Cadastre is a public registry that contains a wide variety of information about the properties listed in it. The creation, modification, or termination of rights to these properties becomes effective only after the relevant cadastral office has entered the information into the cadastre. What are some common errors we encounter in applications submitted to the Land Registry?
Measure twice, cut once. That goes for official filings as well. Enrolment in the Land Registry is a formality, but a very important formality that is not to be underestimated. Do you need to register an easement in the Land Registry? Or a lien so you don’t lose the money you borrowed?
The Agricultural Land Fund is a protected area of land designated primarily for agricultural use. It consists mainly of agriculturally cultivated land, such as:
The Agricultural Land Fund may also include certain other parcels of land important for agricultural production, such as farm roads, irrigation and drainage facilities, fish ponds, or water reservoirs related to agricultural management. The protection of the agricultural land fund is governed by Act No. 334/1992 Coll., on the Protection of the Agricultural Land Fund. The fact that a parcel of land is included in the zoning plan as a developable area does not in itself mean that it is automatically excluded from the agricultural land fund. A zoning plan may permit development, but approval from the agricultural land fund protection authority may still be required for a specific construction project.
Approval to remove agricultural land from the Agricultural Land Fund is required when the land is to be used for a non-agricultural purpose. Typically, this involves the construction of a single-family home, a garage, a driveway, paved areas, commercial buildings, or other uses that are no longer agricultural.
The law expressly stipulates that a project requiring the removal of agricultural land from the Agricultural Land Fund cannot be approved without this consent, unless it falls under one of the statutory exceptions.
The withdrawal may be:
For a single-family home and a recreational structure, the area required for construction and related paved areas is removed from the fund. If the remaining portion of the land adjacent to the house is to serve as a garden, the entire parcel need not be removed from the agricultural land fund; however, soil protection requirements may apply to the entire area affected by the construction.
The law includes exceptions where consent to removal is not required. Of practical significance, for example, is the exception under the Act on the Protection of the Agricultural Land Fund, whereby consent to the removal of land from the Agricultural Land Fund is not required for a structure located in a built-up area, including related built-up areas, provided their total area does not exceed 25 m². Consent is also not required for certain minor technical installations, such as specific survey markers, manholes, utility poles, boreholes, or wells, up to a size specified by law. Special rules also apply to certain projects on undeveloped portions of a developed building lot with a single-family home; however, this exception does not apply if the developed building lot has an area of 1,000 m² or more.
Exceptions must be assessed carefully. The fact that a structure does not require a permit under the Building Act does not automatically mean that you are not subject to any other public law obligations. In practice, it is therefore advisable to verify the regulatory framework for a specific project with the building authority and the agricultural land protection authority.
An application for approval to remove land from the Agricultural Land Fund is generally filed by the developer or the person who intends to carry out the project. If the applicant is not the owner of the land, they must provide the owner’s consent, unless it is one of the specific cases where the law does not require the owner’s consent. The application is filed with the municipal office with extended jurisdiction in whose administrative district the largest portion of the agricultural land to be withdrawn is located. If this office does not have jurisdiction to process the application, it forwards it, along with its opinion, to the regional office. If the land in question is located within a national park, the application is submitted to the national park administration.
The municipal authority with extended powers is competent to grant consent if the agricultural land to be expropriated covers an area of no more than 1 hectare. For larger expropriations, the regional authority makes the decision.
Depending on the circumstances, consent to the land acquisition may serve as the basis for subsequent approval of the project under the Building Act. If the project does not require any further permits under other legal regulations, consent is issued as a separate decision.
The application must include the purpose of the intended expropriation, a description of the intended project, an assessment of the anticipated impacts on the agricultural land fund, and a justification of why the proposed solution is the most appropriate from the perspective of soil protection, the environment, and other public interests.
The application must be accompanied, in particular, by:
If the land is to be taken out of agricultural use only temporarily, a reclamation plan must also be attached. This plan describes how the land will be restored after the end of non-agricultural use so that it can be returned to the agricultural land fund. For a typical single-family home construction project, it is particularly important to provide an accurate site plan showing the building, paved areas, access road, terrace, and other parts of the project that actually occupy agricultural land. The more precise the documentation prepared by the designer, the lower the risk that the authorities will return the application for additional information.
The application must also include the results of a pedological survey and a preliminary assessment of the topsoil removal. In practice , this involves determining which soil layers are present on the property, how deep the topsoil is, and how it will be handled during construction. Topsoil removed during excavation must not be treated as waste. The law requires a proposal for its efficient use. Typically, it is used on undeveloped parts of the property, for landscaping, or on other suitable agricultural land.
For simpler projects, a pedological survey may seem like a formality, but it should not be underestimated. The authorities rely on it when assessing soil quality and when determining the conditions for handling the soil during construction.
As a rule, fees are payable for the permanent removal of agricultural land. The person authorized to carry out the project for which consent was granted is obligated to pay these fees. The amount of the fees is determined in accordance with the annex to the Act on the Protection of the Agricultural Land Fund.
The calculation is based primarily on:
In its approval of the land expropriation , the authority will provide an indicative assessment of whether and in what amount fees will be set. The final amount will be determined subsequently in accordance with Section 11 of the Building Act. The Agricultural Land Fund Protection Authority decides on the fees after the project has commenced. The party obligated to pay must, among other things, notify the authority of the project’s commencement at least 15 days in advance. Fees for permanent land withdrawal are paid as a lump sum. In the case of temporary withdrawal, payments are made annually until the completion of reclamation, unless the law provides for a special regime.
Levies are not imposed in all cases. The law lists a number of exceptions, such as certain public transportation infrastructure projects, primary agricultural production facilities operated by a registered agricultural business, erosion control measures, wastewater treatment plants, bike paths designated in the zoning plan, or retention reservoirs and ponds.
The removal of land from the Agricultural Land Fund and a building permit are not the same thing. Approval for removal determines whether and under what conditions agricultural land may be used for non-agricultural purposes. In contrast, a project permit under the Building Act addresses the entire construction project, including its location, design, impacts on the surrounding area, and compliance with legal regulations.
An application for project approval is submitted using the prescribed form, either electronically via the Builder’s Portal or in hard copy. No later than the date the application is filed, the project documentation or documentation for project approval must be entered into the electronic documentation registry. The application for project approval must include, among other things, the documentation for project approval, the owner’s consent (if required), and statements, binding opinions, or decisions from the relevant authorities, if required by the Building Act or other legal regulations.
Therefore, if your project affects agricultural land, it is necessary to address soil protection in a timely manner. Otherwise, the building permit proceedings may be unnecessarily delayed due to a missing opinion or decision.
Determine whether the property is located in an area that permits the intended construction. Consider not only the land use designation but also the regulations, such as buildability, building height, the character of the development, and conditions for transportation access.
Examine the land classification, protection status, title deed, BPEJ (land value index), and any restrictions on ownership rights. If the land is classified as agricultural in the land registry, this is the first indication that you will need to address the protection of agricultural land reserves.
The designer should precisely mark the building, paved areas, access road, terrace, sidewalks, and other parts of the project that will occupy agricultural land. Only the necessary area should be taken from the agricultural land fund.
In smaller cases defined by law, consent may not be required. However, exceptions are interpreted based on the specific project and location, so it’s worth checking with the relevant agricultural land fund protection authority.
A well-prepared application saves time. Prepare cadastral documents, a site plan, a calculation of levies, a pedological survey, a topsoil balance sheet, data on BPEJ and protection classes, information on drainage and irrigation, and any other relevant documents.
In its approval, the Agricultural Land Fund Protection Authority will define the affected parcels or parts thereof, establish soil protection conditions, approve the reclamation plan if applicable, and provide an estimate of the levies.
Use the approval for land withdrawal as the basis for obtaining a project permit, if your project requires one. Once you begin construction, be sure to fulfill the reporting obligations related to the fees.
If you want to build on land that is part of the Agricultural Land Fund, it is not enough to simply obtain a building permit or design a house. First, you must verify whether the project complies with the zoning plan and whether consent to the withdrawal of agricultural land from the Agricultural Land Fund will be required. Approval for removal is required for projects that will use agricultural land for non-agricultural purposes. The application is typically filed with the municipal office of a municipality with extended jurisdiction and must be supported by specific technical, cadastral, and land data. Fees are usually paid for the withdrawal, the amount of which depends primarily on the extent of the land take, the BPEJ (agricultural land productivity index), the protection class, and statutory coefficients. However, approval for the withdrawal of land does not in itself authorize construction—it serves as the basis for a project permit, if required under the Building Act.
At first glance, the whole process may seem complicated, but let an expert guide you. The authorities will explain exactly what’s required and how to go about it. It’s worth it to make your dream home a reality.
Download our free e-book , “5 Tips for Buying or Selling Real Estate Risk-Free,” and navigate the process of buying or selling a house, apartment, or plot of land with ease.
We prepared this article for the Lidové noviny series “Law & Housing.” Be sure to check out other articles in the series as well. We’re continuously updating many of them:
This refers to the approval granted by the Agricultural Land Fund Protection Authority for agricultural land, or a portion thereof, to be used for a non-agricultural purpose, such as the construction of a house, a driveway, or a paved area.
Not always. For a single-family home, the area required for construction and related paved areas is typically set aside. The remainder of the lot can continue to be used, for example, as a garden, provided that this is consistent with the specific plan and the conditions set by the authorities.
You can find basic information in the real estate cadastre by land type and protection status. Information on the BPEJ and soil protection class is also important.
As a rule, the application is filed with the municipal office of a municipality with expanded jurisdiction. For larger land acquisitions, the competent authority may be the regional office; for land located within a national park, it may be the national park administration.
The amount of the fees depends on the area of land taken, the BPEJ, the protection class, and other statutory coefficients. For some projects, no fees are assessed; however, for standard construction projects, they must be taken into account.
Measure twice, cut once. That goes for official filings as well. Enrolment in the Land Registry is a formality, but a very important formality that is not to be underestimated. Do you need to register an easement in the Land Registry? Or a lien so you don’t lose the money you borrowed?
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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