How to correctly submit an application for construction in 2026?

Quick summary

• Most developments today follow the planning permission procedure rather than separate planning and building procedures.
• Some small structures can be built without a permit, but only if all legal conditions are met.
• For detached houses, larger extensions, interventions to supporting structures or changes of use, permission will usually be required.
• Before submitting an application, check compliance with the zoning plan, the opinions of the authorities concerned and any objections from neighbours.
• A black building can mean a fine, a ban on further work and removal proceedings.

Are you dealing with building permits, neighbour objections or a problem with the building authority? We can help you assess the situation and suggest a course of action.

The different stages of the procedure

Building permits are now based on the new Building Act. For most projects, it is no longer the case that the builder first goes through a separate planning procedure and then a separate building procedure. The basic procedure is the planning permission procedure, in which the building authority assesses both the location of the building in the area and its execution.

However, not every project needs a permit. Some small buildings listed in the Annex to the Building Act can be built without a permit if all the legal conditions are met. In some cases, the completion of the building may be followed by an approval, i.e. a decision that the building can be used for its intended purpose.

If you decide to build a house, an extension, a garage, a pergola or any other building, first check which category your project falls into under the Building Act. In particular, it is crucial whether it is a small building without a permit, a simple building or another project that already requires a permit from the building authority.

For smaller buildings, it is not enough to look at their size. Other conditions are also important, such as location on the site, setback from property boundaries, maintenance of stormwater drainage, compliance with the zoning plan, and any restrictions resulting from nature conservation, monument protection, or other public interests. If you are unsure, it is advisable to ask the building authority for preliminary information.

This will tell you whether your project requires planning permission, whether approval will be required, what aspects the application will be assessed against and which authorities concerned can comment on the project.

Preliminary information is particularly useful if you are unsure whether the land is developable under the development plan, whether your proposal complies with the regulations in the area or what supporting documents you will need to provide with your application.

Application for a change to the zoning plan

If your development does not comply with the existing zoning plan, it does not automatically mean the end of your building plans. You can apply for a change of plan to the local authority responsible for the site. This process can be challenging and lengthy, but if the municipality assesses the application for a zoning change as beneficial, a positive outcome can be achieved.

A zoning plan is a comprehensive document created by a municipality that determines what a community will look like in the future, i.e. what the use of which land will be and where development will be allowed. If the zoning plan does not allow you to build on your land, you can try to apply to change it. This can be applied for by either an individual or a legal entity, as long as they have ownership or similar rights to the land in the municipality. The application can be made in writing to the relevant municipality or municipal authority in whose territory the land is located.

Location of the building

The location of a building is nowadays not usually assessed in a separate planning procedure, but as part of the planning permission procedure. In this process, the building authority examines whether the project complies with the planning documentation, the character of the area, the requirements for public infrastructure and the opinions of the authorities concerned.

If the project meets the statutory conditions and the builder provides the necessary consents of the parties to the proceedings, it may be possible in some cases to use the accelerated procedure. However, this is not the same as an earlier planning consent.

Planning permission procedure

The basic permitting procedure today is the planning permission procedure. In it, the developer submits an application to the building authority and provides documentation and other supporting documents needed to assess the building. In one procedure, the building authority assesses whether the project can be located in the area and whether it can be permitted in terms of building, technical and public law requirements.

In particular, the procedure examines the conformity of the project with the zoning plan, the requirements for construction, the connection to public infrastructure and the binding opinions or statements of the authorities concerned. The parties to the procedure are typically the builder, the municipality in whose territory the project is to be carried out, the owner of the land or building on which the project is to be carried out and persons whose property or other rights in rem may be directly affected by the project.

For some projects, the competent authority may be other than the municipal building authority, for example for dedicated transport or energy structures. However, in the case of ordinary buildings such as houses or extensions, the builder will normally deal with the locally competent building authority.

The planning permission procedure is not just about filling in a form. The builder needs to know whether the plan is supported by the local plan, how to respond to the authority’s requirements, what to submit with the application and how to avoid objections from neighbours. If you are unsure whether your course of action is correct, contact our solicitors. We will assess the supporting documents, highlight any weaknesses and suggest specific actions to take against the planning authority.

Execution of the construction

What the building authority considers when giving planning permission

In the planning permission procedure, the building authority assesses the technical parameters of the building, its location in the area and its compatibility with the public interest. In particular, compliance with spatial planning documentation, construction requirements, connection to transport and technical infrastructure, fire safety, health protection, environmental protection and the opinions of the authorities concerned are examined.

The application for planning permission shall be accompanied by the documentation for planning permission and other documents required by the Building Act. Depending on the nature of the construction, this may include, for example, opinions or statements of the authorities concerned, documents on the ownership right or other authorisation to carry out the construction, statements of the owners of technical and transport infrastructure and, if necessary, consents of the parties to the proceedings if the builder wishes to use the accelerated procedure.

The documentation is usually prepared by the designer. The application can be submitted electronically via the Builder’s Portal.

Minor and simple constructions

The new Building Act no longer bases the normal permitting of houses on the old distinction between building notification and building permit. What matters is whether the building is a minor building, a simple building, a reserved building or another project under the Building Act.

Minor constructions listed in the Annex to the Act can be carried out without a permit if the statutory conditions are met. In the case of buildings on the plot of a family house or a building for family recreation, for example, it is an additional building up to 40 m² of built-up area and up to 5 m in height, provided that it also meets other legal conditions, in particular the distance from the boundary of the plot, compliance with the zoning plan and the preservation of a prescribed part of the plot capable of absorbing rainwater.

Simple structures, which include some housing and family recreation structures, generally no longer require planning permission, although they may have simpler requirements than more complex structures.

Therefore, for a detached house, it cannot generally be said that it is sufficient to simply notify it. The builder should first check which category his project falls into and accordingly prepare an application for planning permission or verify that it is indeed a small building without a permit.

When is planning permission required?

Planning permission is required for buildings and building alterations that are not exempt from the permitting regime under the Building Act. Typically, this will be the construction of a single-family house, a major extension, an intervention in the supporting structures, a change to the structure that affects its safety or use, or a project that may affect the rights of neighbours or public interests.

Neighbors’ consent alone does not determine whether you need a permit. However, it can play an important role, for example, in fast-track proceedings where the law requires evidence of the consent of the parties to the proceedings. If the consents are missing, it does not automatically mean that you cannot build, but the procedure can proceed in the standard way and the neighbours can raise their objections.

Application for approval

Once the building is completed, some projects require an approval decision. This confirms that the building can be used for the purpose for which it was authorised. Approval is particularly important for buildings for housing and family recreation, but the law also provides for cases where approval is not required.

The application for approval is accompanied by supporting documents depending on the nature of the construction, such as documentation, statements or opinions of the authorities concerned, revisions and evidence of the proper execution of the construction. Without the necessary approval, the use of the building may be problematic and may complicate, for example, the sale of the property, financing or connection to services.

Application for additional building permit

If you have started construction without the permit that was required by law, or you are building in violation of the permit issued, this is not just a technicality. The building authority may initiate proceedings for the removal of the building and the builder also runs the risk of a fine.

An additional permit may be possible in some cases, but it cannot be relied upon as an obvious remedy. The builder must demonstrate that the project meets the legal requirements, is in accordance with the planning documentation and does not conflict with protected public interests. In practice, this procedure is often more administratively, financially and time-consuming than the processing of permits before construction begins.

An example from our law practice

Mrs Karlová contacted us when the building authority notified her of the commencement of proceedings for the removal of an extension to her family home. She had started building the extension in good faith that it was only a minor alteration to the house, but it turned out that it encroached on the setbacks and should have been permitted beforehand.

We first checked whether the extension complied with the planning permission and whether the missing supporting documents could be completed for the additional permission. We then helped our client to prepare a representation to the building authority, complete the design documentation and provide the representations required by the authority.

As a result, the matter was not only assessed as a black building, but as a project where the errors could be corrected. The client avoided the immediate removal of the extension and was given the space to complete the necessary documents. Similar cases show that a timely legal response often makes the difference between a building being able to be saved or the builder being put in an unnecessarily worse position.

Reconstruction of an older house

Some people prefer to buy an old house and renovate it. In fact, the appearance of new buildings is increasingly bound by more standards governing technical requirements than was previously the case. The purchase of an older house can also be advantageous because some municipalities set by decree a maximum buildability of the land, which is not addressed in the case of already built buildings. It specifies the percentage of land that must remain undeveloped.

Monument and other protected zones

You may face more complex permitting if your project is located in a conservation area, conservation zone, national park, conservation area or otherwise protected area. In such cases, special regulations for the protection of monuments, nature, landscape or the environment apply in addition to the Building Act.

A single environmental opinion may be required for projects affecting environmental protection interests. This consolidates the assessment of several environmental aspects into a single basis for the construction procedure.

If the project concerns a cultural monument or a conservation area, the opinion of the state conservation authority will usually also be required. Without the necessary opinions or statements, the project may not be permitted.

Fine for black building

If you do not obtain the necessary building permit or, in the vernacular, fail to obtain it, you commit an offence under the Building Act, which carries a fine for black building. The fact that you have already applied for a permit, but the building authority is taking a long time, cannot be an excuse.

The amount of the fine depends on the nature of the breach. A fine of up to CZK 2,000,000 can be imposed for carrying out a project without the necessary permit or in violation of the permit. For example, if the project is in a specially protected area, a protection zone, an undeveloped area, on undevelopable land, an EIA project or a project requiring an integrated permit, the fine can reach up to CZK 4,000,000. In addition to the fine, the builder may also face a ban on continuing the work or proceedings for the removal of the construction.

Time limits for building permits

When planning construction, bear in mind that planning permission has a limited validity. It is normally valid for 2 years from the date of entry into force, unless the building authority specifies a longer period in justified cases, but no longer than 5 years. If the project is started during the validity period of the permit, the validity of the permit is extended to 10 years from the date the permit becomes legally valid.

The time limits set out in the permit itself, for example for completion of the construction or compliance with specific conditions, must also be monitored separately.

Application for extension of the building permit

The building authority may extend the validity of the planning permission at the request of the builder. The application must be submitted before the permit expires and must explain why the project could not be started or completed in time.

The building authority may also extend the validity of the permit repeatedly, but only if the statutory conditions are met. If the permit expires in vain, it is not possible to simply continue building on the basis of the original decision.

Summary

Before submitting an application for a building permit, first check which category your project falls into under the Building Act. For some small buildings, a permit will not be needed, but only if all the legal conditions are met. For single-family houses, larger extensions, interventions in the supporting structures or changes of use of the building, you will usually not be able to do without planning permission.

It is also important to check compliance with the zoning plan, prepare the correct project documentation and find out in good time whether you need the opinions of the authorities concerned. For buildings in conservation areas, protected areas or near neighbouring land, the procedure can be more complicated.

It does not pay to build without the necessary permits. The building authority may impose a fine, prohibit the continuation of work or initiate proceedings to remove the building. Although additional permission may be possible in some cases, it tends to be more complicated and more expensive than a properly prepared application before construction begins.