Shrnutí: Are you dealing with a temporary structure in your neighborhood, or are you considering erecting one yourself? Whether it’s a mobile home, a construction trailer, or a seasonal kiosk, these structures are also subject to the provisions of the new Building Code. When is a building permit required, what happens once the temporary period expires, and what steps should you take if such a structure violates the law? Here’s an overview of key information and real-world examples.
A temporary structure is intended for use for a limited period of time, which means it cannot be permanently installed. Therefore, it must be clear at the time of approval that it will not be permanent. After the specified period expires, it must either be removed or converted into a permanent structure (if permitted by law). A temporary structure is one for which the building authority limits the duration of its existence in advance. The specific duration, the deadline for removal, and the method of removal are specified by the building authority in the permit. Upon the owner’s request, the deadline may be extended if the zoning plan permits it.
A temporary structure is not a separate category alongside minor, simple, designated, and other structures. However , the new Building Act explicitly defines it as a structure for which the building authority limits the duration in advance. In practice, these include, for example, construction trailers on building sites, seasonal stalls, temporary warehouses, or grandstands for sporting events. It is important to note that even a temporary structure may require a permit if it does not meet the conditions for a project that does not require a permit.
In this context, it is worth noting that the new legislation has also strengthened oversight of unauthorized structures—if a temporary structure is erected without a permit, it may be demolished at the owner’s expense. Therefore, it is important to verify before construction begins which formalities must be fulfilled to avoid legal problems later on.
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The new Building Act (Act No. 283/2021 Coll.) allows temporary structures to be built without a complex approval process in certain cases. For example,structures up to 40 m² in area and up to 5 m in height may be erected without a permit if they are used for recreation or storage and are not located in a historic preservation zone, provided they meet the conditions set forth in the law. For example, in the case of a structure on the property of a single-family home or a structure for family recreation, it must be a structure related to housing or family recreation; it must not be a structure intended for business activities, a minimum distance of 2 m from property lines must be maintained, and after its construction, at least 50% of the lot’s area must remain capable of absorbing rainwater.
Although a permit may not be required, the structure must comply with zoning regulations and must not infringe on neighbors’ rights. Even for structures that do not require a permit, it is necessary to comply with zoning documentation, construction requirements, and any obligations under specific legal regulations.
If you are unsure whether your structure requires a permit, it is recommended that you consult with your local building authority. This will help you avoid the risk of the authority ordering you to remove the structure.
Building a shed, a garage, or even a house on your own property without official permission? It might sound tempting, but the reality is much harsher. The new building code has tightened the rules, and unauthorized structures will no longer be treated with kid gloves. What does this mean in practice?
Temporary structures come in many forms, and the new Building Code regulates their use based on purpose and location. The most common types of temporary structures include:
Temporary structures often give rise to disputes between owners, neighbors, and authorities. As we have already mentioned, they too must comply with zoning regulations and may require a permit. If these conditions are not met, the structure may be ordered to be removed.
A common problem is “temporariness” for an indefinite period —owners sometimes erect temporary structures with the intention of leaving them in place permanently. If the period of use exceeds the permitted limit, the building authority may require their removal or legalization.
Another contentious situation involves erecting a structure on someone else’s property without the owner’s consent. Even if the structure is only temporary, it may infringe on property rights, and its operation may disturb neighbors (e.g., through noise or shading).
Significant complications can also arise with mobile homes and construction trailers, which are not permanently anchored to the ground but may still be subject to the permitting process. If the authority classifies them as structures, it may require their removal.
In the event of a dispute, it is crucial to contact the building authority or a lawyer who can advise on a possible solution to the situation.
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Illegal temporary structures are a common problem, especially when they infringe on neighbors’ rights or violate the zoning plan. If you suspect that a temporary structure in your neighborhood is illegal (for example, it lacks a permit or is located on someone else’s property without consent), you can contact the building authority. The authority is required to investigate the situation and determine whether the structure meets legal requirements. If not, it may order the owner to remove the structure or bring it into compliance with the law.
Another option is to file a complaint with the municipal office. If the structure infringes on your privacy or causes you other harm, you can also go to court and demand its removal. The building authority will specify a deadline in its decision by which the structure must be removed.
In some cases, illegal structures can be retroactively legalized, but only if they comply with the zoning plan and meet technical requirements. An application for retroactive approval is filed as part of the proceedings for the removal of the structure, and the building authority must inform the party subject to the order of the option to file it within 30 days of the commencement of the proceedings. If the application is not submitted within this period, the structure can no longer be retroactively approved. If the application does not comply with the technical requirements and the zoning plan, the building authority will order the removal of the structure at the owner’s expense. Therefore, it is always better to resolve the situation in a timely manner and in accordance with the law.
The new Building Act has brought a number of changes in the area of temporary structures as well. The most significant change is the effort to simplify permitting processes —certain structures can now be erected without a complex approval process, provided they meet the conditions for a project that does not require a permit. On the other hand, the law has strengthened oversight of illegal structures and made it easier to remove them.
In the past, it was common for temporary structures to remain in place much longer than intended, and authorities often failed to address their removal. The new law introduces stricter controls on the temporary natureof such structures : ifthe specified duration of a temporary structure expires and an application for an extension is not submitted in a timely manner, the building authority may initiate proceedings for its removal. An extension of the duration is possible only if the legal conditions are met.
In the future, greater pressure can be expected to ensure compliance with land-use planning, particularly in protected areas and city centers. Conversely, greater flexibility is expected for smaller temporary structures, such as seasonal stalls or shelters.
The law also addresses the growing popularity of mobile and modular structures, which may be considered structures even though they are not permanently anchored to the ground. Anyone planning a temporary structure should therefore carefully verify that it complies with the new legislation. Mobile homes may be classified as structures if they are connected to utility networks or have a fixed location.
If a temporary structure was erected without a permit, its legalization depends on meeting the legal requirements. First, it is necessary to determine whether it complies with the zoning plan and technical requirements. Then, an application for a retroactive permit is submitted to the building authority, which will assess the structure.
If the structure complies with the law, the authority may grant retroactive approval. If not, it will order its removal at the owner’s expense. In some cases, an exemption may be granted, such as for structures in the public interest. It is recommended to consult with an expert to avoid unnecessary complications.
If someone erects a temporary structure on another person’s property without the owner’s consent, this constitutes an unauthorized infringement of property rights. The landowner may demand the immediate removal of the structure, and if the owner of the structure does not remove it voluntarily, the landowner may contact the building authority or the court. If the structure also fails to meet legal requirements, the authority may order its demolition at the expense of the structure’s owner.
An illegal temporary structure may result in penalties imposed by the building authority. The amount of the fine depends on the specific violation. If a project is carried out without the required permit or in violation of it, the fine can reach up to 2,000,000 CZK; in specially protected and other sensitive areas, it can reach up to 4,000,000 CZK.
The owner is primarily liable for an unauthorized structure, but the company that carried out the construction may also be held liable if it knew that the necessary permits were lacking. Therefore, it is important to always verify that a structure complies with the zoning plan and legal regulations to avoid financial and legal problems.
Although temporary structures are not intended for permanent use, they are still subject to strict regulations. The new Building Act has clarified the permitting process, inspections, and penalties for illegal construction. Some smaller structures can be erected without a permit, while others require approval from the authorities. If a structure exceeds the specified time limit or does not comply with the zoning plan, it may be subject to removal. Structures built on someone else’s property without the owner’s consent are particularly problematic—the owner can challenge this with the building authority or in court. Illegal structures may be subject to fines of up to 1 million crowns, and their removal is often carried out at the owner’s expense. Therefore, if you have any doubts, it is advisable to consult an expert about the situation.
A temporary structure is a structure for which the building authority sets a time limit in advance. It is not a separate category of structure distinct from minor, simple, or other structures—a structure may be considered temporary depending on its nature and purpose.
Sometimes yes, sometimes no. It depends on whether a particular structure qualifies as a minor structure or falls under other categories of projects that do not require a permit under the Building Act. If these conditions are not met, a project permit is required.
Yes, but only if the legal requirements are met. The application must be filed in a timely manner, typically before the permitted duration of construction expires. If the building authority has already initiated proceedings for demolition, the law allows for an application for an extension to be filed within 30 days of the initiation of those proceedings.
That may be the case, but not automatically. Even a mobile home or modular structure can be classified as a building under the Building Code if it serves the function of a building. The decisive factors are, in particular, the manner of placement, the intended use, connections to utility networks, and the actual functioning of the structure.
The building authority may initiate proceedings to have the structure removed and impose a fine. The amount of the penalty depends on the specific violation; for carrying out a project without the necessary permit or in violation of it, the penalty can reach up to 2,000,000 CZK, and in specially protected or other sensitive areas, up to 4,000,000 CZK.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
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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