Important decision
The current regulations on health limits for noise and vibration have been upheld by the Constitutional Court. In its ruling, case no. Pl. ÚS 1/25, the Court rejected a motion by a group of 14 senators to repeal the government regulation; however, it also noted that repeated increases in permissible limits could gradually erode the constitutionally protected right to a healthy environment. Therefore, in the event of any further relaxation of these limits, it will be necessary to more rigorously balance the interest in infrastructure development with the protection of residents from excessive noise. The ruling was adopted on September 23 and publicly announced on October 7, 2026.
Senators challenged Regulation No. 272/2011 Coll., arguing that its successive amendments have, over the long term, reduced the level of protection against noise, particularly from traffic. The Constitutional Court, however, concluded that the current regulation still upholds the minimum constitutional standard for the protection of health and the environment. It also deemed legitimate the state’s interest in developing roads, highways, and railways and in simplifying the rules for transportation infrastructure projects. It explicitly added, however, that its decision does not mean that the current framework is optimal. According to the Court, further relaxation of the regulations could run up against constitutional limits.
Justices Lucie Dolanská Bányaiová and Constitutional Court President Josef Baxa disagreed with the ruling. In their dissenting opinion, they argued, among other things, that fundamental limits on noise protection should be determined by Parliament, not by the government through subordinate legislation, and that, in their view, the current limits have already weakened public-law protection too much. They also pointed out the risk that responsibility for protection against noise would shift to the residents themselves, who would be forced to seek protection in civil courts. However, this is a minority opinion; the binding conclusion is that of the majority of the plenary session, according to which the current regulation is not unconstitutional.
For people living near busy roads or railways, the ruling does not mean they cannot defend themselves against excessive noise. If they suspect that health limits are being exceeded, they may contact the regional public health office, which can arrange for monitoring measurements and, if the limits are exceeded, demand corrective measures. In addition, under certain conditions, civil law protection against noise pollution may also be available under Section 1013 of the Civil Code. The assessment of unreasonable nuisance is not limited solely to exceeding the health limit.
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.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
