Demand for luxury hotels is growing even outside major cities – the closer to nature, the better. National parks thus represent the most exclusive, yet also the most complicated, development opportunities. Behind every successful project in a protected area is a lawyerwho understands not only the law but also how nature and business can coexist. Based on our experience with the realization of such projects, we will introduce you to some of their pitfalls.

Principles of NP management: How they define construction plans and conditions

Special rules apply within the territory of a national park and its buffer zone. For each park, there are established "Management Principles"that define in detail what you are allowed to build and under what conditions. They provide detailed information on what you must fulfill and which government authority you must communicate with—both for the permitting of your construction and for its subsequent use.

Land in a National Park: Can state-owned land be purchased for development?

Land—and therefore parts of a national park—owned by the state generally cannot be purchased or otherwise acquired— through donation or any other transfer of ownership, whether for consideration or free of charge. There are only a few exceptions, primarily for land with a building registered in the real estate cadastre or for land exchanges justified by the fulfillment of nature and landscape conservation goals.

NP zones and their impact on obtaining permits

National parks are divided into 4 zones – natural, near-natural, concentrated nature conservation, and cultural landscape. Each follows a specific conservation goal that directly influences whether a hotel project will receive the necessary permits. Therefore, it is advisable for a developer to familiarize themselves with the goal of the zone where the land is located and consider whether the intended hotel will meet that zone's objective... and be able to obtain a permit.

Land use plan changes in National Parks

Land use plans in National Parks have a clear priority, so that as little of the protected nature as possible remains built up with the exception of mass recreation, while simultaneously taking nature conservation into account. Essentially, the principle is not to expand further residential buildings so that people do not place an unnecessary burden on nature, which would otherwise require the creation of even more service infrastructure.

This is also why construction for private housing is usually not permitted, unlike construction for mass recreation—hotels and guesthouses, which generally include extensive public services such as restrooms, parking, sports equipment rentals, and restaurants that meet the principles of

The park administration, e.g., KRNAP, does not itself approve land use plan changes or issue building permits; rather, it acts as the relevant nature conservation authority and replaces Regional environmental departments, which exercise this authority outside of national parks.

Cooperation with the National Park administration during construction and development

The park administration issues a key opinion both during the land use plan change process and when permitting construction.

"In our experience, obtaining these opinions is a good prerequisite for a positive approach from all involved authorities. Therefore, if you coordinate your project with the relevant park administration and obtain a favorable opinion, you will most likely overcome all other obstacles in the permitting process," emphasizes attorney Martin Tůma.

It is therefore worthwhile from the very beginning of project preparation to cooperate with the park administration and, according to its requirements, continuously request opinions from other relevant state authorities that usually participate in the permitting process—public health, fire protection, traffic safety, water management authorities, public utility managers, local road authorities, or heritage conservationists.

Obstacles in the permitting process: How to reconcile conflicting opinions and public interests

If any of the relevant authorities issues a negative binding opinion or statement, the project is not doomed to be scrapped: the building authority has the option during the permitting process to coordinate requirements in a way that creates the conditions for obtaining the remaining positive opinions.

If a negative opinion persists, the building authority must weigh the competing public interests during the permitting process and prioritize the more important one. For example, during the reconstruction of Vítkův Hrádek above Lipno (the highest-altitude ruin in the Czech Republic), heritage conservation took precedence over nature conservation, and modifications to the monument were permitted.

Building in national parks means balancing interests between nature conservation and business ambitions. When you understand both worlds, you can find a path that satisfies both park authorities and investors.

Are you planning a construction project?

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