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Data is current as of August 5, 2026; we will update it continuously as changes occur.
We will prepare an analysis of the amendment's impact on your project, land, building, or municipality, so that you know exactly which changes will affect you, how you can prepare for them, and how to make the most of them. Tell us about your project at info@endors.cz.
The amendment to the Building Act is not yet effective. After its approval by the Chamber of Deputies in July 2026 , it is now awaiting discussion in the Senate. The current proposal does not set an effective date, but it does count on a gradual transition to a new institutional structure: the Office for Territorial Development of the Czech Republic is to be established from January 2027, regional offices for territorial development from January 2028, and existing municipal and regional building authorities are to operate until the end of 2027.
The biggest change for those who want to build or modify structures from 2027 will be a substantial expansion of the powers of building authorities and, at the same time, a new structure, similar to the land registry or tax offices.
These authorities will be responsible for permitting procedures (building regulations), the protection of public interests (replacing today's affected authorities) and expropriation.
Watch out for exceptions: Water protection and transport accessibility remain outside these central authorities, so you will still need to apply for these permits separately.
And note: if the need for a water source protection zone becomes apparent during the permitting process, the building authority will establish it automatically (ex officio) – without you having to request it, which may affect the parameters of your project.
A long-standing problem with municipal building authorities – officials were often close to local politicians or residents. State authorities should be impartial toward local representation.
"Building authority officials are not entirely independent of the municipality in the performance of their official duties, as the municipality influences the organization and operation of the building authority through the office secretary, who is appointed by the mayor and is subject to the will of the municipal council. The office secretary thus has the power to effectively enforce the interests of the municipal leadership at the building authority," says Martin Tůma, an attorney at endors.
Qualifications for the performance of officials of spatial planning bodies and building authorities will be met not only by authorized architects, engineers, or technicians.
Insignificant changes to the spatial plan proposal (for which it is not necessary to repeat the entire public hearing) will explicitly include:
Multiple municipalities can prepare a spatial plan together (but only of the same type – for example, municipal spatial plans of municipalities, but not of municipalities and regions). For developers operating in multiple municipalities, this can be advantageous for coordinating spatial plan changes.
Spatial development authorities will consider not only the technical but also the economic feasibility of projects when assessing them. The amendment also anticipates that some construction requirements will not need to be applied if their fulfillment would be economically clearly disproportionate in relation to the expected benefits. Furthermore, a number of requirements are to be applied only if their fulfillment is technically and economically feasible.
"In practice, this may mean much greater room for administrative discretion for officials. And the more room for interpretation, the more room for potential disputes."
"Officials will have to value buildings and assess their budgets. However, the personnel capacity of authorities is often already insufficient to adequately justify decisions. We will see whether the government has also thought about human resources in addition to the amendment," comments Martin Tůma, head of the construction team at endors.
The amendment introduces a principle where technical requirements for construction (including noise and vibrations) do not have to be applied if their fulfillment would be economically disproportionate to the benefits.
In practice: If noise protection measures in a city center were to cost more than the construction itself, the authority may allow a deviation if it corresponds to local conditions.
If you are building in a gap between historic buildings, you do not have to meet all modern requirements if doing so would be economically unfeasible.
In practice: When converting a building in the city center into apartments, you do not have to meet all current requirements for new construction if it would mean, for example, the complete demolition of load-bearing structures. The authority must assess the benefits versus the costs.
Read our article on brownfields and infill sites.
Municipalities can now issue a generally binding ordinance and claim payment from landowners for the appreciation of land due to a change in the zoning plan.
When your land becomes buildable due to a change in the zoning plan and its value increases significantly, the municipality can ask for a portion of that increase.
The scope for planning agreements between the municipality and the developer will now be expanded. You can contractually agree on who will do what – for example, contributing to a kindergarten in exchange for the municipality's consent to a zoning plan amendment.
If a planning agreement with the municipality is a condition for project approval (i.e., if stipulated by the zoning or regulatory plan) and the municipality refuses to enter into the agreement, a court can compel them to do so if it finds the municipality's refusal unjustified and the consideration proposed by the developer reasonable.
You will also be able to "buy your way out" of certain construction requirements (parking, utilities, civic amenities) – through a contribution to the municipality for building the necessary infrastructure under a planning agreement.
Municipalities will have greater control over zoning plan amendments and more leverage to dictate terms. However:
Our attorneys have experience in negotiating participation in infrastructure development. We will secure fair terms that the municipality cannot refuse.
Preliminary information is regaining its significance. It will no longer be just an opinion from an official who decides its binding nature themselves, but a binding basis for your planning. The authority must provide you with preliminary information on a wider range of issues – from the feasibility of the project to specific documentation requirements.
30-day deadline – the authority must respond within a month.
Binding nature – the authority can only deviate from the preliminary information if legal regulations or circumstances change, or if new facts are discovered.
In practice – before you invest in project documentation, you will find out definitively whether your project has a chance of being approved. And if the authority says yes, they cannot change their mind later just because they feel like it.
Starting in July 2026, a new type of reserved constructionwill be introduced: mass housing construction. If you are planning a residential complex with over 10,000 m² of floor area with a predominant residential function, the project will fall into this category.
According to the amendment, mass housing constructions are considered reserved constructions and are in the public interest, and therefore they will not be handled by the local authority, which may not have as much experience with projects of such scale. Everything should go to the Central Authority, which has the highest concentration of expert officials.
Because they are designated as public interest structures, they are eligible for an interim decision. – you can begin construction even before the final permit is issued. Appeals against interim decisions are not permitted, which speeds up the entire process.
"Dozens of new residential development projects in Prague alone will fall under these mass housing structures. When obtaining permits, developers may try to combine multiple building structures under a single permit so that the total floor area exceeds the 10,000 m² threshold. The law does not rule out the phasing of such combined construction projects, nor their gradual final inspection, so it may be practical to combine multiple construction phases under one application," says Martin Tůma, an attorney at endors.
Do you need help with permitting a designated structure? Get in touch with us. Your project deserves attention. Treat yourself to a lawyer who will give it that attention.
Building-Act-Amendment-2026
"Developable land" is not a new term, but as of July 2026, it receives a new definition. And that definition determines what you can build on your land.
The existing term "built-up area" is changing to "developable area," which now also includes so-called non-building areas – where only public infrastructure can be built.
The terminology is changing, but the principle remains – these are the plots of land surrounding a house that belong to it.
New blocks have been defined(building and non-building).
The new law promises significant acceleration; let's look at some specific examples together.
In most cases, the affected authorities will only issue non-binding statements (rather than binding opinions). Binding opinions will remain only for exceptional cases—for example, in national park areas, where the affected authorities will act as special building authorities.
Key change: The building authority may deviate from non-binding statements, but it must properly justify its decision. It therefore assumes much greater responsibility for the final decision.
Crucially for developers, the building authority will no longer be allowed to consider parts of statements where an official exceeds their authority or attempts to address matters already settled once and for all in the spatial plan.
This significantly limits the previous arbitrariness and "creativity" of the affected authorities during the proceedings.
Objections in proceedings will have to be properly substantiated and explain how the construction specifically affects the rights of a neighbor or other participant in the proceedings. General claims that a building violates regulations or negatively affects the surroundings will no longer suffice. Blanket objections such as "it is too high" or "it spoils the character of the landscape" without specific justification and a link to affected rights will not hold up.
Similarly, stricter rules are to apply to appeals. If the appellant does not state specifically where they see a conflict between the decision and legal regulations or its inaccuracy, the administrative body will not call upon them to supplement it. The grounds for the appeal must be stated no later than the deadline for its submission; subsequent additions will not be considered.
Blanket objections such as "it is too high" or "it spoils the character of the landscape" without specific justification will not pass.
The deadline for filing an administrative lawsuit against a permit remains 1 month, but it will no longer be possible to expand the lawsuit with additional points in the second month.
Suspensive effect of a lawsuit can only be granted if the motion was filed together with the lawsuit – not subsequently.
In practice: Faster legal certainty for builders. Neighbors will have to respond more quickly and specifically.
You can now file an administrative lawsuit against a binding opinion even before submitting a permit application. The requirement to exhaust all remedies has been removed.
Public interests that have already been, or should have been, assessed during the spatial planning process will not be reassessed. Protection of agricultural land and landscape character will not be evaluated during the permitting process if it has already been addressed in the spatial plan.
Some structures may be approved automatically. The amendment introduces the concept of project approval by the expiration of a time limit. If the building authority fails to decide on an application submitted under the expedited procedure within the set time limit, and it concerns a simple structure or technical infrastructure, the project will be considered automatically approved. The building authority will subsequently issue a certificateconfirming this fact and publish it on the official notice board. The goal is to prevent situations where the permitting process is delayed solely due to administrative inaction.
In practice: You must be active as early as during objections to the spatial plan – some public interests will be settled at that stage.
Until now, you had to actively prove that your project would not harm anyone. Now the opposite applies – if you are building in a developable area and meet general requirements, it is assumed that you are preserving the rights of others.
How it works:
→ It is presumed that you are not infringing upon the rights of the parties to the proceedings.
You: That you meet the formal requirements (which is usually clear from the project documentation)
Parties to the proceedings (e.g., neighbors): They must actively prove that the project harms them nonetheless
Note: This presumption applies only in buildable areas. Outside of these areas, it is standard practice to prove that the project does not infringe upon the rights of others.
In practice: A neighbor can no longer simply write "I disagree because I don't like it." They must specifically demonstrate a violation of their rights and cite legal regulations. And that is much more difficult.
Anyone who has built something knows the frustration of waiting for statements from utility providers. One, two, three months – followed by conditions that complicate or increase the cost of the project. This is changing toward greater accountability for providers – regarding the actual location of utility lines and, consequently, their consent to construction.
Utility providers will have a capped 30-day deadline to provide a statement. If they fail to meet it, consent is deemed to have been granted without conditions.
Utility providers will be required to publish the layout of their lines in the digital technical map. If a line is not there, it is considered non-existent – to the detriment of the utility provider, not you.
This means the end of situations where you "accidentally" discover a cable during construction that wasn't on the map, and the provider demands changes to your project. If the line isn't on the map, it's the provider's problem, not yours.
If the building authority preliminarily identifies defects in an application that would necessitate its rejection, it must invite the applicant to provide a statement and amend the supporting documents, while suspending the proceedings.This prevents the formalistic rejection of applications.
At the same time, the amendment strengthens the potential for amicable dispute resolution between the applicant and other parties to the proceedings. At the applicant's request, the building authority may convene an oral hearing focused on discussing objections and reaching an agreement. A settlement may include, for example, project modifications, the withdrawal of objections, financial compensation, or the adoption of mitigation measures. Agreed-upon measures are then incorporated into the permit conditions. Furthermore, any party who fails to attend the hearing without a valid excuse risks having their objections disregarded.
What does this mean in practice? There is a lower risk of project rejection due to rectifiable errors and a greater chance of resolving objections through agreement rather than appeals or litigation. Conversely, neighbors and other parties to the proceedings will have to actively defend their reservations and participate in settlement hearings.
Not everything will be faster. Some aspects will, in fact, add to the bureaucracy.
The amendment does not promise an immediate digital revolution. The transition to new digital tools is set to take place gradually until the end of 2030. Investors and designers must therefore expect that for several more years, they will encounter a combination of existing and new procedures when working with documentation, spatial planning materials, and electronic systems.
Building authorities will have to assess more than they do now (including the economic aspect), while simultaneously providing sufficient justification for their decisions. Understaffed offices often struggle to manage this even now.
The appeal process will mean more work for regional authorities, as they must travel to conduct on-site inspections of individual construction projects. There is a risk of decisions being made without sufficient knowledge of local conditions.
Are you building in a historic city center or a conservation area? Then you know the frustration of dealing with heritage requirements based on outdated legislation. That is changing.
Heritage conservation must now balance the protection and use of properties with an emphasis on the needs of civic amenities and contemporary life. This represents a shift from the Germanic model of preservation to the Mediterranean model of adaptation.
Increased legal certainty: You will finally know exactly where a protected zone begins and ends.
Plan updates: Municipalities will be required to update historical protection plans—with precise criteria and conditions.
Less arbitrary decision-making: Heritage authorities will no longer be able to demand excessive documentation "just because"; they must justify their assessments according to newly added heritage conservation principles.
Previously, you had to obtain approval from the agricultural land protection authority and then separately secure a building permit. That is changing—the building authority will now assess agricultural land protection itself.
The building authority will assess the conditions for removing land from agricultural use as part of the permit process.
When building in a designated buildable area according to the zoning plan, the conditions for removal have already been assessed during the zoning process. Therefore, removal is not re-evaluated during the permit process.
Including agrivoltaics or the construction of ponds.
Outside of national park territories, the building authority decides on the removal or restriction of forest protection.
The building authority also approves projects within 30 meters of the forest edge.
One authority, one procedure, one decision. Less coordination, faster process.
It is no longer mandatory for simple structures (including family homes).
You do not need to submit full documentation for a binding opinion request – only what the authority needs for assessment is sufficient.
If there is a discrepancy between what is in the permit and what is in the verified project documentation, the documentation prevails. Finally.
You can submit your own draft decision with your application (like a legal petition). The authority then simply assesses whether it complies with the law.
The amendment precisely defines what is considered a minor deviation from project documentation. This means smaller changes during construction no longer necessarily require additional permits.
You will be able to start using a building before it is completely finished.
For underground utility lines, you can replace the building passport with a geodetic survey – less bureaucracy during completion.
The amendment will bring new opportunities for developers – faster permitting procedures, more predictable processes, and less room for blanket objections. However, it also brings new challenges – economic assessment of projects by authorities, changes in the structure of authorities, and new documentation requirements.
Do you want to know exactly how these changes will affect your project?
Schedule a consultation – we will review your project with you and prepare a strategy that leverages the new rules to your advantage.
Although the effective date of the amendment is not yet set in the current proposal, a gradual rollout of the new system of authorities is expected. The Czech Office for Territorial Development is scheduled to be established on January 1, 2027, and regional offices for territorial development on January 1, 2028. The transition to the new system will therefore not be a one-time event, but will be spread over several years.
These are residential complexes with over 10,000 m2 of floor area. These projects are now handled by the Central Building Authority, which speeds up the process through interim decisions.
Municipalities have a stronger say in spatial planning and can even decide on exceptions to the spatial plan during the permitting process. If a planning agreement is a condition for the project's implementation, you can challenge a municipality's refusal to enter into one in court.
If a utility provider does not respond to your request within 30 days, the law assumes a positive opinion without conditions.
Martin Tůma is an attorney and head of the construction law team at the endors law firm. Hespecializes in litigation, with extensive experience in large and complex cases, particularly in insurance,construction, transport, leasing, and a wide range of other sectors.
Martin further leverages this experience in his construction law practice, where he helps clients implement development projects, including representation before authorities and administrative courts. He also successfully completed his Ph.D. studies focusing on damages, a topic on which he also publishes regularly.
Vít Kučera is the founder and sole partner of the firm, the creator of its vision, and the guarantor of its values. In his legal practice, he focuses primarily on litigation and acquisition consulting. He is also dedicated to managing the firm's strategic clients. He seeks out unusual cases and situations that require a creative and innovative approach.
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