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Large and medium-sized cities today face a common problem: a lack of space for new construction. Residential buildings, offices, and civic amenities—everything must fit into already built-up areas. That is why developers and investors are increasingly looking for new opportunities in vacant lots or brownfields. While current legislation does not yet explicitly favor brownfields, the direction is clear. Building on "greenfields" is gradually being restricted, and legislation is pushing developers to utilize already developed land.
A vacant lot is an undeveloped space (plot of land) within a continuous urban area that was created by the demolition of a building or was left empty.
A brownfield is an abandoned, unused, or neglected property (land, building, or site).
Several factors are driving the trend toward developing brownfields:
Since 2024, stricter conditions have been in place for building on the highest-quality land in protection classes I and II. According to the Agricultural Land Protection Act, this land can only be built upon in exceptional cases, primarily for public interest projects.
Local regulations are often based on regional spatial planning requirements to improve environmental quality and residential well-being. In practice, this means that municipalities do not want to further densify development by allowing construction everywhere.
Removing forest land from protection is practically impossible today.
The market price of developable land is rising significantly, and with it, the mandatory contributions to municipalities for utility connections. Added to this is the complexity of expanding a municipality's buildable area.
"Brownfields offer a realistic alternative—development without consuming new land, often in attractive locations near the city center," emphasizes attorney Martin Tůma.
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There are two ways to approach development on brownfields: either through new construction or by utilizing existing structures on the site, even if they are in poor condition. All of this, of course, assumes that the zoning plan allows for development on the brownfield site. If it does not, a common tool for securing the necessary zoning change is negotiating a so-called planning agreement, under which the local government (in exchange for a certain contribution) allows the zoning change.
This approach involves first removing the existing structure and only then beginning new construction. It sounds simple, but from our legal practice , we can say that it is certainly not simple, at least from a legislative standpoint.
The process involves:
It can be much more practical not to treat the entire project as a new build, but as a reconstruction of the existing one. Instead of two sets of proceedings, you only go through one—the procedure for changing a completed structure.
Advantages of this approach:
But there are certain limitations – renovations have their own rules. They must not disrupt the urban character of the area, which in practice means you must maintain the basic volume of the original structure and harmonize with the surrounding development. To put it into a practical example – you cannot simply build a skyscraper where a two-story factory once stood.
In gaps between buildings and on brownfields, you will often encounter the problem that the structure – or what remains of it – is not registered in the land registry at all. However, this does not mean your plan has to end. There is a solution, but it is quite demanding, so if you have not yet consulted the entire situation with an attorney, now is the right time.
If the structure is preserved enough that the layout of the original building is recognizable (usually the perimeter walls of the first floor are sufficient), you can:
If you are considering building on a brownfield or an infill site:
Start with the zoning plan. Find out if you can even build on the land. If not, consider negotiating a change to the zoning plan through a planning agreement.
Consider renovation instead of new construction. The process for modifying an existing structure is faster and cheaper than demolishing an old building and subsequently obtaining permits for a new one.
Check the land registry. If the structure is not registered, obtain a certificate of existence for the building.
Respect the surrounding development. Your project must match the character of the area and preserve the basic volumetric properties of the original structure.
Be prepared for change. Legislation is gradually adapting to the reality of a shortage of building plots, and greater support for brownfield projects can be expected in the future.
Every property has its own story and every project its own specific conditions. We will help you navigate legal requirements, negotiate a planning agreement, or prepare a strategy for changing the zoning plan. Even the best project cannot be realized without contracts or permits. We help you bring your plans to life.
Contact us at info@endors.cz.
Starting in July 2026, the rules for building permits, urban planning, and cooperation with municipalities will change. Read our analysis of the 2026 Building Act amendment – we break down 7 key changes and their practical impact.
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