Zoning plan changes & development. How to make the case for your construction project [Lawyers’ practical experience]
Pushing through a building project in an attractive location often requires a change to the zoning plan. Success depends not only on the project itself but primarily on your strategy for negotiating with the municipality. The keys are a thorough due diligence review of the site at the outset, the use of planning agreements to support the project, and timely communication with all parties before the public hearing. Vít Kučera, managing director and founder of endors, prepared this article in cooperation with our construction team for Development News & Facility Manager magazine, and you can now read it here as well.

Anyone who has ever faced the task of pushing through a new building in an attractive location knows that the project itself is only the beginning. The real work happens at negotiating tables, in meetings, at public hearings and in debates with residents. That is where it is decided whether a new project will be a welcome addition or an unwanted intruder. Our experience? Those who know the rules of the game and can present their project clearly have an edge that can ultimately make the difference.

The zoning plan is your key to the land you want to build on

How do we succeed in pushing through interesting projects? How do you win the favor of the public and the local government needed for the necessary change to the zoning plan? The answer may be surprisingly simple. The key to success is systematic work, patient communication and the ability to present the project clearly to the municipality, the authorities and the public.

But first you need to find out which doors it opens

Development and zoning plan changes are among the most complex processes, requiring time, patience and careful preparation. Spatial development is not just a technical or legal question; it is also where questions of urban planning and differing visions for the use of the land meet. It affects the very shape of towns and cities, their long-term functioning and the everyday lives of the people who live in them.

An application to change the zoning plan starts with a thorough review

We start every project with a thorough review. The land use map and the zoning plan regulations tell us whether the project is feasible. Investors often come with a vision that directly contradicts the zoning plan – in that case, it is necessary to determine whether it makes sense to seek a change or whether the project needs to be reshaped.

In one case, we saved a client months of work and considerable costs when our analysis at the very outset showed that the site was entirely unsuitable for the intended project and that the municipal council would have no will to change that in any way.

Map out the area around your project

It is also a good idea to carefully map the surrounding buildings and the character of the area. It is advisable to avoid elements that are out of place. On the other hand, being able to fit the project well into its surroundings is a strong argument. The building should not be an eyesore, but should rather complement or complete the existing environment.

Working with the municipality’s spatial planning department

Practice shows that the best start is to use the standard framework for negotiation – an official consultation with the spatial planning department or attending a municipal council meeting. These steps let you find out whether the municipality sees the project as an opportunity or a risk. 

We have already encountered a situation where council members rejected a large shopping center but at the same time welcomed a smaller, community-oriented project – for example, a multifunctional building with services, a café and smaller shops.

Find out what the local government really wants

Municipalities often have a clear idea of what projects they want. Success depends on the willingness to accept these preferences, work with them and, where appropriate, on the ability to sense what is wanted or acceptable and adapt the project to these priorities.

“It is advisable to adapt the project, right from the first steps, at least to the council members’ basic expectations. Otherwise, you may find yourself literally shown the door right after saying hello. Municipalities can tell whether an investor has come with respect for their area or simply wants to impose their vision on them, without regard for anyone else. If you can make compromises and show that you are looking for common ground, the doors stay open much longer and the result can be objectively better.” sums up Vít Kučera, partner at the endors law firm.
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Planning agreements and contributions to public infrastructure in development projects

A building project is never just about the building itself. Municipalities expect the investor to contribute to the development of the surroundings as well – whether sidewalks, playgrounds or traffic improvements. From a legal perspective, these are contributions set out in planning agreements under the Building Act; in practice, they are about a fair balance between the investor’s interests and the needs of the city.

The role of the lawyers is to ensure that the terms are set transparently and enforceably – and that the investor knows exactly what is expected of them. Contributions can often be derived from publicly available documents of the municipalities themselves, so the investor can find out in advance how large a contribution they will have to pay.

Principles for cooperation between the city and investors

Even so, in Hradec Králové, for example, the introduction of principles for cooperation between the city and investors is currently under discussion: the city wants to set clear rules for contributions to public space, while investors see this as a hidden tax. Dozens of companies have joined the dispute by signing a petition against the proposal. However, similar rules are already in place in Prague, Pardubice and Jihlava.

“An agreement on infrastructure contributions is now the standard rather than the exception. Our experience is that if an investor can show the municipality how their contribution will improve life in the community – whether with a new playground, a sidewalk or traffic improvements – the tone of the negotiations changes. It becomes an advantage that the residents themselves perceive. Not to mention that the form of the contribution can really vary.” adds Vít Kučera, partner at the endors law firm.

A successful application to change the zoning plan even before the public hearing

Only once the terms have been clarified with the municipality does it make sense to start preparing an application to change the zoning plan. We have seen time and again that well-prepared visualizations and arguments helped head off critical comments before they even reached the official procedure.

Fine-tuning the documentation early saves costs and conflicts, and consulting a lawyer and an experienced designer at this stage saves months or even years, because it prevents formal objections, appeals and lengthy litigation.

“The application is often the first moment when the city, the neighbors and other participants in the process become acquainted with the project. So this phase is also very important. More than once, well-prepared documentation has literally saved a project at its public presentation, as it allowed us to respond promptly to the public’s probing questions. And the discussion of a critical issue ended before it began; everything was clarified.” recalls Vít Kučera, partner at the endors law firm.

About the authors

Vít Kučera, managing partner. As the lead on national and international transactions, he has already closed 50+ deals ranging from millions to billions around the world. An experienced negotiator, he has over a hundred successfully resolved court and out-of-court disputes to his name. Vít is also an active athlete – he has successfully completed 8 Ironman triathlons.

Martin Tůma, head of the construction law team. He helps experienced builders carry out construction projects. His main achievements include bringing 25+ development projects to a final permit. An enthusiast for the law of damages, construction and the liability of statutory body members, he recently also completed his Ph.D. at Charles University in Prague.

Planning to build?

As of July 2026, the rules for building permits, spatial planning and cooperation with municipalities are changing. Read our analysis of the 2026 amendment to the Building Act – we break down 7 key changes and their impact in practice.

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