What must be the spacing between buildings?

If you are planning to build a property, you will already know that the whole process involves a number of obligations and conditions that your building must meet. However, it is also important to remember that many of the conditions you have to meet relate not only to the building itself, but also, for example, to the location of the building on the land. One of the most important things to keep in mind at the very beginning of the planning process, or when selecting a plot, is the requirement to maintain the spacing between buildings. The following are the rules for the siting of houses and garages.

Author of the article: ARROWS (Mgr. Alice Dajčarová, LL.M., MSc., office@arws.cz, +420 245 007 740)

This article was written in 2021. If you are looking for up-to-date information on this topic, please do not hesitate to contact us at office@arws.cz or by phone at +420 245 007 740. We will be happy to advise you.

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General requirements for building setbacks

The setbacks between buildings are generally regulated by the ordinance[1]. The most general requirement is that the mutual spacing must meet the requirements of urban planning, architectural, environmental, sanitary, veterinary, surface and groundwater protection, state conservation, fire protection, safety, civil protection, prevention of major accidents, daylighting and glare, and preservation of the quality of the environment, and that the spacing must also allow, among other things, the maintenance of buildings.

This definition is rather vague and it is always up to the building authority to decide whether these general conditions are met in a particular case. In assessing these requirements, the building authority then relies in particular on the specific technical standards applicable in the area, its own knowledge of the area in which the project is to be located, etc. However, it should be pointed out at this point that technical standards are not legally binding, so if the administrative authority, in the course of its administrative discretion, reaches a conclusion which, for example, does not fully comply with the technical standard in question, this cannot be regarded as its error or as an unlawful procedure.

Specific conditions for detached houses and garages

The above general requirements are then supplemented by specific conditions applicable to individual types of buildings. If you are planning to build a family house, then you must remember that the distance between family houses must generally be no less than 7 metres and the distance from the common boundaries of the property must be no less than 2 metres. So, for example, if you have a neighbour who has a house built 3 metres from a common property boundary, this means that you have to place your house at least 4 metres from the common property boundary so that the 7 metre spacing is maintained.

However, there is one exception to this rule, and that is where there are no windows to habitable rooms in any of the opposite walls of the house. In such a case, the spacing of the buildings may be reduced from the stated 7 metres to up to 4 metres. However, even in this case, there is still an obligation to keep a distance of at least 2 metres from the common boundaries of the property.

A further restriction is imposed where there are windows to habitable rooms in the frontage of buildings. In this case, the frontage must be located at least 3 metres from the edge of the carriageway, road or local road.

As regards the garage, which you will most likely want to build together with the house, there are specific rules here too. There must be no less than 2 metres between the garage, which is situated on the plot of the family home, and the common boundaries of the plot.

However, if the nature of the development allows (which is again a matter for the relevant building authority), it is possible to place the family home and/or garage on the boundary of the plot itself. However, there is a special condition that in order to allow such a location, there must be no structural opening (e.g. windows, vents, etc.) in the boundary wall, and that rainwater or snowfall onto the neighbouring property must be prevented. Naturally, the building itself must not overhang the neighbouring property in any way.

Setback distances are always measured at the shortest line between the outer surfaces of external walls, balconies, loggias, terraces, and from the property boundaries and the edge of the roadway.

Conclusion

As can be seen from the above, even the actual placement of a proposed building on a plot of land can be quite a complex matter, and the above rules for the required spacing of buildings should be borne in mind when you are selecting the land on which you intend to build. In addition, even if you are planning to add on to an existing building, it is necessary to reassess whether the property being added on to will meet the requirements for the siting of buildings, including whether the spacing distances will be adhered to.

[1] Decree No. 201/2006 Coll., on general requirements for the use of the territory