A real estate development project in progress following the amendment

Where This Article Fits in Our Series on the Amendment

In the main article Accelerated Permitting for Development Projects: What the Building Act Amendment (2026) Brings we described the overall picture of the reform and the timeline for the new system of authorities. In the article Building Permits for Large Development Projects 2026 we analysed the 10,000 m² threshold, the exclusion of administrative appeals, and the narrowed judicial review—that is, what the new regime offers for large projects.

And in the article A Single Stamp for Large Development Projects: How It Will Work in Practice, we went through the new procedure step by step. This final instalment answers the question raised by the previous three: when to enter the new regime.

What the Transitional Provisions Say—and What This Means for Timing

The transitional provisions of the amendment (parliamentary paper 67) are based on three rules, which the Ministry of Regional Development also confirms in its methodological answers on the website novystavebnizakon.gov.cz: proceedings already underway will be completed under the existing regulations so that they are not sent back to the beginning; opinions, consents, and decisions of the authorities concerned issued before the new authorities are established will remain legally effective and, if submitted by the developer, will not be reassessed; and administrative procedures that are abolished by the amendment will be terminated, with their usable outputs remaining available for further use.

This has three strategic implications. First: the choice of regime is made at the moment the proceedings are initiated—an application filed the day before the effective date will run for years in the old system, including the cycle of appeals that the new regime abolishes. Second: waiting is not a loss—preparations, opinions, and EIAs obtained today will carry their effects into the new proceedings. Third: the final wording of the transitional provisions may still be amended by the Senate—the definitive decision should only be made after the law is published in the Collection of Laws.

Why Timing Is Strategic, Especially for Large Projects

For a smaller project, the old and new regimes differ mainly in organisation—who leads the proceedings and how many opinions are needed. For a project of 10,000 m² of floor area or more, the substance is different: only an application filed under the new regime will gain the status of a reserved construction under the amendment to the Building Act (Act No. 283/2021 Coll.) —centralised proceedings at the Territorial Development Authority, construction in the public interest, excluded administrative appeals, and a narrower judicial review. For projects where the developer expects organised opposition from neighbours or associations, this difference can mean years. At the same time, however, these are the provisions most likely to be the target of a constitutional complaint—an advantage that, if overturned by the Constitutional Court, could turn into a procedural complication in the middle of the proceedings.

A Special Question: Withdraw a Pending Application and Re-file?

Since initiated proceedings do not transition to the new regime, for some projects the idea of withdrawing the application and re-filing it after the amendment takes effect arises—typically where proceedings are stalled by obstructions that the new regime would limit, or where a project over 10,000 m² would gain the status of a reserved construction.

This is a legitimate but costly consideration: it means the loss of the procedural progress made so far, a new administrative fee, the risk of interim changes in the area (new parties, changes to zoning documentation)—and it relies on a regime that does not yet exist and parts of which may be tested by the Constitutional Court. Do not do this without an individual legal assessment of the specific case file; in our practice, the prevailing recommendation is to complete pending proceedings and reserve the new strategy for projects that have not yet been filed.

Risk-Free Steps: What to Do Now in Any Scenario

Some steps will pay off no matter which choice is made. Finalise obtaining opinions and the EIA—their effects will carry over to the new regime. Have a legal assessment done to determine whether the project (including its phases and set of buildings) exceeds the 10,000 m² threshold—the entire strategy depends on this. Raise the standard of your documentation to the level required for joint proceedings, where defects cannot be rectified on an ongoing basis. In contracts—acquisition, loan, and supplier agreements—tie deadlines to the final legal effect of the permit, with a buffer for the transition period. And monitor the deliberations in the Senate: the final wording of the transitional provisions is the last piece of the puzzle, without which the decision cannot be finalised.

How to Make the Right Decision on Timing

The right decision on timing is not a gut feeling, but the outcome of a four-step process. Get a legal assessment of the 10,000 m² threshold, including phasing—this determines how significant the difference between the regimes is for your project. Take an inventory of the opinions you have obtained and their transferability to the new regime. Compare the two regimes for your specific project and specific area, not in general terms—the outcome depends on expected obstructions, financing pressures, and the relationship with the municipality. And prepare your decision conditionally ("we will file under the old system if... / we will wait if..."), so that it only needs to be confirmed, not created from scratch, after the final version of the law is published. For pending proceedings, the question of withdrawal should also be considered—but only with an individual assessment of the specific case file.

These are precisely the analyses our Prague-based legal team is currently preparing for developers. Are you deciding when to file? Email us at consultation@arws.cz with the basic parameters of your project and its preparation stage—within a few days, you will receive a specific recommendation, including the conditions under which we would change it.