Jak přeměnit sklady, haly či jiné objekty na byty nebo kanceláře

Have an Old Barn or Warehouse? A New Purpose Requires a New Permit

According to the Building Act, any building may only be used for the purpose for which it was officially approved. This is not a mere formality; this principle ensures that the building meets the specific technical, safety, and hygiene standards for the given type of operation. A change in the use of a building is therefore not just about physical reconstruction, but a comprehensive legal process.

Under Czech legislation, a change in use is considered not only the conversion of a warehouse into offices, but also changes in operational equipment or production methods that could endanger the environment or public health. The entire process is now governed by the new Building Act No. 283/2021 Coll., which, while introducing digitalisation and simplification, also introduces new requirements and stricter penalties.

At ARROWS, we specialise in development and real estate law and daily help clients like you successfully navigate their visions through the complex permitting process.

Before You Start Drawing Up Plans: Is Your Project in Line with the Zoning Plan?

Before you invest hundreds of thousands in an architectural study, it is absolutely crucial to verify whether the intended new use complies with the municipality's zoning plan. This strategic document bindingly determines what types of activities—whether residential, commercial, or industrial—are permitted in individual zones.

Ignoring this step can lead to the immediate rejection of the project by the Building Authority, regardless of the quality and sophistication of the project documentation. The zoning plan is a superior document by which the authority is bound. For an investor, this means that the initial review must not only concern the physical condition of the property, but above all its legal potential.

If your project is not in line with the zoning plan, it is possible to submit an initiative to amend it. However, you should be aware that this is a lengthy and politically sensitive process involving municipal council meetings and public hearings, with the outcome never guaranteed.

Not sure if your project complies with the zoning plan? Our Prague-based lawyers will prepare a legal analysis for you and assess the feasibility of your project, saving you time and money.

The Permitting Process Step by Step: From Application to Final Stamp

With the new Building Act, the entire process is moving to a digital environment. The Builder's Portal is becoming the central point for submitting applications and all communication. Although paper submissions are still possible, the future is digital and requires specific electronic formats for documentation.

The basic document is the Application for a Permit for a Change in the Use of a Building, the form for which is set out in Annex No. 13 to Decree No. 149/2024 Coll. The application must contain a precise identification of the building, a description of the current and new purpose of use, and a justification for the intended change and its consequences.

Several key documents must be attached to the application:

• Building documentation: This is not a simple sketch. It must be formal documentation, often from a certified designer, which shows the existing state and clearly marks the changes brought about by the new purpose of use. Its content is specified by Decree No. 131/2024 Coll.

• Building passport: If the original plans are missing, it is necessary to have this simplified documentation of the actual state drawn up, which must be verified by the Building Authority.

• Binding opinions and consents: The application must be supplemented with opinions from the concerned authorities and, if the rights of third parties are affected, their consents as well.

The standard deadline for processing a complete application is 30 days, but it can be extended for more complex cases. For simple and straightforward changes, a so-called fast-track procedure can be used, where the authority issues the permit as the first step in the proceedings.

Key Players in the Game: Which Authorities Must You Convince?

The Building Authority does not decide alone in the process. Its role is to coordinate and collect binding opinions from so-called concerned state administration authorities. A negative opinion from a key authority can halt the entire project, which is why communication with them is absolutely essential.

The most important concerned authorities include:

• Fire Rescue Service (FRS): Converting a low-risk warehouse into offices or apartments with a high concentration of people fundamentally changes the fire safety requirements. This requires the preparation of a new Fire Safety Design by a specialist. The so-called
  fire load is assessed, and it is necessary to ensure sufficient fire resistance of structures and escape routes.

• Regional Public Health Authority: Public health officials assess the impact on public health. For the conversion of an industrial hall into apartments, they will address sun exposure, noise, ventilation, or waste disposal—factors that were irrelevant for the original purpose.

• Environmental authorities: A Unified Environmental Statement (JES) has been newly introduced, integrating up to nine previously separate permits and thus becoming one of the most important points of the entire process.

• Other authorities: Depending on the location and nature of the project, it may also be necessary to obtain an opinion from heritage conservationists, the Rail Authority, the Civil Aviation Authority, and others.

A change of use often requires costly construction modifications to make the building comply with a completely new set of technical standards. Careful preparation and coordination with experts is therefore the foundation for the financial and time efficiency of the project.

Specific Pitfalls: From Historic Buildings to International Investors

Some projects carry specific legal challenges that need to be addressed with extraordinary care.

If your building is a cultural monument or is located in a conservation area or reserve, the process becomes significantly more complicated. The state heritage authority comes into play, and its binding opinion is key. All modifications must respect the historical value of the building, which often means strict restrictions on the materials used, the appearance of the facade, or interventions in the structures.

It is worth noting that the process for permitting a change in the use of a building is essentially the same for foreign and domestic owners. Thanks to our ARROWS International network, built over ten years, we handle cases with an international element on a daily basis and provide comprehensive services to foreign clients investing in the Czech Republic.

However, it is important to remember that in addition to building law, Act No. 34/2021 Coll., on the Screening of Foreign Investments, may also be relevant. This act does not apply to the ordinary purchase of real estate, but it can be triggered if the investment is associated with economic activity in sensitive sectors, such as critical infrastructure, military material, or dual-use technologies.

During the reconstruction itself, it is crucial to have correctly drafted contracts with suppliers. You can find more about this service on our website in the Development & Construction Law section.

When Re-Permitting Fails: Penalties and How to Avoid Them

Using a building in a manner inconsistent with its permitted use is an administrative offence, for which significant penalties may be imposed. Ignoring legal obligations is definitely not worth it.

The new Building Act in Section 301 defines specific fines:

• Using a building in violation of the occupancy permit is subject to a fine of up to CZK 1,000,000.

• Using a building without an occupancy permit where one is required can result in a fine of up to CZK 400,000.

However, a financial penalty is not the only risk. The Building Authority has the power to issue a decision prohibiting the use of the building, which can mean an immediate and devastating shutdown of operations for a company. Although the case law of the Supreme Administrative Court confirms that penalties should be aimed at socially harmful conduct, not minor deviations, one cannot rely on this interpretation.

Turn Your Vision into Reality with Legal Certainty

Changing the use of a building is a complex strategic project that requires careful preparation, knowledge of zoning, technical regulations, and administrative procedures. It is not a mere formality, but a process that can fundamentally affect the success and return on your investment.

At ARROWS, we have extensive experience with similar projects, as evidenced by our portfolio of more than 150 joint-stock companies and 250 limited liability companies (s.r.o.). We pride ourselves on speed, high quality, and a business-oriented approach. We also actively help our clients connect with interesting investment and business opportunities.

No matter how ambitious your vision is, the right legal partner is the key to its successful and smooth realisation. At ARROWS, we are ready to guide you through the entire process.