Legalization of Unauthorized Constructions under the New Building Act

What are "Illegal Constructions"?

In practice, these are most often houses and cottages built without a building permit, or extensions and reconstructions that exceed the scope of the original permit.

Removal of the Construction

When the Building Authority discovers an illegal construction, it will initiate proceedings for its removal. The existence of illegal constructions is generally not subject to a statute of limitations, so removal proceedings can be initiated many years after their completion. In addition to the risk of having to remove the building, you will also be fined up to CZK 2 million. In protected areas, such as national parks, this amount can climb to as much as CZK 4 million.

How to Legalise an Illegal Construction?

Legalising an illegal construction is a way to avoid having to remove it. For an illegal construction to be legalised, you, as the builder, must apply for a retrospective building permit. This application for a retrospective permit must be submitted on the prescribed form, including all necessary annexes. But be careful - if removal proceedings have already been initiated, you must submit the application for a retrospective permit no later than 30 days from the initiation of the removal proceedings.

A timely application will cause the proceedings for the removal of your construction to be suspended until a decision on the retrospective permit is made. Be aware that if your application for a retrospective permit is rejected, it is not possible to apply for it again, and the Building Authority will order the removal of the construction.

For a construction to be legalised at all, you must first meet general conditions, such as the construction's compliance with the zoning plan and legal regulations. A retrospective permit for an illegal construction must also not require an exemption under other legal regulations, for example, in relation to the protection of plants and animals, or due to a requirement for a construction exemption, such as setback distances and noise levels.

You must then prove that a decision granting an exemption is not required in your case. However, there is an exception to this requirement, which is the consent of the neighbours. It is important to realise that the consent of neighbours often plays a key role, especially if the construction is located too close to the property line. If you provide the neighbours' consent, you can avoid having to apply for exemptions, which could otherwise make legalisation impossible.

Another condition is the timely payment of the fine imposed for carrying out the construction without a permit.

Conclusion

Compared to the previous legislation, the requirements for a retrospective building permit have thus been tightened, which should lead to greater motivation for builders to carry out their construction projects in accordance with Czech legal regulations. However, it should be noted that compared to the original draft of the new Building Act, its final version saw a significant relaxation of the conditions for a retrospective permit, which would have been almost impossible under the original draft of the new Building Act.