May Newsletter for Real Estate Agents (and More)

What is changing?

A shed, greenhouse, or garden house usually falls into the category of minor structures, which do not require a permit from the building authority, and therefore no final approval. However, these structures must still be built in accordance with the zoning plan and the requirements of other legal regulations, such as construction requirements.

The problem arises if the structure is located less than 2 meters from the property line. In such a case, under current Czech legislation, it is not considered a minor structure and automatically falls into the category of other structures. This means a designer, documentation, final approval, and often a ban on self-build projects are required!

From 1 August 2025, a positive change is coming – according to an amendment to the Building Act, structures that are not classified as minor solely because they do not meet the setback distance requirement from the property line will now be classified as simple structures.

What does this mean in practice?

✅ The structure can be built as a self-build project (requiring the builder's professional competence or a construction supervisor)

✅ No implementation documentation is required

✅ No final approval is necessary

You will need a project permit and possibly an exemption permit, as you are building on the property line.

What should we recommend to clients?

If they are planning to build a shed, greenhouse, or other minor structure on their property line, recommend that they wait until August 2025 to start the proceedings. This will help them avoid unnecessary complications.

Practical advice: Preliminary information and when to use it.

As explained above, from August 2025, it will be possible to classify some structures on the property line as simple structures, which will significantly simplify their permitting process. But what should you do if you are unsure how the authority will assess your specific project? And how can you find out whether a project permit or an exemption from setback distances will be required?

It is in these situations that a so-called preliminary information request can help – a tool that allows you to obtain a statement from the building authority before the actual proceedings begin.

A preliminary information request is useful, for example, if you are planning to build near a property line and are unsure whether an exemption will be needed. Not every structure on the property line requires one – the decisive factor could be, for instance, the nature of the development in the area or special requirements under Prague or Brno regulations. A preliminary information request is also useful when you want to verify that the structure truly does not require a permit, thereby saving you additional costs and time.

The request for preliminary information is submitted on a prescribed form (available on the building authority's website or via the Builder's Portal) and must include a basic description of the project – its purpose, location, dimensions, and method of construction. The administrative fee is CZK 1,000, and the authority has 30 days from submission to issue the information.

Interested in more information from the world of construction law? We are preparing a workshop on the topic of illegal structures: “Illegal Structures in Real Estate Practice: What to (Not) Sell and How?” You can find details, dates, and registration on our website: www.pravopromaklere.cz.

Interested in how we help our clients? Take a look at our references and find out how we can help you too! See them HERE.