Parcel Lockers, Logistics Buildings and the Building Act

The New Building Act: A Framework for Logistics, E-commerce, and Technical Infrastructure

The New Building Act No. 283/2021 Coll. governs the powers of building authorities, zoning, and sets out the basic objectives and requirements for construction. The Act is explicitly aimed at the integrated protection of public interests when permitting structures. As of 1 July 2024, the Act is fully effective for all projects, with modernised implementing regulations also in force.

A key concept in the new Building Act is the "project," which refers to a structure, a set of structures, equipment, maintenance of a completed structure, or a change in land use. The Act thus covers not only the construction of a logistics centre but also minor changes on the premises if they meet the definition of a structure. The decision as to whether a specific project falls into one of these categories has a major impact on the timeline and budget.

The term "structure" itself is understood as a construction work that is created by construction or assembly activities from building products for the purpose of use at a specific location. A product performing the function of a structure, such as a mobile home or a modular office unit, is also considered a structure. The difference between a classic structure and a product performing the function of a structure is therefore primarily in the technological process of its creation.

The new Building Act also introduces a single project permit proceeding in place of the previous division into zoning and building permit proceedings. From the developer's perspective, this is a single integrated proceeding in which the opinions of the affected authorities are applied in the form of binding opinions. The Act sets fixed procedural deadlines for issuing a decision, generally 30 days for simple structures and 60 days for other projects.

Digitalisation is a key element of the new legislation. The developer submits the application for a project permit and all project documentation electronically via the Builder's Portal. This tool allows for remote access to the proceedings and online monitoring of the processing status. At the same time, however, digitalisation places extraordinary demands on the flawless formal quality of the project documentation.

In this context, it is clear that the practical reality of the new Building Act requires a thorough preliminary analysis. It is necessary to assess precisely whether a particular object is a structure, a product performing the function of a structure, equipment, or a non-construction product. It is recommended to discuss all these issues with experts before submitting an application to minimise the risk of rejection.

Parcel Lockers: When the Building Act Applies and When It Does Not

Self-service parcel lockers have become an integral part of the urban space and the premises of e-commerce players. According to the official methodology of the Ministry of Regional Development, a standard parcel locker cannot be considered a structure or a product performing the function of a structure. From a legal perspective, a parcel locker is a classic engineering or technological product that is simply installed on-site.

The purpose and technical characteristics are decisive for assessing whether it is a product performing the function of a structure. Products performing the function of a structure replace classic structures and are intended for human occupancy, housing, or function as full-fledged warehouses. A parcel locker, on the other hand, serves exclusively as an unattended automated terminal for dispensing parcels.

This conclusion brings considerable simplification for operators, but it does not mean that the placement of lockers is not subject to any legal rules. The installation of a parcel locker must be in accordance with the municipal zoning plan, which may restrict the placement of such elements. Significant limits apply in heritage reservations, heritage zones, or protected areas.

It is also crucial to distinguish the locker itself from the construction work and technical infrastructure necessary for its operation. If a parcel locker requires a connection to the power grid via an underground cable for its operation, this cable connection already constitutes a structure. If the locker is powered exclusively by an integrated solar panel, this construction-law complication is eliminated.

A similar situation arises if the parcel locker is integrated directly into the building's perimeter wall, which constitutes a structural alteration. Structural alterations do not require a permit only if they do not interfere with load-bearing structures and do not change the appearance or fire safety. If the installation of the locker required the removal of part of a load-bearing wall, it is necessary to obtain a project permit.

In 2026, the legal situation is stabilised on the interpretation that the locker itself is a non-construction product. However, any related structural alterations, the construction of paved areas underneath it, or the laying of cable routes must be assessed in strict compliance with the Building Act.

Logistics Structures: Warehouses, Prefabricated Halls, and Transhipment Hubs

While parcel lockers are predominantly non-construction products, logistics structures represent classic construction projects. Warehouse halls, logistics centres, transhipment hubs, and handling areas are categorised under the law with the aim of grading the complexity of the permitting processes. The new Building Act divides structures into four categories: minor, simple, reserved, and other.

Minor structures are defined in Annex No. 1 to the Building Act and do not require a project permit. In logistics areas, however, these structures often cannot be classified as minor because they do not meet the condition of being related to housing or exceed the specified limits. An exception are some specific technical infrastructure structures if they meet the dimensional parameters.

Simple structures are defined in Annex No. 2 to the Building Act. Standard warehouse halls intended for industrial and commercial activities are not considered simple structures. The vast majority of commercial logistics halls fall into the category of other structures, which requires a standard and full project permit proceeding.

Reserved structures represent strategic state infrastructure, and their permitting falls under the jurisdiction of the Transport and Energy Building Authority (DESÚ). If a logistics project includes a large multimodal transhipment hub connected to the national railway network, part of the project may be permitted by this specialised authority.

Most standard warehouse halls and logistics parks fall into the category of other structures. These structures require a full project permit proceeding. If a logistics area is of a significant scale, it is subject to an Environmental Impact Assessment (EIA) before the building permit proceeding itself, which is a necessary basis for the project permit.

A specific topic in logistics are prefabricated halls and warehouse tents, which investors often perceive as temporary solutions not requiring a permit. However, the new Building Act clearly states that the decisive criterion for the permit requirement is not the construction technology. If a prefabricated hall is permanently located on a plot of land for storage purposes, it is a structure.

The new Building Act also integrates environmental protection directly into the permitting process. As part of the project permit proceeding, the building authority assesses the protection of nature and the landscape based on binding opinions from the relevant authorities. Public participation is maintained in cases where there is an impact on protected interests under the Act on the Protection of Nature and Landscape.

Connecting Parcel Lockers and Logistics Structures to Technical Infrastructure

A safe and reliable connection to utility networks is a fundamental prerequisite for the operation of any logistics area and individual parcel lockers. From a legal perspective, this area involves a convergence of building law regulations with the Energy Act and the Electronic Communications Act. The correct classification of service connections determines the need to undergo a permitting process.

According to Annex No. 1 to the Building Act, connections to technical infrastructure up to 50 m in length are classified as minor structures. These connections do not require a project permit, which significantly facilitates the connection of parcel lockers. However, if the connection exceeds 50 m in length, it falls into the category of simple or other structures, which requires a permit.

When connecting large logistics areas, investors are faced with the need to build extensive relocations of utility lines. These projects often require the establishment of easements on third-party land. Without documenting contracts for the establishment of an easement or the consent of the owners of the affected land, the building authority will not issue a project permit for the utility networks.

In the case of parcel lockers integrated into buildings, the technical connection is usually handled by the building's internal distribution systems. Here, it is necessary to ensure that the installation complies with fire and inspection standards. If the installation of the distribution systems were to require fundamental changes to the building's fire safety design, it is necessary to discuss these modifications with the Fire Rescue Service.

The contractual securing of connections to infrastructure represents a significant economic risk. The relationship between the operator of the parcel locker network and the landowner must be covered by a robust contract that defines responsibility for the technical condition of the connection. For logistics parks, these issues are addressed through comprehensive connection agreements.

Zoning, Municipal Regulation, and the Risk of "Unauthorised" Structures

The new Building Act prioritises the absolute compliance of any project with zoning and planning documentation. A municipality's zoning plan is a legally binding document that strictly defines the functional use of land. No structure or facility may be in conflict with this definition, otherwise the building authority will not issue a permit for the logistics centre.

A major new feature and risk is that even minor structures, which are otherwise not subject to any permit, must comply with the zoning plan. If a developer builds a small shelter in a logistics area that is located in conflict with the functional use of the land according to the zoning plan, it is an unauthorised structure.

The definition of an unauthorised structure is set very strictly in the new Building Act. An unauthorised structure is considered to be a structure carried out without a permit, in conflict with it, or in conflict with the zoning plan. If the building authority discovers the existence of an unauthorised structure, it is obliged to initiate proceedings ex officio to order the removal of the structure.

Compared to the previous legislation, the new Building Act has extremely tightened the conditions for the subsequent permitting of an unauthorised structure. According to Section 254 of the Building Act, the building authority can subsequently permit an unauthorised structure only if the developer cumulatively meets all legal conditions, including proving that they acted in good faith.

The procedural-legal condition of proving good faith represents an almost insurmountable obstacle for commercial developers and logistics companies. Professional entrepreneurs in the logistics industry can find it very difficult to argue good faith when carrying out unauthorised structural alterations. If good faith is not proven, the authority will reject the application for subsequent permission.

Penalties for infringements by legal entities are graded in the new Building Act according to the severity and type of structure. For carrying out a project without a permit or in conflict with it, a fine of up to CZK 10,000,000 is threatened for reserved and other structures. This also applies to most commercial warehouse halls and logistics areas.

The risk of unauthorised structures significantly affects the transaction value of real estate in sales and acquisitions. If it turns out after an acquisition that some halls or shelters were built without a permit, the responsibility passes to the new owner. This can result in claims for legal defects in the property or demands for a reduction in the purchase price.

Procedural Risks, Penalties, and the Entrepreneur's Defence

The procedural defensibility of an entrepreneur in proceedings before building authorities depends on strict adherence to procedural deadlines. If the building authority initiates infringement proceedings or proceedings to order the removal of a structure, the affected party has the right to comment on the basis for the decision, propose evidence, and raise procedural objections.

The key procedural tool for defence against a first-instance decision by the building authority is an appeal. The appeal is filed within 15 days from the date of notification of the decision to the superior authority through the building authority that issued the decision. A filed appeal generally has a suspensive effect in accordance with the Administrative Procedure Code.

If the superior authority dismisses the appeal and upholds the decision, the decision becomes final. An administrative action can be filed against a final decision with the competent regional court under the Code of Administrative Justice. The administrative action itself does not have a suspensive effect, so it is necessary to file a motion to have it granted.

In a transactional context, the entrepreneur's defence is the consistent contractual allocation of risks. Purchase agreements for logistics properties must contain detailed representations and warranties from the seller confirming that all structures on the site have been duly permitted and that no inspection or penalty proceedings are pending against the properties.

The interconnection of building law with tax regulations brings additional risks. If a structure is classified as unauthorised and its removal is ordered, the costs of its construction and its subsequent forced removal cannot be considered tax-deductible. The depreciation of assets as a result of demolition has a major impact on the balance sheet.

Cooperation with Lawyers: A Secure Regime for Parcel Lockers and Logistics Structures

The rules for parcel lockers, logistics structures, and the Building Act are highly complex. While parcel lockers as engineering products are not subject to the Building Act, their connection to infrastructure or integration into existing buildings requires compliance with specific legal obligations to ensure regulatory compliance.

Logistics structures are subject to the full regulation of the Building Act, which requires precise procedural management, compliance with the zoning plan, and coordination of environmental aspects. Legal experts specialise in both classic development projects and modern logistics concepts associated with parcel lockers and automation.

The services of specialists include the preparation and review of contractual relationships, legal analyses for the classification of construction projects, and representing clients in project permit proceedings. The goal of cooperation is to eliminate legal risks at the earliest possible stage of the project, protect clients' investments, and ensure that all logistics activities are carried out in full compliance with the law.

Final Summary

Self-service parcel lockers, industrial logistics structures, and the new Building Act represent an interconnected ecosystem that requires precise legal handling. The current legal situation in 2026 is based on the full effectiveness of the new Building Act No. 283/2021 Coll. and its implementing decrees.

It is key to remember that while parcel lockers themselves are not subject to the Building Act, their utility connections and the structural alterations of related buildings are. Logistics structures require rigorous categorisation and strict adherence to zoning plans under the threat of high fines and demolition orders with a minimal chance of subsequent permission.