Rok 2026 a nové stavební právo

The New Building Act: Why is it changing and what does it mean for your business?

However, the reality of its implementation is complicated. The technical systems for digitalization have faced criticism for errors and outages in their first months of operation. Many developers therefore actively tried to avoid the new system and submitted applications en masse under the old act.

For your business, this means one thing: the promised acceleration is not yet in sight, and the new system primarily brings new obligations and new risks of formal errors.

The recodification is based on three main pillars that you need to know:

1. Digitalization: The introduction of a central Builder's Portal.

2. Integration: The introduction of the Single Environmental Statement (JES).

3. Specialization: The creation of the Transport and Energy Construction Authority (DESÚ).

However, the reality of the implementation is complicated and brings new risks of delays and formal errors. The lawyers at ARROWS are already handling the first cases under the new legislation and will guide you through the pitfalls of transitioning to the new system. Do you need legal assistance with the new act? Contact us at consultation@arws.cz.

What is the Builder's Portal and how is it supposed to work?

The Builder's Portal is the key tool for digitalization. It is not just an online filing office. It is a central interface for all communication with authorities, submitting applications, uploading documentation, and monitoring the status of proceedings. It is fully integrated with the Land Registry and other basic registers. In an ideal world, it would fill in most of the data itself.

New requirements: E-stamp and metadata are key

For companies and developers, this means a fundamental change in the preparation of documentation. If the project is prepared by an authorized person (a designer/architect), the documentation must be submitted only in electronic form.

But simply uploading a PDF is not enough. The documentation must bear the designer's qualified electronic signature and, above all, a qualified electronic time stamp. A mere scan of an old paper project design is invalid.

Furthermore, the technical requirements for precise data formats and so-called metadata (descriptive data about files) are defined by a new implementing decree (e.g., Decree No. 190/2024 Coll.). An error in the format or metadata can lead to the formal rejection of the entire submission.

The reality of implementation: Why did developers submit applications "the old way"?

Although the vision of digital proceedings is appealing, the reality is different. In the first few months, developers and officials alike reported serious technical problems, system malfunctions, and missing templates.

This creates a dangerous trap for builders: they must adhere to highly rigid technical requirements for digital submissions, but they have to submit them to a system that is not fully reliable itself. The risk of delay or rejection due to a technical error is high.

Despite the portal's technical problems, you remain fully responsible for the formal correctness and completeness of the digital submission. Our team will ensure that your digital submissions are formally flawless and technically prepared according to the latest decrees. We will prepare documentation that protects against rejection.

This is a real problem that the professional community has criticized. However, the risk of missing a deadline is usually borne by the applicant. We recommend having legal support to prove the submission attempt and to handle crisis situations.

JES: Really just one stamp?

A major promise of the act is the Single Environmental Statement (JES). This is a crucial integration tool. Instead of dozens of different permits, opinions, and statements, a single JES is now supposed to be sufficient.

The JES integrates impact assessments from many different acts – for example, the Act on the Protection of Nature and Landscape, the Forest Act, the Water Act, or the Air Protection Act. Depending on the complexity, it is issued by regional authorities, municipalities with extended powers (ORP), or the Ministry of the Environment.

Beware of exceptions: When the JES is not enough and the process gets complicated

But there is a major catch that is rarely mentioned. The methodological guidelines of the Ministry of the Environment clearly state that the JES does not replace administrative acts in areas with the highest level of protection.

If your project affects a specially protected area (ZCHÚ), a site of Community importance (EVL), or a special protection area for birds (the NATURA 2000 network), the process has not been simplified for you. On the contrary. You will have to conduct two separate proceedings:

1. Proceedings for the issuance of the JES (for all other impacts).

2. Separate proceedings for a so-called joint decision under the Act on the Protection of Nature.

For developers and companies whose projects are often located near these sensitive areas, there is a risk of fatal delays if they are not aware of this duality.

DESÚ: A new partner for key infrastructure

The second major change is the establishment of the Transport and Energy Construction Authority (DESÚ). This new special authority takes over the agenda of so-called reserved constructions.

If you are planning to build a motorway, railway, transmission system, or, for example, a power plant with an output of over 100 MWh, your partner will no longer be a regular building authority, but rather the DESÚ.

We have experience with complicated permitting processes. Our lawyers will analyze your project and determine whether a JES is sufficient for you, or if it is necessary to conduct a more complex, two-track proceeding.

New processes (JES, DESÚ, Digitalization)

The biggest trap of the new act: Are you facing a CZK 400,000 fine for an old office?

Paradoxically, the biggest risk of the new Building Act does not only concern new projects, but all property owners – including companies that have owned their buildings for decades.

An obligation that affects everyone: The Building Passport

The new act introduces an obligation for every building owner to keep its documentation, which must correspond to the as-built state of the building. If the documentation is missing (e.g., it has been lost) or does not correspond to reality, the owner is obliged to procure a so-called building passport – a simplified documentation of the actual state.

A problem inherited from previous owners

And now for the most important part: this obligation also applies to all alterations made by previous owners. Do you have a partition wall in your office building that was not in the original plans? Did the previous owner carry out a loft conversion or a small extension and "forget" to get it approved? All of this is now your problem.

A CZK 400,000 fine and blocked financing

Failure to comply with this obligation – i.e., if you do not keep the documentation or if the documentation does not correspond to reality – carries a fine of up to CZK 400,000 for owners. Moreover, this discrepancy constitutes a legal defect that can complicate the sale of the property or obtaining bank financing.

A new paradox in M&A: You are buying the property along with the risk

Furthermore, the amendment introduces an absurd situation that is critical for M&A transactions. The act has abolished the seller's obligation to hand over the building documentation to the buyer.

In practice, this means that the act simultaneously:

1. Imposes an obligation on you as the new owner to have the documentation in order (under threat of a CZK 400,000 fine).

2. Abolishes the obligation of the person selling you the property to give you this documentation.

In every real estate transaction or M&A, it is now necessary to verify the conformity of the documentation with the actual state; otherwise, you are buying a hidden liability and the risk of a six-figure fine. We conduct complete due diligence of real estate and ensure the preparation of building passports that will protect you from penalties.

Obligations of owners and developers

International dimension: The Act as a signal for investors

As mentioned, the new Building Act is seen as a positive signal for foreign capital. But a foreign investor needs more than just a signal; they need a local partner who knows the local legislative traps – whether it's the exceptions in the JES or the risks hidden in building passports.

Thanks to the ARROWS International network, built over ten years, we handle cross-border development, financing, and acquisitions for international corporations on a daily basis. We understand their expectations, but at the same time, we protect them from local risks.

For foreign clients, we are a partner who understands their expectations for speed but can protect them from the specific risks of Czech legislation. Moreover, we can not only represent clients legally but also connect them with each other in case of interesting investment or business opportunities.

What if my project started under the old rules? Transitional provisions in practice

The introduction of the new act is accompanied by the chaos of transitional periods. Many clients ask what will happen to their projects that are already in progress.

Submitted by 30 June 2024? Section 330 is decisive

The key provision is Section 330 of the new Building Act. It states that proceedings and procedures initiated before the effective date (i.e., by 30 June 2024) will be completed according to the existing legal regulations.

This is also the reason why building authorities faced a flood of new applications before this date. Developers wanted to secure the old, familiar, and functional process instead of experimenting with the new, technically unstable system.

And what about projects in progress?

For projects that were in progress but not yet submitted, Section 329 applies. It allows (under certain conditions) the use of project documentation prepared under the old rules in proceedings initiated up to 30 June 2027.

For clients, this means two types of risks: Those under the old regime must ensure that authorities do not start illegally applying the new rules to them. Those under the new regime need legal assistance in dealing with the system's technical shortcomings.

Transitional periods are the most legally complex. We provide legal opinions on ongoing proceedings and protect you from unlawful actions by the authorities.

ARROWS: Your partner for construction law and development

The recodification of construction law is a complex change that affects every company that owns real estate and every investor. We have a long history of providing legal services to more than 150 joint-stock companies and 250 limited liability companies, and we pride ourselves on the speed and high quality of our services.

Our team of experts in real estate and construction law is ready to ensure that the transition to the new rules is as smooth as possible for you.

We provide comprehensive legal services in this area:

• Preparation and review of contracts (with contractors, designers, subcontractors).

• Representation before courts and administrative bodies (including the DESÚ and in disputes over the JES).

• Preparation of complete documentation for proceedings, including building passports and internal guidelines.

• Legal consultations and opinions that protect against fines and penalties.

• Securing licenses, permits, and statements (JES).

• Expert training for your management and project teams with a certificate.

Whether you are handling a large development project or need to ensure your corporate properties comply with the new act, our lawyers are ready to help you. Get in touch with us and receive a tailor-made legal solution.