When Smaller Czech Construction Projects Trigger Mandatory EIA

When and why a project is subject to an Environmental Impact Assessment

Environmental Impact Assessment (EIA) is not just administrative paperwork for mammoth construction projects. Act No. 100/2001 Coll., on Environmental Impact Assessment, clearly determines which projects must undergo this process under Czech legislation. The goal is to ensure that constructions and activities will not have an unacceptable impact on the surrounding environment, water, soil, air, flora, and fauna.

In the Czech Republic, regulation is strict and is based on Directive 2011/92/EU of the European Parliament and of the Council. The purpose of the process is to obtain an objective expert basis for issuing subsequent permits and to ensure that impacts on the environment and public health are taken into account.

Lawyers from the Prague-based ARROWS law firm daily handle projects where investors were mistaken about what the EIA requires. The result often poses a risk of high fines, construction halts, and years of legal disputes. In practice, the rules seem simpler than they actually are, as the law contains a number of exceptions and conditioning factors.

Categorization of projects

The problem begins with how projects are categorized under Annex No. 1 to Act No. 100/2001 Coll. Under Czech legislation, projects are classified into two main categories:

• Category I (Projects always subject to assessment): These are major constructions, such as oil refineries, nuclear power plants, motorways, airports with long runways, or large chemical plants. If your project falls under Category I, it must automatically undergo the full EIA process.

• Category II (Projects requiring a screening procedure): This includes smaller but still significant projects – breweries, wind power plants, warehouse complexes, shopping centers, or parking lots. Projects in Category II are not automatically subject to a full EIA, but must undergo a screening procedure.

Sub-threshold projects

The third group consists of sub-threshold projects that do not reach the limit values listed in Category II. This includes, for example, smaller warehouses or constructions whose parameters remain below the established thresholds (e.g., a warehouse hall under 6,000 m² of built-up area).

Attention – there is a risk here as well. A sub-threshold project is subject to a screening procedure if:

1. It reaches at least 25% of the relevant limit value, and

2. At the same time, it is located in a (National Park, Protected Landscape Area) or its protective zone.

This is precisely where developers make mistakes, as the situation seems simple to them because the project is below the limit. The relevant authority may decide that even a sub-threshold project requires a screening procedure if it meets the conditions and could have a significant impact on the environment.

When a project changes – the risk of a subsequent EIA

One of the greatest risks comes later, when an investor decides to expand, modernize, or technologically modify a project. This is where the concept of a project modification comes into play. If an EIA was issued for the original project and the client now wants to expand the construction, they must pay close attention.

The key rule under Section 4 of the Act is:

3. Modification reaching the limit value: If the capacity increase itself reaches the limit value according to Annex No. 1, the modification is subject to a screening procedure.

4. Modification reaching 25%: If the modification has a lower capacity but reaches at least 25% of the capacity of the original project and the authority decides that it may have a significant impact, it must undergo a screening procedure.

In practice, we encounter stories where an investor's project came to a standstill because they expanded operations beyond the tolerance limit without the authorities' knowledge. The result can be a suspension of operations, fines in the millions of CZK, and complex legal proceedings for subsequent permits. The Czech legal team at ARROWS law firm will help you navigate this modification safely.

The salami-slicing method – why it is prohibited

The term "salami-slicing method" refers to a practice where a large-scale project is split into smaller parts, and each part is assessed separately. This practice is prohibited by EU case law as well as decisions of the Czech Supreme Administrative Court.

Practical example: A developer plans a logistics park with a total built-up area of 15,000 m². To avoid a screening procedure, they split the project into three halls of 5,000 m² each and submit an application for each separately over time.

If the authorities prove a functional and spatial connection, they will classify such conduct as bypassing the law. This carries the risk of permit cancellation and the requirement to conduct a retroactive EIA, which is economically and temporally devastating for the investor.

Czech practice is strict regarding the salami-slicing method, and courts repeatedly confirm that functionally or structurally linked constructions must not be assessed in isolation. The decisive factor is the actual functional connection and cumulative impacts. The Prague-based ARROWS law firm will help you ensure that your project is designed in compliance with the law.

The EIA process in practice – what to expect

If you are subject to an EIA process, several phases await you.

Phase 1: Project notification

First, a project notification is submitted to the relevant authority (regional authority or the Ministry of the Environment). The notification is prepared by an authorized person and must contain details about the project, its location, capacity, and anticipated impacts.

Phase 2: Screening procedure

For Category II projects and modifications, a screening procedure takes place, where the authority usually has a 45-day limit to issue a conclusion. The authority examines whether the project could have a significant impact on the environment.

The result is a screening conclusion, which determines whether the project is not subject to further assessment or if it proceeds to a full EIA. Here, the screening of the impact on the Natura 2000 network (Section 45i of the Nature and Landscape Protection Act) also plays a role.

Phase 3: EIA documentation and expert opinion

If an EIA is required, you must arrange for the preparation of the EIA documentation by an authorized person. This is followed by publication, comments from the public and affected authorities, after which the authority commissions an independent expert opinion.

For constructions near Natura 2000 sites, a so-called Natura assessment may also be required. This evaluates the impact on Sites of Community Importance and Special Protection Areas.

Phase 4: Binding opinion

The process culminates in the issuance of a binding EIA opinion by the relevant authority, which is an essential basis for subsequent proceedings. The validity of the opinion is 7 years and can be extended under certain conditions.

Timeframe

The screening procedure usually takes 2–3 months. If it proceeds to a full EIA, the process from notification to the binding opinion typically takes 6 to 12 months, and even longer for complex projects.

Lawyers from the Prague-based ARROWS law firm routinely handle these processes and help prevent delays. Write to us at consultation@arws.cz.

Table of key risks and how ARROWS helps you

Specific examples – when you will be subject to an EIA

To better understand where the line is drawn, let's look at the limits under Annex No. 1 to Act No. 100/2001 Coll. under Czech legislation. These limits are crucial for developers.

Commercial and warehouse complexes

For commercial complexes and shopping centers, as well as warehouse complexes, a limit of 6,000 m² of built-up area applies. If you have a hall project with 5,000 m², you are generally not subject to a mandatory screening procedure, provided you are not in a protected area.

Parking lots and garages

A separate category consists of parking lots or garages, where the limit is set at 500 parking spaces. If you are building an office building with garages for 550 cars, you fall under the EIA, even if the building itself does not meet the limit.

Residential development

Apartment buildings themselves do not have a direct area limit set in the law like warehouses, but they can fall under so-called urban development projects. The limit here is often 5 hectares of project area, but beware of locations in protected areas.

Wind power plants

For wind power plants, the limit is very low; sources with a capacity higher than 500 kWe or a tower height exceeding 35 meters are subject to a screening procedure. In essence, every modern industrial wind turbine is subject to this limit.

Modifications in industrial operations

If you have a manufacturing plant and want to increase capacity, the rule on modifications applies. Increasing capacity above the limit or by more than 25% (if the limit is already exceeded or if the modification has a significant impact) triggers the process.

Obligation to verify – how to proceed safely

If you plan any significant construction project, you should conduct a legal audit even before you start spending large sums on a designer.

Step 1: Identify your project

Clarify the exact parameters, such as built-up area in m², number of parking spaces, production capacity, or height of the construction.

Step 2: Compare with Annex No. 1 to the Act

Compare your project with the limits in Annex No. 1 to Act No. 100/2001 Coll. and find out whether you fall under Category I, Category II, or if you are below the limit.

Step 3: Consider sub-threshold projects and location

If you are below the limit, verify whether you are located in a specially protected area (PLA, NP) or a protective zone. If so and you reach 25% of the limit, you must submit a notification of a sub-threshold project.

Step 4: Contact a lawyer

Before submitting an application to the authority, consult the procedure with experts. The Prague-based ARROWS law firm will conduct a legal assessment for you and recommend a strategy.

Unified Environmental Binding Opinion (JES)

With the entry into force of the new Building Act and the Unified Environmental Binding Opinion Act (No. 148/2023 Coll.), the processes are integrated. The Unified Environmental Binding Opinion (JES) consolidates a number of previously separate administrative acts in the environmental field.

If your project is subject to an EIA, the output of the EIA process (binding opinion) serves as a binding basis for issuing the JES, or is integrated into it. Lawyers from the Prague-based ARROWS law firm will help you navigate the JES system and the new building permit proceedings.

Detailed overview table (Category II – screening procedure)

Conclusion

Environmental Impact Assessment plays a key role in the permitting process, as you cannot obtain a building permit without a proper EIA opinion. You thus risk high sanctions and the devaluation of your investment.

The rules are not trivial, and bypassing the law does not pay off. The boundaries between categories, the rules for project modifications, and the specifics of protected areas require expert knowledge.

Lawyers from the Prague-based ARROWS law firm handle EIA projects every day and we know where the most common mistakes lie. The Czech legal team at ARROWS law firm handles EIA projects every day. If you are planning a construction project, do not hesitate to contact us at consultation@arws.cz.