Žádost o změnu stavby před dokončením

Changing a Project Mid-Stream: Why the Correct Legal Procedure is Key

The fundamental rule set out by the Construction Act is: a builder is obliged to carry out construction in accordance with its permit. Ignoring this principle can lead to serious consequences, including hefty fines and, in extreme cases, a demolition order.

The Construction Act (Act No. 283/2021 Coll.) defines a "change to a structure before completion" as any change in the execution of the construction compared to its permit or verified documentation.

It is crucial to distinguish this concept from a "change to a completed structure," which applies to objects that have already received final approval and are in use, and includes specific modifications like extensions, additions, or structural alterations that preserve the external envelope of the building. This article focuses exclusively on changes made before final inspection and approval.

To properly understand the issue, it is necessary to grasp a few technical terms. Project documentation is not just a set of technical drawings; it is a legally binding document verified by the building authority that defines the form of the structure.

A building permit is not a single document but an umbrella term that can include the building authority's consent, the building permit itself, a public law contract, or even a notified entitlement to build.

Many investors and developers mistakenly believe that by paying for the project documentation, they acquire an unlimited right to use it. However, the reality under the Copyright Act (Act No. 121/2000 Coll.) is more complex. Project documentation is a copyrighted work, and its author, the architect, has inalienable moral rights, including the right to the integrity of the work.

Any change to the project thus requires not only the consent of the building authority but also the consent (license) of the original author. Without a properly drafted license agreement, the architect can block the changes and jeopardise the entire project.

At ARROWS, we understand that construction projects are living organisms. Our Prague-based lawyers help clients daily, from local developers to international corporations, navigate these processes to ensure their projects run smoothly, on time, and without unnecessary costs.

Substantial or Non-Substantial Change? A Decision That Affects Everything

How can you avoid problems? The key is to correctly distinguish whether the planned modification constitutes a substantial or non-substantial change. This decision is absolutely crucial as it determines the entire subsequent administrative procedure and its complexity.

Non-substantial deviations are changes that do not alter the structure's footprint or height, do not interfere with load-bearing structures, and do not change the building's appearance or its manner of use. Furthermore, they must not require an environmental impact assessment and must not concern a structure that is a cultural monument. 

A typical example might be moving a non-load-bearing partition, a minor change in the internal layout, or replacing a flooring material with another of comparable properties.

Substantial changes are essentially all other modifications. These include, in particular, any extension of the structure (addition, vertical extension), a change in the manner of use (for example, from residential to commercial), any intervention in load-bearing structures, or a visible change in the building's external appearance.

A different procedural approach applies to each type of change. Non-substantial changes can be dealt with in a simplified manner – sometimes it is sufficient to mark them in the as-built documentation, which you submit to the building authority only at the final inspection.

Even in these cases, however, we strongly recommend informing the building authority of the intention in advance to obtain legal certainty that the authority accepts your classification of the change.

Conversely, substantial changes require full-fledged proceedings for a change to a structure before completion. This process is governed, mutatis mutandis, by the rules for standard building permit proceedings and, in practice, represents a kind of "minor building permit proceeding."

Whether the change is substantial or non-substantial, there is one non-negotiable condition: any change must not conflict with the conditions of the original zoning decision or any other act that placed the structure in the given location. If the change also required a modification of the zoning decision, the process becomes significantly more complicated, and it is necessary to conduct a more complex joint proceeding.

Correctly assessing the nature of the change is the first and most important step. Our lawyers at ARROWS will prepare an expert legal opinion for you, giving you certainty about which procedure to choose and protecting you from the risk of choosing the wrong path and facing sanctions.

A Guide to the Proceedings for a Change to a Structure: How to Apply and What to Watch Out For

What should I do to meet my obligations? If you have concluded that your planned modification requires formal discussion with the building authority, you need to initiate proceedings for a change to a structure before completion. A correct and complete procedure is the key to a swift resolution.

The application can only be submitted by the builder or their legal successor. The timing is crucial:

you must always submit the application before implementing the intended change. Attempting to legalise an already completed modification through this institute is inadmissible. Such a procedure is considered the creation of an "unauthorised construction," and in such a case, the building authority will initiate proceedings for its removal.

The application is submitted to the competent building authority, with the most effective way being to use the Builder's Portal (Portál stavebníka). Standardised forms exist for this purpose, which facilitate the entire process.

In addition to general requirements, such as the identification of the builder and the structure, the application must primarily contain a detailed description of the changes and their comparison with the original permit and verified documentation.

An essential annex is the project documentation of the changes to the structure, or a copy of the original documentation in which the proposed changes have been marked by an authorised designer. It may also be necessary to provide new binding opinions from affected authorities (e.g., fire department, public health office, heritage preservationists) if their protected interests are affected by the change.

The proceedings themselves are governed, mutatis mutandis, by the rules for building permit proceedings. The participants are persons whose rights may be directly affected by the change, typically the owners of neighbouring properties. The deadlines for issuing a decision are standard under the Administrative Procedure Code – 30 days in simple cases and 60 days in more complex ones.

The completeness and correctness of the application are key to a quick permit. The ARROWS legal team will not only prepare the application itself for you but also coordinate with the designer and communicate with the affected authorities. We thus save our clients time and minimise the risk of delays in the proceedings. We can also arrange expert training for your project managers so they can prevent these risks.

Risks and Sanctions: What Are the Consequences of Deviating from the Permitted Project?

Underestimating the rules for changing a structure can have fatal consequences for a developer or investor. Under the new Construction Act (Act No. 283/2021 Coll.), carrying out any change without a permit or in conflict with it is considered an administrative offence, for which significant sanctions are threatened.

The new Construction Act has brought significant tightening in this regard. For carrying out construction without a permit or in conflict with it, both natural and legal persons face a fine of up to CZK 2,000,000. If the structure is located in a specially protected area, a protective zone, or is a project requiring an Environmental Impact Assessment (EIA), the sanction can climb to as high as CZK 4,000,000.

However, the financial penalty is not the biggest risk. The greatest threat is the fact that as soon as the building authority discovers an unauthorised change, it is obliged to initiate proceedings for the removal of the structure ex officio. This process represents an existential threat to the builder, which can result in an order to demolish part or even the entire structure, at their own expense.

The risks associated with unauthorised changes are too high to be underestimated. At ARROWS, we specialise in prevention – we help clients set up internal guidelines and processes that prevent such situations. And if a problem does arise, we have extensive experience in representing clients in administrative proceedings and minimising the threatened sanctions.

The following table summarises the most common risks and shows how they can be prevented with the help of experts.

The Emergency Brake: Retroactive Permits and Proceedings for the Removal of a Structure

What to do when a problem has already occurred and the building authority has initiated proceedings for the removal of your unauthorised structure or its change? Even in this critical situation, there is a chance for rescue in the form of an application for a retroactive permit. However, the new Construction Act (Act No. 283/2021 Coll.) has made this process significantly stricter.

A key change compared to previous practice is that the proceedings for the removal of a structure and the proceedings for a retroactive permit are now a single, joint proceeding. The building authority no longer suspends the removal proceedings and waits for the outcome of separate retroactive permit proceedings. Everything takes place within a single process, which puts enormous pressure on the builder for speed and precision.

In the notice of initiation of the proceedings for the removal of the structure, the building authority will inform you of the possibility to apply for a retroactive permit. You have a deadline of only 30 days for this step.

This 30-day deadline is preclusive (non-extendable), which means that by missing it, you definitively and irrevocably lose the opportunity to legalise the structure.

Moreover, the conditions for a successful retroactive permit are stricter than before. In addition to proving compliance with the spatial plan and other regulations, it is now a requirement that the structure does not require an exemption from construction requirements. This is a fundamental tightening that significantly limits the range of structures that can be retroactively permitted. Other conditions may include payment of an already imposed fine for the offence or proving so-called "good faith."

Facing proceedings for the removal of a structure is one of the most stressful situations for any developer. Thanks to our experience from dozens of similar cases and our deep knowledge of the new Construction Act, we can react immediately, submit a timely and flawless application for a retroactive permit, and effectively represent you before the building authority to avert the worst-case scenario.

The following table shows the critical risks that arise in these crisis proceedings.

The International Dimension and FIDIC Contracts: Are You Prepared for the Specifics of Large-Scale Projects?

For foreign investors and developers, Czech construction law presents a specific challenge. The permitting processes are often perceived as non-transparent, lengthy, and unpredictable. The fact that obtaining a permit for a standard residential building can take more than five years deters foreign capital, which then prefers to invest in countries with a more transparent environment, such as Poland or Romania.

Furthermore, for large international projects, especially in infrastructure and energy, the use of international FIDIC contract conditions is standard. These contracts have their own detailed system for managing project changes. A change in FIDIC terminology is called a "variation" and is governed by specific contractual procedures that may not correspond to local customs.

A key role in the process of approving changes and resolving claims is played in FIDIC contracts by the independent "Engineer." Their decisions and instructions have a fundamental impact on the course, cost, and deadlines of the project. To successfully manage such a project, not only knowledge of the Czech Construction Act is necessary, but also a deep understanding of FIDIC contractual mechanisms.

For our international clients, we are a partner who understands both the local specifics of Czech construction law and international standards like FIDIC. Thanks to our ARROWS International network, built over ten years, we handle projects with an international element on a daily basis and ensure the smooth implementation of even the most complex plans.

We are not just lawyers, but also business partners. We are happy to listen to your business ideas and, thanks to our extensive network of contacts, we connect clients with interesting investment and business opportunities, both in the Czech Republic and abroad.

Your Project Deserves a Partner Who Understands Both Business and Law

A change to a structure before completion is a complex process where technology, law, and business intersect. The new Construction Act has made the entire process stricter and places higher demands on builders and developers than ever before. In this environment, professional legal support is not an expense, but a key investment in protecting the value and successful completion of the entire project.

Our experience is based on long-term service provision for a portfolio of more than 150 joint-stock companies, 250 limited liability companies, and 51 municipalities and regions. We pride ourselves on speed, high quality, and a deep understanding of our clients' business.

The ARROWS law firm can provide you with comprehensive legal services in this area, including:

• Preparation or review of contracts (with architects, suppliers, according to FIDIC standards).

• Obtaining licenses and necessary permits, including permits for a change to a structure.

• Preparation of materials and documentation to protect you from fines and sanctions.

• Legal opinions and consultations to help you minimise risks.

• Representation before courts and administrative authorities, including crisis management of proceedings for the removal of a structure.

• Drafting internal guidelines for the effective management of your construction projects.

• Expert training for your employees and management, including certification.

Are you planning a project change, facing an inspection from the building authority, or even threatened with sanctions? Don't wait for a small problem to become a big one. Contact us today. Our specialists in construction law are ready to assess your situation and propose an effective solution tailored to your project.