Air Pollution Risks: Suspension of Construction and Operations in Czechia (2026)

Mgr. Karel Huneš
Mgr. Karel Huneš
17.3.2026 | ARROWS law firm

Air pollution can be a specific legal ground for authorities to suspend your construction project or operations in the Czech Republic. You may face an unexpected decision that halts production or results in multi-million fines. In this article, you will learn how this risk works under the 2026 legislation, how it is monitored by the inspection authority, and what preventive steps you can take.

In the image, we see a lawyer providing a consultation regarding the suspension of construction works due to air pollution.

Quick summary

  • The building authority and air protection authorities in the Czech Republic have the right to prohibit construction or suspend operations if they find that the siting of the structure or its operation worsens air quality beyond the permitted limit.
  • A fine for breach of obligations under Czech air protection legislation can reach up to CZK 10 million and may be combined with a decision effectively stopping the activity.
  • Inspections focus on whether the operating rules match reality, and shortcomings in documentation lead to sanctions.
  • The attorneys at ARROWS advokátní kancelář regularly handle cases involving threatened shutdowns and help clients proactively prepare the required documentation under Czech law.

Legal grounds for prohibiting construction or suspending operations

The power to prohibit construction or suspend operations is based on two key regulations under Czech law: the Air Protection Act and the new Building Act. Both sets of rules are interconnected and, for stationary sources of pollution, leave no room for circumventing the requirements.

The building authority must, ex officio, assess whether the project is consistent with public interests, which include environmental protection. This is not a voluntary review but a statutory duty under Czech legislation. For most projects, the basis is the Unified Environmental Opinion (JES), which includes the position of the air protection authorities. If this opinion is negative, the building authority will not issue the permit.

Once operations are underway, supervisory bodies step in—primarily the Czech Environmental Inspectorate (ČIŽP) and the regional authorities. They have the right to carry out an inspection and, if they identify a serious breach, issue a decision to suspend the operation of a stationary source.

If you are already operating and the inspectorate measures emissions above the limits, it may order the source to be shut down. This directly affects your business economics and your ability to meet commercial obligations. If, during the permitting process, you fail to demonstrate that you will meet emission limits, the building authority will not permit the construction at all.

Related questions on the legal basis 

1. Does the building authority have to prove that the construction pollutes, or do I have to refute it?
In the permitting phase in the Czech Republic, the burden of assertion and the burden of proof lie with you. You must submit expert documentation and a dispersion study demonstrating that the project will not impose an excessive burden on the surrounding area. If you do not submit the documents or they are insufficient, the authority will reject the application.

2. What happens if I discover myself that the operation exceeds the limits?
You are obliged to bring the source into compliance with the regulations. For listed sources, you must report emergency situations or exceedances of limits to the competent authorities. Self-reporting and actively addressing the issue is a mitigating circumstance when determining the amount of the fine under Czech law.

3. Do the same rules apply to small buildings and large factories?
The principles are the same, but the regulatory regime differs. Large sources require a specific operating permit, and the largest polluters fall under integrated prevention regulation (IPPC). Small sources have a simpler regime, but they must also comply with emission limits and are subject to inspections in the Czech Republic.

When the inspectorate or authority will intervene

Czech law gives authorities the power to intervene in several typical scenarios. Below are the most common situations that the attorneys at ARROWS advokátní kancelář deal with in practice.

Incorrect siting in relation to ambient air quality limits

Structures that are a source of pollution must be sited so that their operation does not cause ambient air quality limits to be exceeded in the surrounding area. For nitrogen dioxide, for example, this is 200 µg/m³; for particulate matter PM10, the daily limit is 50 µg/m³. Project preparation often includes a dispersion study. If the model shows that your plant will cause limits to be exceeded in the nearest residential area, the air protection authority will not issue a positive opinion.

Missing permit to operate the source

This is a critical error at the final approval stage (occupancy approval) in the Czech Republic, where you complete the construction but the technology qualifies as a listed source of pollution. An operating permit is a necessary condition for issuing the occupancy approval decision under the Building Act. Without this permit, the building authority will not grant occupancy approval. If you were to start production without it, you would be committing an administrative offence with a fine of up to CZK 10 million, and ČIŽP may immediately suspend your operations.

Failure to comply with emission limits during operation

You have a permit and operating rules, but reality is different. ČIŽP carries out measurements and finds that you are releasing more pollutants than permitted by Czech law or by the conditions of the permit. In such a case, the inspectorate will impose a fine and corrective measures. If you do not remedy the situation within the set deadline, or if environmental damage is at risk, it may issue a decision to suspend the operation of the stationary source.

Non-compliance with the building permit or the JES

If, during an inspection, the building authority finds that the construction is being carried out contrary to the approved documentation or the conditions of the JES, it will call on you to stop the works. This often concerns, for example, installing a different type of boiler with worse parameters. If you do not comply, you face fines under the Building Act of up to CZK 2 million. In serious cases, this may also result in the forced removal of the unauthorised part of the construction.

Enforcement of decisions in practice

If an authority decides to stop construction or suspend operations, that decision is legally enforceable in the Czech Republic. Failure to comply with such a decision has severe consequences:

  • Enforcement fines: For non-compliance with the prohibition, the authority may impose coercive fines repeatedly until compliance is achieved.
  • Physical shutdown: The building authority may, in cooperation with the Police of the Czech Republic, prevent access to the construction site, or, in cooperation with energy suppliers, order disconnection from utility networks.
  • Criminal liability: Operating a source in breach of regulations may meet the elements of the criminal offence of Damage and Endangerment of the Environment under Czech criminal law.

The economic impact of a shutdown is immediate. Each day of downtime generates losses, contractual penalties from customers for failure to deliver goods, and costs of legal representation.

Integrated permit (IPPC)

For large industrial companies, the Integrated Prevention Act applies in the Czech Republic. These operations require an integrated permit (IPPC), which sets not only emission limits but also the obligation to use Best Available Techniques (BAT). Breaching the conditions of an integrated permit is sanctioned very strictly. The inspectorate may impose a fine and, in extreme cases, decide to suspend the operation of the installation if the operator fails to comply with the permit conditions.

Risk / Sanctions

How ARROWS can help (office@arws.cz)

Blocked occupancy approval: The Building Authority will not issue the occupancy permit because the permit to operate a pollution source or a positive opinion is missing.

Comprehensive preparation and remedying deficiencies: We will secure the missing operating permit from the Regional Authority, help complete the documentation, and handle negotiations with the authorities in the Czech Republic.

Fine up to CZK 10 million: The Czech Environmental Inspectorate (ČIŽP) imposes a fine for exceeding emission limits or operating without a permit under Czech legislation.

Administrative defence: We will represent you in misdemeanour (administrative offence) proceedings in the Czech Republic.

Shutdown of operations: A decision to suspend operation of the pollution source until remedial measures are implemented.

Crisis management: We will immediately file an appeal or a motion for interim measures.

Inability to sell the business: Unresolved environmental burdens and legal defects prevent the sale of a company or real estate.

Legalisation and Due Diligence: We will carry out a legal audit, propose steps to rectify the situation, and ensure the business is legally compliant under Czech law.

Operating rules not matching reality: A fine for operating rules that do not reflect the actual technical condition or are not complied with.

Compliance audit: We will review your operating rules and permits.

Procedural aspects of the authority’s decision-making

Permitting phase and the JES - since 2024, the Unified Environmental Opinion (Jednotné environmentální stanovisko, “JES”) has been crucial in the Czech Republic. The developer no longer has to approach individual authorities separately, but instead applies for the JES from the competent authority. This opinion is a binding basis for the Building Authority. If the JES says “NO” due to air protection issues, you will not obtain a building permit. ARROWS attorneys in Prague help clients prepare the supporting documents so that the JES is positive.

Who can you contact?

Trial operation - for technology-intensive buildings, the Building Authority in the Czech Republic often orders a trial operation. During it, authorised emission measurements are carried out, and only if the measurements demonstrate compliance with the limits can an occupancy permit be issued.

Operating rules - operating rules are not a formality, but a binding document approved by the authority. If the rules require a daily filter check and you do not have a record in the operating logbook, this constitutes a breach of Czech law.

Preventive steps

Prepare a high-quality dispersion study and expert opinion. Do not cut costs on experts, because a strong technical basis is an argument that the authority will find difficult to dismiss. Apply for the permit to operate a listed source in parallel with the building proceedings in the Czech Republic; do not wait until construction is completed.

Have your operating rules reviewed once a year to confirm they reflect reality and current Czech legislation. Laws change and limits become stricter, which is why an internal audit is essential. Knowing about the JES or IPPC risk in advance can save millions, so consult your investments with our Czech legal team.

Conclusion

Air pollution is an area where the Czech public administration acts uncompromisingly. The risk of stopping construction or operations is real and, in 2026, with an increased emphasis on environmental legislation, even higher.

Properly conducted legal defence can overturn a decision, reduce a fine, or buy time to remedy issues without having to shut down operations. The best strategy is prevention, flawless documentation, and compliance with the JES and the operating rules.

If you are dealing with an air pollution issue, contact us at office@arws.cz. We are insured up to CZK 400 million and have experience negotiating with Building Authorities and the Inspectorate in the Czech Republic.

FAQ – Most common legal questions on air pollution

1. Can the Building Authority prohibit construction solely based on neighbours’ assumptions about odour?
A neighbours’ complaint alone is not sufficient. The Building Authority must rely on objective materials such as measurements, studies, and opinions of the relevant authorities in the Czech Republic. However, odour nuisance is regulated and may be a reason to impose additional measures.

2. If I received a fine for emissions, can I appeal?
Yes, a decision of the Czech Environmental Inspectorate (ČIŽP) may be appealed to the Ministry of the Environment. In the case of a fine, the appeal has suspensive effect, and it is crucial to challenge the substantive correctness of the measurements or procedural errors.

3. What if I have an integrated permit and breach it?
A breach of IPPC conditions is a serious offence with an upper fine limit of up to CZK 10 million. The Inspectorate may order a restriction or shutdown of operations, so it is necessary to communicate with the authority immediately and propose a remedial plan.

4. What rights do I have during a ČIŽP inspection?
You have the right to be present, inspect the inspection report, comment on the findings, and request the taking of a control sample. Never sign the report if you disagree with its content without stating your objections in it.

5. I am selling a warehouse with a pollution source—does the permit transfer to the buyer?
In most cases, yes: the rights and obligations under the permit to operate a stationary source typically transfer to the new operator in the Czech Republic. However, the change of operator must be reported to the authority without undue delay.

Notice: The information contained in this article is of a general informational nature only and is intended for basic orientation in the matter, reflecting the legal situation as of 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client security we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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