Changing an Apartment Layout: SVJ Consent, Permits and Legal Risks

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.
9.4.2026 | ARROWS law firm

Are you planning to change your apartment’s layout, such as merging rooms or intervening in load-bearing walls? You will need to obtain approvals from the Owners’ Association (SVJ) and have the structural integrity assessed. The path to a new living space involves legal and technical risks that can catch even experienced owners off guard. The attorneys at ARROWS, a Prague-based law firm, explain in this article what threats you may face and how to manage the entire process safely.

Quick summary

  • Changing an apartment’s layout may require the consent of the SVJ (the unit owners’ association) and, in certain cases, also a permit from the Building Authority in the Czech Republic. Overlooking these requirements may deprive you of the ability to use the apartment or lead to court proceedings.
  • Intervening in load-bearing structures or the common parts of the building involves serious legal and material risks under Czech law. Incorrect procedure can result in substantial fines and liability for damages.
  • Dealing with surprises—such as hidden installations or resistance from neighbours—can delay the project by months.

What changing an apartment’s layout means

Changing an apartment’s layout means a substantial reconstruction of its internal structure. This includes removing, moving, or adding walls, merging apartments, creating new rooms, or changing their size and purpose. In legal terminology, this process is referred to as a building alteration.

In the context of an apartment building, this is a complex matter because your apartment is not an isolated space. Each unit is part of a complex of common parts, such as load-bearing structures or utility lines. An intervention in an apartment therefore affects the entire building and the other owners.

What the legislation permits and what it prohibits

The key legislation is the new Building Act (Act No. 283/2021 Coll.) and the Civil Code (Act No. 89/2012 Coll.), which governs condominium co-ownership. The essential point remains that not everything that can be done physically is also legally permissible.

When you need a permit from the Building Authority

Under the current Building Act, it depends on whether the alteration affects load-bearing structures, changes the appearance of the building, or impacts fire safety. You will need a project approval (building permit) if you plan interventions in load-bearing structures or a change to the building’s appearance. Approval is also required for changes affecting fire safety or for expanding the apartment at the expense of common areas. In practice, it is worth obtaining a legal assessment of the project even before filing with the authority, typically within development and construction law.

Conversely, if you carry out building alterations that do not affect load-bearing structures and do not change the appearance of the building, the law generally does not require a permit. However, this does not relieve you of the obligation to comply with technical standards and obtain the consent of the SVJ. Legal advice from ARROWS, a Prague-based law firm, will help you determine which category your renovation falls into, so you can be confident that no one can challenge you for an “unauthorised construction”.

Owners’ consent and authority approval

Even experienced owners often make mistakes in this area, so it is necessary to distinguish between two types of consent. Consent within the building (private-law) is legally different from approval by the Building Authority (public-law).

The consent of the person responsible for managing the building (typically the SVJ) is required under the Civil Code whenever you intervene in load-bearing structures or change the appearance of the building. The consent of all owners is necessary if the size of the share in the common parts changes. We summarise details on the SVJ’s obligations and what will change for apartment buildings in the coming years in the article Unit Owners’ Association (SVJ): New SVJ obligations in relation to apartment buildings from January 2027. Project approval is then issued by the Building Authority as an instrument of the state. 

Key legal risks and penalties when changing an apartment’s layout

Risks and penalties

How ARROWS helps (office@arws.cz)

Refusal of project approval: The Building Authority rejects your application because documents are missing, the project documentation is defective, or the plan breaches building standards.

Preparation and review of documentation: Attorneys from ARROWS, a Prague-based law firm, in cooperation with designers, will ensure the documentation is in order.

Opposition from the SVJ or neighbours: The SVJ committee or neighbours refuse to give consent, whether for justified or unjustified reasons.

Negotiations with the SVJ and owners: Attorneys from ARROWS, a Prague-based law firm, will negotiate terms with the SVJ committee, explain the legal framework, and look for solutions.

Carrying out construction without a permit (unauthorised construction): If you build without the required permit, you expose yourself to a fine and an obligation to restore the apartment to its original condition.

Legal and construction-law advice: ARROWS attorneys in Prague will clarify whether your planned change requires a permit and help you obtain it.

Compromising the building’s structural integrity and safety: Demolishing a wall without a structural engineer can damage the building’s stability and you may face liability for damages.

Contractual arrangements with experts: ARROWS, a Prague-based law firm, can help set up contracts with designers and structural engineers so that their responsibility is clearly defined.

Breach of technical standards: Changing the layout without checking electrical installations, gas, or water may lead to breaches of ČSN standards.

Expert legal assessments: We will help ensure that contracts for work include obligations to comply with current standards and to provide inspection reports.

Consent within the building and practical obstacles

The Civil Code provides that for an alteration to an apartment that affects the common parts, you need the consent of the person responsible for managing the building. At this stage, theory often collides with the reality of relationships within the building.

Who must consent and why

As a rule, the statutory body of the Owners’ Association (SVJ)—i.e., the committee or the chair—decides. However, if the alteration affects the common parts in a way that changes the internal arrangements, the SVJ’s bylaws may require the consent of the assembly of unit owners. An extreme situation arises if you change the floor area of the apartment, for example by incorporating part of a corridor. This changes the co-ownership shares of all owners in the building, and an agreement of all affected owners on an amendment to the owner’s declaration is required.

Practical risks when seeking consent

In practice, things are complicated because neighbours may not vote rationally, and some consent disputes last for years. During this time, your project is put on hold and the money invested in preparations is effectively frozen. If the dispute over consent escalates, it may be appropriate to handle the matter as a commercial and litigation dispute, especially where it concerns substituting a declaration of intent or reviewing a decision of an SVJ body. The lawyers at ARROWS, a Prague-based law firm, regularly handle such disputes and know how to work with dissatisfied neighbours. We can draft the request so that it complies with the bylaws and Czech law, and, if necessary, replace consent with a court decision.

Related questions on legal consent

1. What happens if the SVJ refuses consent without giving reasons?
The unit owner may apply to the court to review the decision of the SVJ body. The right to modify your own apartment is strong, but it must not endanger others.

2. Do I need written consent, or is verbal consent enough?
Always insist on written form or minutes from the assembly meeting. For construction works themselves, it is also useful to know what can be done without notification or a permit and when a design is already required—see Apartment renovations without a permit: What can be done without notification/permit and when a design is already required. Verbal consent is not provable in the event of a dispute.

3. Does the situation change if the owner changes?
SVJ consent is tied to the unit and the intended works, not necessarily to the person; however, if the owner changes during the process, the supporting documents must be updated.

Structural integrity, safety, and hidden risks

At this point, the legal issues intersect with the construction and technical reality. Load-bearing elements of the building, such as slabs and load-bearing walls, are common parts of the building even if they are located inside your apartment.

Where problems are hidden

A common surprise during design is discovering that a wall considered to be a partition has a stiffening function for the entire building. The designer (a licensed structural engineer) must then propose adequate measures, which increases the cost of the works. Another risk is carrying out the works contrary to the design, where the contractor simplifies the procedure. If the structural integrity is compromised, you are primarily liable as the owner and the builder, including vis-à-vis the authorities.

Structural assessment

You cannot do without a licensed structural engineer when intervening in load-bearing structures, because a structural calculation is a mandatory annex to the application for a project permit. We always recommend archiving all documentation, including permits, designs, and structural reports. Risks arising from breaches of structural integrity and building standards

Risks and penalties

How ARROWS helps (office@arws.cz)

Cracks and damage in neighbouring apartments: Construction works cause cracks in neighbours’ units, who then sue you for damages.

Representation in litigation: ARROWS lawyers will represent you, defend your rights, and pursue recourse claims against the construction company.

Fine from the building authority: The authority finds that you are building without a permit or contrary to it, and the fines can be substantial.

Representation in administrative proceedings: ARROWS lawyers will represent you in dealings with the authority and help minimise penalties.

Insured event and refusal by the insurer: The insurer may reduce or refuse payment if the damage arose from unprofessional works.

Negotiations with the insurer: ARROWS lawyers negotiate with insurers and help enforce the claim for payment.

Order to remove the works: The building authority may order the apartment to be restored to its original condition if the works endanger safety.

Legal defence: We look for ways to obtain a retrospective permit for the works, where technically possible.

Common parts of the building and what is permitted

An apartment building is a legally complex whole: you own your apartment, but you are a co-owner of the common parts. These are defined in Section 1160 of the Czech Civil Code and in Government Regulation No. 366/2013 Coll.

Which changes to common parts are problematic

An apartment owner must not, without consent, arbitrarily appropriate or alter common areas. Problematic examples include expanding the apartment at the expense of a common corridor or interventions in the external envelope of the building. Interventions in vertical service risers or replacing windows also require permission if their appearance changes.

Who can advise you on this issue?

Common installations and liability

If, during the renovation, you damage a common riser or gas line, you are liable for the resulting damage. This is why, before any major works, it is recommended to carry out a thorough survey of utility routes.

Project permit and procedural details

Building permitting has undergone major changes in recent years due to digitalisation and the introduction of the Builder’s Portal. Today, the process is generally conducted as proceedings for a project permit.

  • When to file an application - you submit the application for a project permit via the Builder’s Portal or in paper form. This obligation applies if your alteration falls under works requiring a permit, such as interventions in load-bearing structures.
  • Supporting documents and documentation - the building authority will require documentation for the project permit prepared by an authorised professional and consents from the relevant authorities. Consent of the building owner is also required; in the case of an SVJ, this means evidence of the right to carry out the works.

The fact that the documentation looks fine on paper does not yet mean the authority will approve it without reservations. Authorities may have specific requirements that ARROWS lawyers know how to anticipate and prevent.

Liability, insurance, and potential risks

As the builder, you bear responsibility for preparing and carrying out the works in compliance with Czech law, as well as for damage caused to third parties. Hiring a construction company does not fully relieve you of liability, especially public-law liability. Liability insurance is essential because if you carry out the works yourself, the risks are yours. If you hire a contractor, insist in the contract that it has business liability insurance in place.

Contracts and documents

A high-quality contract for work is an absolute necessity, because a template downloaded from the internet will not protect you sufficiently. The contract should include a precise scope of work, a fixed price, and completion deadlines. The warranty period and the contractor’s obligation to maintain insurance are also important.

The lawyers at ARROWS, a Prague-based law firm, can help you draft and review contracts so that they truly protect you. Contact us at office@arws.cz.

Conclusion

Changing the layout of an apartment is a complex process that requires obtaining the consent of the homeowners’ association (SVJ) and often also a permit from the Building Authority. You must engage a structural engineer and have all contracts properly in order, otherwise you risk significant fines and disputes.

The lawyers at ARROWS, a Prague-based law firm, deal with these matters on a daily basis and know how to protect your investments. We know how to communicate with the authorities and the SVJ, and how to set up watertight contracts. Want peace of mind? Email us at office@arws.cz.

FAQ – Most common legal questions about changing an apartment layout

1. Do I need a permit from the Building Authority even if it is only a minor change?
It depends on whether you are interfering with load-bearing structures, changing the appearance of the building, or affecting fire safety. Standard masonry partitions in an apartment can often be altered without a permit, but technical standards must always be complied with.

2. How long does it take to obtain approval for the project?
The Building Act sets time limits, typically 30–60 days for simple structures, but in practice it depends on the authority’s workload. With a well-prepared application from professionals, the process can be significantly accelerated.

3. What happens if I build “illegally”?
The Building Authority may initiate proceedings to remove the structure and impose a fine. At the same time, you expose yourself to the risk of lawsuits from neighbours and problems if you decide to sell the apartment in the future.

4. Who is responsible for structural integrity?
An authorised designer is responsible for the correctness of the design, and the contractor, together with their site manager, is responsible for proper execution. As the investor, you must ensure that these persons hold the relevant authorisations.

5. Can my neighbours prohibit the renovation due to noise?
Renovations involve noise, which neighbours must tolerate to a reasonable extent. However, you must comply with night-time quiet hours and the rules set out in the house rules; otherwise, neighbours may defend themselves by filing a neighbour dispute claim.

Notice: The information contained in this article is of a general informational nature only and is intended for basic guidance on the topic under the legal framework as of 2026. Although we take maximum care to ensure 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 are insured for professional liability 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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