Legalization of "Black Buildings" under the New Building Code
Author of the article: Mgr. Alice Dajčarová, LL.M., MSc., Attorney at ARROWS
Building a cottage or house extension without the necessary permits may seem like a small problem that will be solved in time. But the opposite is true. According to the "new" Building Code (Act No. 283/2021 Coll.), the procedure against so-called "black buildings" is stricter than ever before. What exactly does the term "black building" mean, what are the penalties and how can a building be legalized? Let's take a closer look.
What are "Black Buildings"?
Simply put, a black building is a building, alteration or landscaping that has been carried out without the relevant permission from the building authority or in breach of the permission granted. This includes structures such as small garages, pergolas or greenhouses which would not normally require planning permission but which, if carried out, would be in contravention of current legislation or, for example, a development plan.
In practice, these are most often houses and cottages built without planning permission, or extensions and renovations that go beyond the scope of the original permission.
Removal of a building
If a black building is found, the building authority will initiate proceedings for its removal. The existence of black buildings is not, in principle, time-barred, so removal proceedings can be initiated even many years after their completion. In addition to the risk of having to remove the building, you will also be fined up to CZK 2 million. In protected areas, such as national parks, this amount can be up to CZK 4 million.
How to legalize a black building?
Legalizing a black building is a way to avoid having to remove the building. In order for a black building to be legalised, you, as the builder, must apply for an additional building permit. This application for an additional building permit must be submitted on a prescribed form, including all necessary attachments. But beware - if the removal proceedings have already been initiated, you must submit the application for an additional permit within 30 days of the initiation of the removal proceedings.
An untimely application will cause the removal proceedings for your building to be suspended, pending a decision on the additional permit. Note that if your application for a supplemental permit is denied, you cannot reapply and the building official will order the removal of the structure.
In order for the building to be legalised at all, you must first meet the general conditions, such as the building's compliance with the zoning plan and legal regulations. You may also not need exemptions under other legislation, for example, in relation to plant and animal protection, or because of the requirement to allow exemptions to the development, such as setbacks and noise, in order to get additional permission for a black building.
You must then demonstrate that an exemption decision is not required in your case. But there is an exception to this requirement too, and that is if you have the consent of your neighbours. It is important to note that neighbour consent often plays a key role, particularly if the building is too close to the property boundary. If you provide evidence of consent from neighbours, you can avoid having to apply for exemptions, which could otherwise make legalisation impossible.
Another condition is the timely payment of the fine assessed for carrying out the construction without permission.
Conclusion
Compared to the previous legislation, the requirements for additional building permits have thus been tightened, which should lead to greater motivation for builders to ensure that construction projects are carried out in accordance with the legislation. It should be noted, however, that compared to the original draft of the new Building Act, the final version of the new Building Act has considerably relaxed the conditions for additional permits, which would have been almost impossible under the original draft of the new Building Act.