Zoning Plan Amendments Under the New Building Act: Process and Pitfalls

24.3.2026 | ARROWS law firm

An amendment to the zoning plan is essential for developers, but it is a legally demanding route to delivering projects, requiring an understanding of procedural obligations and proper timing. In this article, the attorneys from ARROWS, a Prague-based law firm, explain what happens in the spatial planning process under the new Building Act and how to avoid mistakes.

In the image, we see specialists consulting on an amendment to the zoning plan.

Reasons for an amendment to the zoning plan
Related questions on a development project and an amendment to the zoning plan
Who decides on the amendment and the rules of the process
How to properly initiate an amendment
Stages of the amendment process
Planning agreement and its risks
Related questions on the planning agreement and the risks of the process
Building moratorium and options for defence

Quick summary

An amendment to the zoning plan is not just administration: It is a political and legal negotiation in which the municipality has a legitimate interest in protecting its infrastructure.
Procedural details are crucial: A poorly drafted proposal to initiate an amendment, or failure to involve the relevant authorities, may lead to the plan being annulled by the courts. Courts are highly sensitive to procedural compliance.
A planning agreement is a tool: If it is not set up correctly, it can become a source of complications when permitting the project. Asymmetrical obligations are a common cause of disputes.
JES and a building moratorium are risks: If your project is exposed to complex environmental impact assessment procedures within or to a building moratorium, it can freeze the project for years.

Reasons for an amendment to the zoning plan

Every developer faces the same question: what can I actually build in this area? The answer lies in the zoning plan, a document issued by the municipality that is binding for decisions on permitting a project under Czech law. If your project is not consistent with this plan, you will not obtain a permit.

In practice, a developer often has an attractive plot of land and an economic study promising a high return. However, the developer’s land is designated for agriculture or for low-density housing, while they are planning a large apartment building. This is where the legal path to amending the plan begins.

The new Building Act (Act No. 283/2021 Coll.) has opened up new options for developers, in particular in the form of the so-called shortened procedure for preparing an amendment. Amending a zoning plan is no longer merely a matter of an understanding between the developer and the mayor; it is governed by specific rules that all participants must follow precisely.

The attorneys at ARROWS, a Prague-based law firm, know how municipalities think, which arguments work, and what can cause the entire project to be sent back to square one. We deal with these matters every week and know the procedural pitfalls of the process.

When you cannot do without an amendment

Do you have land designated in the plan as agricultural land but want to build apartments there? Do you have land designated for housing but want to open manufacturing there? Or do you have an area designated for civic amenities but want to use it for mixed use with offices and residential space? All of these situations require an amendment to the zoning plan. The municipality will want to know what benefits it, its residents, and public infrastructure will gain from it.

Who decides on the amendment and the rules of the process

Unlike a project permit, which is issued by the building authority based on clear criteria, an amendment to the zoning plan is decided by the municipal council. This is crucial because it is not a purely expert decision, but a political one, and the council has discretion as to whether it will procure the amendment.

Under the Building Act, the municipality must monitor the implementation of its plan and, if necessary, amend it, most often on the basis of a report on its implementation. If a developer needs an amendment sooner, they must trigger negotiations.

This is where the planning agreement comes into play, a public-law contract under Section 130 et seq. of the Building Act. The agreement precisely defines what the parties expect from each other, for example, infrastructure funding by the developer and cooperation provided by the municipality.

If the agreement later ends up before a court, the court will examine whether it is consistent with the public interest and whether the municipality has not exceeded its powers. An agreement on cooperation in the process of preparing an amendment must be approved by the municipal council, which opens space for political manoeuvring.

Hierarchy of legal regulations

One of the most common surprises for developers is that their project is not only in conflict with the local zoning plan. There is a hierarchy in which the Regional Principles of Spatial Development (ZÚR) and the Spatial Development Plan (ÚRP) stand above the municipal plan. The entire project is sent back to the beginning because the municipal plan cannot conflict with the regional one, and if your project conflicts with the ZÚR, you will not obtain a project permit. This has happened many times where a developer relied solely on an agreement with the municipality.

How to properly initiate an amendment

When deciding to amend the plan, you must realise that there are two basic routes for developers. Either you submit an initiative to procure an amendment, or you use the more efficient tool under the new Building Act: a proposal to procure an amendment to the zoning plan via the shortened procedure.

A proposal may be submitted by a public authority, a resident of the municipality, or a natural or legal person with ownership rights. If you are a developer and want to amend the plan in a municipality where you are not based, you must have a legal title to the relevant land or building, or authorisation from the owner.

Under the shortened procedure, the proposal is prepared and financed by the proposer—i.e., you. It must include the statutory requirements, such as identification of the proposer, the proposed amendment including justification, and opinions of the nature protection authorities. The law requires that the project documentation for the amendment be prepared by an authorised designer, which your architect cannot do without the relevant authorisation. It seems simple, but in practice there are many details.

Advantage of the shortened procedure

Unlike the previous framework, where you had to wait for the cycle of amendments, the new Building Act allows you to initiate the accelerated procedure virtually at any time. The key point is that you prepare the proposed amendment yourself through an authorised professional and submit it to the municipality as a completed package.

If the documentation is not complete, the municipality will not decide on the proposal and the process will stop—which is a developer’s nightmare. This gives you control over the quality and speed of preparing the supporting documents. The attorneys at ARROWS, a Prague-based law firm, balance legal theory with practical reality every day. We understand the psychology of local politicians and when it is better to proceed via the accelerated procedure.

Stages of the amendment process

An amendment to the zoning plan goes through several key stages. Knowing these stages is essential so you understand what lies ahead and when it is time to act.

Decision to initiate the amendment

The municipal council must decide whether it will initiate the amendment at all and adopt a resolution to commence it. From this moment, an important rule applies: the municipality may issue a building moratorium. A building moratorium is a risk for developers and, under Section 124 of the Building Act, it is issued only for the strictly necessary period. Although the law sets boundaries, in practice, if complications arise, it may take several years before the new plan is adopted.

Public hearing and comments

In the accelerated procedure, once the draft is prepared and assessed, a public hearing is scheduled. The draft is made available for public inspection and served by public notice. Anyone may submit comments, from future neighbours to environmental associations. Pay close attention to the deadlines here, because under the new Building Act, comments must be submitted no later than 7 days from the date of the public hearing.

This deadline is very short and is preclusive, so anyone who misses it is out of luck. It is a critical moment in the entire process. The attorneys at ARROWS, a Prague-based law firm, often ensure at this stage that comments against your project are properly assessed from a legal perspective.

Opinions of the affected authorities

In parallel, the affected authorities provide their opinions—these are administrative bodies protecting public interests, such as the nature protection authority or the regional authority. In 2026, a key role is played by the JES (Unified Environmental Opinion), which integrates most environmental approvals. If the JES or another authority issues a negative opinion, the plan amendment cannot be adopted in that form.

Approval of the plan by the municipal council

If the comments have been assessed and the affected authorities agree, the draft goes to the municipal council for the final vote. The municipality adopts the zoning plan amendment in the form of a Measure of a General Nature.

Legal effect and the risk of judicial challenge

The amendment becomes effective on the 15th day after the public notice is posted and becomes binding. However, this opens a one-year period for judicial review under Section 101b of the Code of Administrative Justice. Anyone who claims their rights have been infringed may file a motion with the regional court to annul the measure of a general nature.

The court will examine whether the process was followed in accordance with the law and whether the solution is proportionate. If the court finds an error, it will annul the plan amendment or part of it, and the project returns to the beginning.

Planning agreement and its risks

The new Building Act, in Section 130 et seq., regulates the planning agreement in detail. It is a public-law contract that provides a clear framework for the relationship between the developer and the municipality and now has an explicit statutory basis.

However, a planning agreement is also a source of risk if it is not set up correctly. Typically, you agree on the developer’s contribution to public infrastructure, the municipality’s obligations to provide cooperation, and the developer’s commitment to proceed with the project.

Impact assessment and environmental opinion

One of the most complex aspects is environmental impact assessment (EIA) and strategic environmental assessment (SEA) when amending a plan. In 2026, the situation is affected by the Single Environmental Opinion (JES), which consolidates up to 26 previous administrative acts into one. This simplifies the process, but it also concentrates the risk, because if you do not obtain a positive JES, you cannot proceed.

Which project is subject to EIA?

The Environmental Impact Assessment Act (Act No. 100/2001 Coll.) distinguishes between projects that are always subject to EIA and projects that require a screening procedure. Typically, these include larger residential complexes, car parks, or shopping centres.

If the authority decides that the project may have a significant impact on the environment, a full EIA must be carried out. This means preparing documentation by an authorised person, an expert opinion, and a public hearing, which may extend to 6–12 months. The binding EIA opinion is valid for 7 years with the possibility of extension and is now often part of the JES for priority developments.

The attorneys at ARROWS, a Prague-based law firm, routinely assist clients with the legal aspects of the EIA process and with checking the completeness of the supporting documents. We also help defend against obstructive objections raised by associations.

Contact our experts:

Mgr. Karel Huneš

associate

hunes@arws.cz

Mgr. Daniela Sobotková

junior associate

sobotkova@arws.cz

Building moratorium and defence options

A building moratorium is a measure of a general nature that prohibits or restricts construction activity in the affected area. The aim is to prevent activity that could make future use under the prepared plan more difficult or impossible.

Duration and legal consequences

A building moratorium is imposed for the strictly necessary period. Although the law aims to ensure it does not last forever, in practice, during the preparation of a plan amendment it may last for years, during which a project permit cannot be issued and the value of the land is temporarily reduced.

How to defend yourself

Comments on the draft moratorium may be submitted within 7 days of the public hearing on the draft. If the moratorium is disproportionate or lasts unreasonably long without any activity by the municipality, a motion to annul it may be filed with the court. The Building Act also allows, in justified cases, an exemption from the building moratorium to be granted, which is decided by the municipal council.

Amendment of the zoning plan and your construction project

When the municipality amends the zoning plan in line with your needs and the plan becomes legally effective, you have the green light for the next steps. Under the new Building Act, the dual-track system of zoning proceedings and building permit proceedings no longer exists.

For most projects, there is a single project permitting procedure, in which the building authority assesses compliance with the zoning plan. Compliance with general construction requirements and binding opinions is also assessed.

Even at this stage, participants may enter the proceedings and raise objections. However, if you have successfully gone through the zoning plan amendment and have well-prepared documentation, your position is significantly stronger.

The attorneys at ARROWS, a Prague-based law firm, work on a comprehensive strategy and coordination of the entire permitting process at these stages.

Conclusion

Amending a zoning plan is one of the most demanding processes in development. If you manage it properly, you will obtain a legal basis for your project; but if you underestimate it, you may lose the funds you have invested.

We can help you prepare a strategy, negotiate with the municipality, draft contracts, and represent you in proceedings. The attorneys at ARROWS, a Prague-based law firm, have long focused on this area and we know how to avoid mistakes.

ARROWS advokátní kancelář is insured for damages up to CZK 400,000,000, which guarantees our liability for the services provided. If you want to ensure that your project has the right legal foundation, email us at office@arws.cz to arrange a consultation.

FAQ – Most common legal questions on developers and zoning plan amendments

1. How long does the entire zoning plan amendment process take?
Thanks to the shortened procedure, an amendment can be achieved faster, typically within 12–18 months if there are no complications. Under the standard procedure, it usually takes longer. The attorneys at ARROWS, a Prague-based law firm, can help you with the timeline.

2. Do I have to enter into a planning agreement with the municipality?
There is no direct statutory obligation, but the municipality may condition the preparation of the amendment on concluding such an agreement, especially regarding reimbursement of costs and a contribution to infrastructure. Without it, the process often does not even start.

3. What replaced zoning and building permit proceedings?
The new Building Act introduced project permitting proceedings. It is a single procedure resulting in a single permit.

4. What happens if the court annuls the zoning plan amendment?
The plan or its part ceases to be valid on the date the judgment becomes final. If you do not yet have a final project permit, the building authority cannot permit the project if it conflicts with the original status.

5. Who pays the costs of the plan amendment?
If the amendment is initiated by a developer through the shortened procedure for their exclusive project, the costs of preparing the draft and mapping documents are usually borne by the developer. This is typically addressed in the planning agreement.

Notice: The information contained in this article is of a general informational nature only and is intended for basic guidance on the issue as of the legal status in 2026. Although we take utmost care to ensure the accuracy of the content, 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 damage arising from the independent use of the information in this article without prior individual legal consultation.

Read also:

Risks and sanctions	How ARROWS helps (office@arws.cz)
Judicial annulment of the plan: Due to procedural errors or conflict with the law, the court annuls the plan.	Strategy and preparation of documentation: ARROWS provides oversight of the process, ensures proper handling of comments, and minimises the risk of judicial challenge.
Building moratorium: The municipality issues a ban on construction for the “strictly necessary period”, which may be several years.	Defence against a building moratorium: We represent clients in submitting objections to the proposed moratorium and, if necessary, in proceedings to have it annulled by the court.
Invalid planning agreement: A poorly drafted agreement may be invalid due to conflict with the law (exceeding the municipality’s powers).	Drafting and review of agreements: We will prepare an agreement under Section 130 of the Building Act that is balanced and legally enforceable.
Issues with JES/EIA: Neglecting environmental assessments leads to the project being rejected.	Legal support on environmental matters: We will assist with the process of obtaining the Unified Environmental Opinion.
Financial contribution without a cap: Unclear rules for contributions.	Negotiations with the municipality: We will negotiate fair terms for the developer’s contribution in line with the municipality’s Principles for Cooperation with Investors.