How can you ensure that your property remains within developable areas?

Mgr. Karel Huneš
Mgr. Karel Huneš
8.4.2026 | ARROWS law firm

A plot designated as buildable in the zoning plan is not a permanent guarantee—municipalities can revoke it by amending the zoning plan, and your investment may be put at risk. This article will show you how to legally secure your rights, what steps to take to protect your interests, and how to prevent a situation where a buildable plot becomes non-buildable again.

The photo shows a specialist providing a consultation on the protection of a landowner’s rights.

Quick summary

  • The buildability of land is not permanent – municipalities in the Czech Republic can revoke it by amending the zoning plan. As a rule, you are entitled to compensation only if the revocation occurs before five years have elapsed from the effective date of the original plan.
  • The key protection is a final and binding permit for the project (previously a zoning decision or building permit) – once the owner obtains it, a subsequent amendment to the zoning plan cannot deprive them of the right to build.
  • Active participation in the zoning plan preparation process allows you to identify threats in time and defend yourself through comments or subsequent judicial review.
  • A planning agreement concluded with the municipality gives you significantly greater legal certainty and commits the municipality to certain steps to support your project.

Buildability of land and how it changes

When an owner purchases land designated as buildable in the zoning plan, they often believe this right lasts forever. The reality is different. The buildability of land is not immutable – the municipality may revoke, restrict, or significantly modify it by amending the zoning plan. 

This change may be driven by a number of factors: insufficient capacity of public infrastructure (water, sewerage), nature and landscape protection, changes in the municipality’s demographic development, or a new urban planning concept.

When deciding to reduce buildable areas, municipalities often find themselves at a crossroads: on the one hand, they need new areas for development; on the other hand, they cannot expand buildable territory disproportionately at the expense of agricultural land or the landscape. This means your land may be selected as a candidate for revocation of buildability, and you therefore need to understand how to protect yourself.

The legal basis for changes to buildability and compensation is set out in Act No. 283/2021 Coll., the Building Act (hereinafter the “new Building Act”), specifically in the provisions on compensation for changes in the territory. These rules contain specific conditions and time limits that are often overlooked in practice. In practice, it pays to address the procedure and evidentiary strategy in good time with a team focused on development and construction law, especially if a reduction of buildable areas by an amendment to the zoning plan is at risk.

The five-year protective period – how it works and what it does not mean

One of the most important legal institutes in this area is compensation for a change in the territory, which is closely linked to the five-year period. Under the Building Act, the landowner is entitled to compensation for the revocation of buildability (a decrease in the value of the land) only if the revocation occurred before five years have elapsed from the effective date of the zoning plan (or its amendment) that allowed development.

What does this mean in practice? 

If your land became buildable in 2021 and the municipality revokes it by 2026 (and you have not started building or obtained a permit during those five years), you will generally be entitled to financial compensation in the amount of the difference between the price of building land and the price of non-buildable land. 

However, if the municipality waited and revoked buildability only after five years have elapsed, you are not entitled to compensation by law – even if you purchased the land at the price of a building plot.

This period creates time pressure for the owner to act. If contractual mechanisms to secure implementation of the project also come into play, it may be useful to follow up on the topic of inflation clauses in contracts for work, which in development projects often affect both the budget and the schedule. It is not enough merely to own buildable land; within those five years you must take specific steps to implement the project. 

What does that mean specifically? You must obtain a legal act that secures your construction. Under the current legal framework, this is in particular:

  • A final and binding permit for the project (which, under the new Building Act, integrates the former zoning decision and building permit),
  • A planning agreement with the municipality, which guarantees the possibility of implementing the project.

Once the project permit becomes final and binding, the five-year period for compensation ceases to be a relevant threat, because you have a valid permit to build in hand. An amendment to the zoning plan does not affect projects that have already been finally permitted.

Related questions on the five-year protective period

1. If the owner purchased the land only after the year in which it became buildable, does the five-year period run from the purchase?

No. The period runs from the effective date of the zoning plan (or its amendment) that allowed development. This means that if you buy the land in the 4th year of the plan’s validity, you have only one year left to assert any potential claim for compensation.

2. Can the period be extended?

Yes, the law addresses situations where the owner could not build due to reasons on the part of the public administration. The contractual setup of relations with the municipality (e.g., planning agreements) and other project documentation typically also falls within the area of contracts and negotiations, where it is important to address deadlines, performance conditions, and liability. If buildability was conditional, for example, on the issuance of a regulatory plan or a land-use study and these documents were not issued in time by the municipality’s authorities, the five-year period does not run for the duration of that obstacle.

3. What happens if I initiate proceedings for a project permit within five years, but obtain the decision only after the five years have elapsed?

The key is the commencement of the proceedings. For owners and developers, it may be useful to add context on how planning changes are handled in practice in the article developer and a zoning plan change: a lawyer’s perspective on Czech construction law. If the proceedings for a project permit were initiated in accordance with the zoning plan in force at that time, the Building Authority should decide based on the situation as of the date the application was filed, i.e., in line with the transitional provisions. However, in lengthy proceedings the risk of a plan change is high, which is why the speed and quality of the application submitted are crucial.

How to start – first steps to protect your land

If you own buildable land and are concerned that the municipality could cancel its buildability by changing the zoning plan, you must act proactively. Waiting and hoping nothing happens is a risky strategy in 2026 that can cost you millions of Czech crowns.

The first and most important step is to familiarize yourself with your municipality’s zoning plan. Most information is now available online, typically directly on the municipality’s website.

  1. Review the current zoning plan (both the text and graphic parts).
  2. Find out in which year this plan (or the amendment affecting your land) took effect.
  3. Calculate how many years remain until the five-year period for potential compensation expires.
  4. Verify via  or at the Building Authority whether any specific restrictions apply to your land (a building ban, a requirement for a planning study, or a regulatory plan).

This step looks simple, but in practice it involves a number of pitfalls. For example, the existence of an older planning study or so-called conditional buildability can complicate the legal situation. It is also common that the municipality has already initiated the process of preparing a new zoning plan without the owner knowing.

ARROWS’ Prague-based attorneys deal with these matters on a daily basis and know what questions to ask and where to look for hidden threats. They can provide you with legal consultations and a land audit to protect you from unnecessary mistakes. Contact us at office@arws.cz.

Related questions on the first steps

1. Where can I find out how long my land will remain buildable?

The decisive factor is the effective date of the zoning plan or its amendment. You can find this information in the zoning plan’s imprint or on the municipality’s official notice board (including the archive). If you are unsure, request from the spatial planning authority a so-called planning information statement, which is preliminary information on the conditions for land use and is valid for 1 year.

2. What should I do if my land is part of an area the municipality currently wants to reduce?

Act immediately. If a zoning plan amendment process is underway, you have the right to submit written comments (at the stage of the public hearing of the draft). Active participation in this process is a necessary condition for any future judicial review of the measure of a general nature.

Project permit – your strongest weapon

Of all legal instruments, a final and binding project permit (previously known as zoning decision and building permit, now merged into a single procedure) is the strongest. Once the owner obtains it, a zoning plan change can no longer deprive them of the right to build – your rights are exhausted and protected (so-called protection of acquired rights).

A project permit is a decision of the Building Authority that authorizes the siting and implementation of a construction. Under the new Building Act, this is a unified procedure, which theoretically simplifies the process but places higher demands on the completeness of the submission.

The process of obtaining a permit is as follows:

  1. Preparation of project documentation and obtaining statements from the relevant authorities (often in the form of a coordinated statement.
  2. Filing the application via the Builder’s Portal or in paper form.
  3. Proceedings conducted by the Building Authority.
  4. Issuance of the permit and it becoming final and binding.

It is crucial that the permit becomes final and binding. Merely filing the application does fix the legal situation, but if the application were rejected or the proceedings discontinued, the protection would lapse.

ARROWS’ Prague-based lawyers regularly represent clients in project permit proceedings and can respond effectively to any obstruction or inactivity by authorities. 

Planning agreement – legal certainty contractually anchored

There is also another very effective tool: a planning agreement (Section 130 et seq. of the new Building Act). This public-law contract is concluded between the builder (investor) and the municipality (or, as the case may be, the region).

A planning agreement may address:

  • The municipality’s commitment not to amend the zoning plan to the detriment of the builder for a certain period.
  • The investor’s participation in building public infrastructure (sidewalks, lighting, utilities).
  • Conditions for implementing the project.

The advantage of a planning agreement is that it provides certainty to both parties. For the investor, it is insurance against a sudden change in the municipality’s position; for the municipality, it is a tool to secure the developer’s contribution to the area’s development. The agreement must be approved by the municipal council.

However, it should be noted that preparing a planning agreement requires a high level of expertise. A poorly drafted agreement may be invalid or unenforceable.

Risks and sanctions

How ARROWS helps (office@arws.cz)

Cancellation of buildability without entitlement to compensation: If the municipality cancels buildability after five years from the plan’s effective date and you do not have a permit, you are not entitled to compensation.

Audit and monitoring: ARROWS will verify the age of the zoning plan and monitor deadlines.

Building ban: The municipality declares a building ban that “freezes” construction for the period of preparing a new plan.

Legal defence: We analyze the legality of the ban and, if necessary, file a motion to have it annulled with the Regional Court if it is disproportionate or insufficiently justified.

Conditional buildability: Buildability is conditional on a planning study that the municipality has not commissioned for years, thereby blocking construction.

Activating processes: We will help you initiate negotiations with the municipality to procure the study, or arrange for it to be prepared at the investor’s expense (if permitted by law and the municipality), or challenge the authority’s inactivity.

Passivity during a plan change: The municipality changes the plan and you do not submit comments in time. The court will later dismiss your action due to passivity (the principle “vigilantibus iura scripta sunt”).

Representation in the process: We monitor official notice boards for you, draft expert and legally relevant comments that carry weight, and represent you at the public hearing.

Court dispute over compensation: The municipality refuses to pay compensation for the planning change voluntarily.

Court enforcement: We will represent you in civil proceedings for compensation for damage/loss.

How to defend yourself during the preparation of a zoning plan

If you learn that a municipality is preparing an amendment to the zoning plan that could affect your land, you are entitled to defend yourself. The planning process is public and gives owners strong rights.

The procedure is governed by the Building Act and, in simplified terms, looks like this:

  1. Initiation: The municipality decides to initiate the amendment.
  2. Public hearing of the draft: The key phase. The draft plan is published and a public hearing is held. Within 7 days of the public hearing, you may submit comments. Under the new Building Act, “objections” and “comments” are no longer distinguished in the same way as before – anyone may submit a comment, and it must be addressed. Owners of affected plots have a specific status.
  3. Decision on comments: In the reasoning of the measure of a general nature, the municipality must explain how it handled the comments.
  4. Adoption of the plan: The municipal council adopts the plan in the form of a measure of a general nature.

Being active at these stages is absolutely critical. If you do not submit substantive comments during the public hearing, the Supreme Administrative Court has repeatedly held that a subsequent motion to have the zoning plan annulled by the court will likely be unsuccessful.

In practical terms, this means:

  • Drafting substantive comments justified both legally and from an urban-planning perspective,
  • Monitoring procedural deadlines – missing a deadline is fatal.

The lawyers at ARROWS, a Prague-based law firm, can help you formulate comments so they are not merely an emotional outcry, but a relevant legal argument that the municipality (or subsequently the court) must take into account. 

Notable court decisions – lessons from practice

Case law in the Czech Republic has long been shaping the rules of the game. Let’s look at the principles the courts apply:

The Supreme Administrative Court (SAC) has repeatedly dealt with situations where a municipality removed the developability of land after many years of the owner’s inactivity. The court concluded that if the owner made no effort to build for a long time, their “legitimate expectation” weakens and the municipality may give priority to another public interest.

By contrast, the Constitutional Court sided with owners in cases where a municipality changed the plan “unexpectedly” and without sufficient reasoning, while the owner had already taken steps toward development (e.g., had a study prepared or was in discussions with the authorities). The court emphasized that interference with property rights must be proportionate and the municipality must seek the least intrusive solution.

These judgments show that the law favors the vigilant. Passive owners are at risk; active owners have a significantly stronger position in court.

Practical tips – what to do in 2026

In the next 3 months:

  • Check the status of your land in the Cadastral Register and in the municipality’s zoning plan.
  • Find out the effective date of the most recent zoning plan (to calculate the 5-year period).
  • Verify whether the land is subject to a building moratorium (by reviewing the municipality’s collection of legal regulations or by inquiring at the authority).

In the next 6 months:

  • If the end of the five-year period is approaching, start preparing the project documentation for the development permit.
  • Consider approaching the municipality with a proposal to conclude a planning agreement if your project is more extensive.
  • If the municipality is preparing a new plan, actively participate in the comment process.

In the next 12 months:

  • The goal is to submit a flawless application for a development permit via the Builder’s Portal, thereby “locking in” your rights.
  • If you encounter resistance from the authorities, do not hesitate to involve an attorney in time.

Statutory tools – building moratorium

In addition to an amendment to the zoning plan, a common scare is a building moratorium (Section 121 of the new Building Act). This is a measure of a general nature by which a municipality prohibits or restricts construction activity in a certain area, usually for the period during which a new zoning plan is being prepared, to prevent the future concept from being “devalued”.

A building moratorium has its rules:

  • It must be properly justified.
  • It must not last for an unreasonably long time (the law sets boundaries, but in practice it is often years).
  • It can be challenged in court.

If a building moratorium prevents you from implementing your project, contact us. We can assess whether the moratorium is lawful and, if necessary, propose a course of action to obtain an exemption or have it revoked.

Conclusion

The protection of developable land in 2026 should not be underestimated. The assumption that “land designated in the plan” is a certainty is wrong. While Czech legislation offers compensation through the five-year period, real protection lies in obtaining a development permit.

The lawyers at ARROWS, a Prague-based law firm, deal with zoning and construction law on a daily basis.

If you own land in a developable area and want to be sure you do not lose its value, do not hesitate to contact us at office@arws.cz. We will provide tailored advice based on the current wording of the Building Act.

Most common legal questions on protecting the developability of land

1. If my land is part of a developable area under the 2020 plan, can I be sure the municipality cannot remove it without compensation?

By 2026, the five-year period from 2020 has already elapsed (or is just about to elapse). If the municipality now amends the plan and removes developability, and you have not yet obtained a permit, it is highly likely that you no longer have a claim for compensation for the change in the area. It is necessary to urgently verify the exact dates.

2. What is the difference between “developable” and “built-up” land?

Built-up land is land on which a registered structure already stands or which is designated as built-up. Developable land is land where construction is only planned. Built-up land has stronger protection in zoning (a stabilized area), while developable areas (proposed areas) can be removed more easily.

3. Can I defend myself in court if I did not submit comments?

You can, but your chances are slim. The courts strictly apply the principle that anyone who did not defend their rights during the plan-adoption process (by submitting comments) cannot effectively seek its annulment in court, unless it involves a completely blatant illegality.

4. What is zoning planning information?

This is preliminary information from the zoning planning authority (or the building authority) that tells you the conditions for the use of the area. Under the new Building Act, it is valid for 1 year and is binding on the authority in decision-making unless the conditions in the area change (e.g., an amendment to the plan). It is a good first step to verify the status.

5. How much does legal protection cost?

A preventive consultation or drafting comments on a zoning plan typically costs in the range of a few thousand to low tens of thousands of Czech crowns. The loss in value of land that is reclassified as arable land runs into millions. In comparison, the investment in legal certainty is negligible. Write to us at office@arws.cz for a non-binding estimate.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance on the topic. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. To verify the current wording of the regulations and their application to your specific situation, it is therefore necessary to contact ARROWS, a Prague-based law firm, directly (office@arws.cz). We accept no liability for any damages or complications arising from the independent use of the information in this article without our prior individual legal consultation and professional assessment. Each case requires a tailored solution, so please do not hesitate to contact us.

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