Strategic planning / zoning in the Czech Republic is governed by various legal regimes. Basic rules are in the form of:
The basic elements of territorial planning/ zoning are the development policy and the planning documentation.
The development policy lays down the requirements for implementing town and country planning objectives within the country and in a cross border and international context, especially in relation to sustainable development, and determines the appropriate strategy and basic conditions for its implementation.
The development policy is produced by the Ministry for Regional Development in relation to the whole of the territory of the Czech Republic and is approved by the national government.
The planning documentation consists of the following elements:
The national development policy mentioned above governs the production and issue of development principles, territorial plans, regulatory plans and decision-making in this area.
Development principles determine, in particular, the basic requirements for the functional and economic development of a given region, delimitation of areas or corridors of the supra local importance and determine the requirements for utilizing those areas and corridors.
A territorial plan sets out the basic concept for the development of the municipality, protection of its values, its layout, its landscape, and necessary public infrastructure; it delimits the developable area, other areas and corridors, especially areas with development potential and areas designated for alterations in existing development, for redevelopment or regeneration, for public works, for public benefit measures and to be maintained as regional reserves. It also determines the conditions for utilization of such areas and corridors.
The regulatory plan for a settled area determines the detailed conditions for the use of sites, for the location and spatial arrangement of structures, for the protection of values and the character of the area, and for the creation of a favourable environment. Decisions are commonly made by local building authorities at municipal level or in some cases at regional level (as is the case for zoning permission).
Last modified 22 Mar 2024
Yes, construction and refurbishment on a scale above a certain threshold may only be carried out following the grant of building permission which must comply with the relevant zoning plan or regulatory plan.
On 1 July 2024, the new Construction Act, adopted under No. 283/2021 Coll., will come into force, merging the existing permitting procedures into a single process, that ends with the issuance of the building permission for the construction.There are certain types of non-construction permission, including decisions on subdivision and land consolidation, decisions regarding protection zones and decisions or alterations to the impact of the building on the use of the area.
Building permission is issued permissionfor each construction, except for small buildings and, in it, the building authority lays down the conditions for the location of the relevant building, for the development of the structure and, if necessary, for its use.
There is a list of works, such as small buildings and landscape alterations, that are not subject to building permission. Where an environmental impact assessment of the project has been issued, the building permission is required.
Last modified 22 Mar 2024
Yes, public law applies to the structures or facilities on the site. The law impacts on the use of the site and any proposed alteration in the use of the site, each being possible only on the basis of building permission and in compliance with a local zoning or regulatory plan. This issue is governed by planning legislation. The construction of the structures themselves is governed by building regulations (in each particular case, building permission is necessary (exceptions apply to specific very small structures and landscape alterations).
Last modified 22 Mar 2024
In general, a building can be used only for the purpose specified in the use permit or the relevant building permission.
Any change in the use of a building, in its operational facilities (the equipment in a building necessary for its operation), in its method of construction or any substantial extension of or change in the activity carried on there, the effects of which could endanger life or public health, the life or health of animals, safety or the environment, is permitted only on the basis of a permit issued by the responsible building authority.
Moreover, such change in use must be in accordance with the planning documentation, the aims and tasks of town and country planning, general requirements on construction, protected public priorities and special regulations.
Last modified 22 Mar 2024
Responsibility for regulating the development and designated use of individual parcels of land largely lies with regional or municipal planning authorities (as does regulation through the territorial plans or regulatory plans of the municipality). These authorities are governed by general planning guidelines made by the regional authorities or by the Ministry for Regional Development. The Ministry of Defence is involved in the development of military areas. Accordingly, in case of certain specific developments different administrative authorities depending on field of competence are involved in construction proceeding (eg Railway Authority, Civilian Aviation Authority or State Mining Administration).
Last modified 22 Mar 2024
This depends on the nature of the development and can only be determined on a case by case basis, but may include various kinds of environmental licence or permit, as well as permits from a relevant authority relating to the care of historical monuments or mining. If the construction is likely to affect the environment above certain limits, it is subject to an EIA (Environmental Impact Assessment) assessment and statement.
Last modified 22 Mar 2024
Building permission is issued by the competent building authority following either full or summary building permission proceedings. The proceedings are commenced by an application, which should describe the proposals and include certain stipulated additional material. During the proceedings, binding assessments by the relevant authorities, objections by the participants and the remarks of the public are noted, and the building authority considers whether the applicant's proposal is in accordance with the relevant zoning plans and principles prescribed in secondary legislation issued by the relevant authority.
The building authority approves the proposal by means of building permission and sets the conditions for the use and protection of the site, as well as for the location and preparation and realization of the development proposal. In some cases, the authority may require further disclosure of operational documentation for the proposed building. The authority will also rule on any objections by participants in the proceedings, and in its reasoning it will assess the comments made by the public and set the validity period for the permission where the period exceeds the statutory two year period (but it cannot be longer than five years).
There is a list of works, such as small buildings and landscape alterations, that are not subject to building permission. Where an Environmental Impact Statement (EIA) of the project has been issued, there is the building permission required.
Subject to certain conditions, planning permission proceeding may be merged with construction permission proceeding and even with Environmental Impact Assessments (EIA) proceeding.
Last modified 22 Mar 2024
Third parties may object in one of several different ways, depending on their standing in the proceedings. Relevant authorities (eg environmental authorities) may object to a proposal by making binding assessments. A participant (eg the municipality in whose territory the project is planned, or a person owning adjacent land) may file an objection, and the public (eg the inhabitants of the municipality) may make comments on the proposals. In addition, participants may appeal against the building authority's decision.
Last modified 22 Mar 2024
A decision can be the subject of a judicial review by a court which has the necessary power on the basis of an allegation by a third party that the decision may have been made unlawfully and that the rights of that third party have been infringed. In order to succeed such a person must show in the court proceedings that he has exhausted all other possible administrative remedies.
A decision can also be reviewed in the event that it has been made unlawfully. The time limit for filing an action is two months after the delivery of the relevant decision.
Last modified 22 Mar 2024
In simple cases, a building authority is obliged to issue its decision no later than 30 days after the commencement of proceedings, although in particularly complex cases it may take up to 60 days. Up to 30 additional days is allowable where it is necessary to order an oral hearing or site inspection, or in any other particularly complex case. Additional time is also available where it is necessary to request another administrative authority to issue a uniform environmental statement (JES) up to 120 days.
Last modified 22 Mar 2024
There is a right of appeal against a relevant authority's decision to refuse planning regarding building permission. The appeal may be made by a person with an interest within 15 days of the notification of the decision and is decided on by a superior administrative body (except in cases where the process of reconsideration is dealt with by the relevant building authority which issued the decision and which may cancel or revoke its own decision). There is no third party right of appeal against the grant of building permission, but third parties may bring judicial review proceedings if they can show that the decision may have been made unlawfully.
Last modified 22 Mar 2024
The municipality or region may enter into a public law contract with the applicant, the content of which is the mutual cooperation of the parties to provide each other with assistance in the implementation of the planned construction and to proceed in the agreed manner (the planning agreement).But this does not replaces the building permission. If a planning agreement is in place, it shall accompany the application for the building permission. The planning agreement may be made covering also new drainage infrastructure, or surface communication. Utility suppliers may require easements relating to their utility pipelines.
Last modified 22 Mar 2024
Building permission is valid for two years from the date it comes into force, unless the building authority decides on a longer period in a suitable case. Nevertheless, it cannot exceed 5 years. The building authority may extend the validity of the building permission upon justified request of the applicant. Once construction has commenced, the building permission may be extended for up to ten years from the effective date of the permission or the decision to extend the validity of the permission.
Last modified 22 Mar 2024
Local building authorities have the power to enforce compliance. There are fines for non-compliance and, as a last resort, an order can be made that a structure, landscaping arrangement and/or installation is to be removed.
Last modified 22 Mar 2024
Are there any legal restrictions on the designated use to which any new building may be put or on any change in the designated use of an existing building?
In general, a building can be used only for the purpose specified in the use permit or the relevant building permission.
Any change in the use of a building, in its operational facilities (the equipment in a building necessary for its operation), in its method of construction or any substantial extension of or change in the activity carried on there, the effects of which could endanger life or public health, the life or health of animals, safety or the environment, is permitted only on the basis of a permit issued by the responsible building authority.
Moreover, such change in use must be in accordance with the planning documentation, the aims and tasks of town and country planning, general requirements on construction, protected public priorities and special regulations.
Last modified 22 Mar 2024