REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Strategic planning / zoning in the Czech Republic is governed by various legal regimes. Basic rules are in the form of:

• Primary legislation (acts), and
• secondary legislation (ie legislation subordinated to primary legislation created by relevant public authorities, such as national government and regional or municipal authorities. For strategic planning/zoning across regions and in localities in the Czech Republic, the most relevant secondary legislation is the legislation or regulation governing territorial planning / zoning.)

The basic elements of territorial planning/ zoning are the development policy and the planning documentation.

Development policy

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

The planning documentation consists of the following elements:

• development principles
• territorial plans, and
• regulatory plans

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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 outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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