Building Act Amendment 2026: Changes to Czech Construction Law and Protection for Neighbours
Czech construction law is undergoing one of its most extensive transformations in 2026 since the new Building Act took effect in 2021. The amendment, known as the 13th Building Act amendment, aims to speed up and simplify construction permitting, unify the fragmented system of building authorities and reduce delays caused by dozens of separate opinions from affected authorities. This article looks at what the amendment actually changes, where the legislative process currently stands and how neighbours whose property rights are affected by a construction project can defend themselves under the new rules.
Current Stage of the Legislative Process
The Chamber of Deputies approved the Building Act amendment in its third reading on 10 July 2026 (vote No. 117, resolution No. 253) and forwarded it to the Senate on 23 July 2026 as Senate print No. 272. The upper house is scheduled to discuss it at its 29th session on 19 and 20 August 2026, after which it will go to the President for signature.
The full record of the Chamber's deliberations, including committee opinions and proposed amendments, is available on the page for Chamber print No. 67. The original wording of the bill, together with the explanatory memorandum, can be found as print 67/0, while the version approved after a comprehensive amending proposal is available as print 67/10.
According to the official website of the Ministry of Regional Development, the amendment must take effect as a whole from 1 January 2027. On that date only the central Czech Territorial Development Authority will be established, taking over the agenda of so called reserved buildings (large residential projects over 10,000 m², water structures, hospitals). Full integration of local building authorities and affected authorities will not follow until 1 January 2028.
The final wording may still be amended in the Senate, and senators must decide on the print by 22 August 2026. Before relying on any of the rules described below in practice, we therefore recommend checking the final text in the Collection of Laws; progress of the Senate debate can be followed on the page for Senate print No. 272.
Main Changes Introduced by the Building Act Amendment
Unified State Building Administration
Instead of roughly 600 municipal and special building authorities, a new system is created: the Czech Territorial Development Authority as the central body, 14 regional authorities and 205 local offices in municipalities with extended competence. The aim is to remove the systemic bias that has arisen from linking building authorities organisationally to local self government, and to share expert capacity among smaller municipalities.
The "One Authority, One Procedure, One Stamp" Principle
The current fragmentation, under which a developer had to approach dozens of affected authorities for separate binding opinions, is to be replaced by a single merged procedure. Affected authorities will in most cases issue only opinions that are not binding on the building authority; the building authority may depart from them but must give proper reasons, which places greater responsibility on it for the resulting decision.
Greater Powers for Municipalities in Spatial Planning
Municipalities and regions will adopt zoning plans within their own independent powers rather than delegated powers, giving them greater control over where and how construction takes place in their territory. By contrast, the amendment centralises actual building permitting.
Faster Deadlines and Deemed Consent
The deadline for affected authorities and network operators to respond is limited to 30 days. If they fail to respond within that period, consent is deemed to have been given automatically, without conditions. Network infrastructure that is not recorded in the digital technical map is also treated as if it did not exist, with the consequences falling on the network operator rather than the developer.
Expanded Preliminary Information
A developer may now obtain a binding preliminary answer on a wider range of questions in advance, from whether a project is permissible, through who counts as a participant in the procedure, to which requirements will not apply to the construction. The authority must respond within 30 days and may depart from that answer only if the regulations change or new facts emerge.
Reserved Buildings for Mass Housing
A new category covers residential complexes with a floor area of more than 10,000 m². The central authorities will permit these projects directly, they are given priority in the permitting process and are classified as constructions in the public interest.
Wider Use of Planning Agreements
There is more scope for contractual arrangements between a municipality and a developer, for example a contribution towards infrastructure in exchange for consent to a change in the zoning plan, including the option to replace part of the requirements (parking, green space, civic amenities) with a financial contribution to the municipality.
Changes to Related Legislation
The Act on the Single Environmental Statement is being repealed and its agenda moves mainly into the EIA process, permitting of water use is changing, and the procedure for protecting agricultural land and forests is being revised, with most of it now handled directly by the building authority within a single procedure.
What Specifically Changes for Neighbours
As part of speeding up the procedure, the Building Act amendment also changes the position of neighbours as participants. Three changes have appeared consistently across the versions of the bill between January and July 2026.
Presumption That Rights Are Preserved in Developable Areas
If a developer builds in accordance with the zoning plan and meets the general construction requirements, a presumption applies that the rights of other participants are not affected. The burden of proof shifts: it is now the neighbour who must actively prove that the construction nonetheless causes them harm. Outside developable areas, the burden of proof remains on the developer, as before.
The End of Blanket Objections
Objections must specifically state how the construction affects the particular neighbour's rights and must refer to the legal provision that has been breached. General reservations without reasoning will not be regarded as justified.
Less Room for Administrative Actions
The one month time limit for filing an action remains unchanged, but additional grounds can no longer be added during a second month, and suspensive effect can only be granted if it is requested together with the action itself.
The Ministry of Regional Development frames these changes more mildly and states in its FAQ that they merely clarify a principle the law already contains today. This does not really contradict what is described above; it is more a matter of perspective. In practice, however, the demands on the quality and timeliness of a neighbour's response increase after the amendment.
Protection Outside the Building Procedure
Besides participating in the building procedure, property owners also have independent private law protection under the Civil Code, which the Building Act amendment does not limit in any way. Under Section 1012 et seq., an owner must refrain from anything that seriously disturbs the use of a neighbouring plot beyond the extent reasonable in the circumstances, meaning so called immissions such as noise, dust, shade or the diversion of water. This principle is followed by the negatory action under Section 1042, which can be used to seek an order to stop the interference or to restore the previous state, and, in urgent cases, an interim measure that can temporarily halt the works even before the court decides the case on its merits. These tools operate independently of whether the construction has been authorised under public law. Even a duly permitted construction can disturb a neighbour beyond the extent reasonable in the circumstances, and this is something the building authority does not address.
How to Defend Yourself in Practice
- Do not miss the start of the procedure. After the amendment, deadlines will be considerably shorter, so the sooner a neighbour learns about the procedure, the more time they have to prepare. It is worth regularly checking the official notice board, or setting up an alert for a specific plot if the building authority's portal allows it.
- Formulate objections so that they hold up. General disagreement will no longer be sufficient after the amendment. An objection should state which specific right is at risk, for example the right to undisturbed use of the land because of shade, noise or the entry of machinery, and what evidence supports it. Photographs, measurements or an expert opinion significantly increase the chance that the authority will take the objection seriously.
- Keep track of your status as a participant. Directly adjoining neighbours are usually recognised automatically, but for plots that do not directly border the site, it is necessary to actively demonstrate that the project may affect you. If the authority does not grant participant status, this can be challenged during the procedure itself, not only after it has ended.
- Document the situation before construction begins. Photographs of the plot boundary, the terrain and the shading conditions before work begins are useful both for objections and later as evidence when proving an immission or a discrepancy between the construction as built and the approved documentation.
- Consider the civil law route as well. Even if a construction passes through the permitting procedure without any problems, civil law tools remain available: neighbour rights and the negatory action. Especially where the issue is more a matter of actual nuisance than a formal failure to comply with regulations, the civil route may be more effective than objections raised in the administrative procedure.
Conclusion
The Building Act amendment replaces the network of municipal building authorities with a central system (the Czech Territorial Development Authority, regional authorities, local offices), introduces the principle of one procedure and one stamp, and speeds up deadlines through deemed consent. In developable areas the burden of proof shifts to the disadvantage of neighbours, objections must be specific and reasoned, and there is less room to expand an administrative action. Neighbours nonetheless retain participation in the building procedure as before, and independently of it, civil law protection under the Civil Code: neighbour rights, the negatory action and interim measures. The amendment must take effect from 1 January 2027, with full integration of local building authorities planned from 1 January 2028. The final wording is still awaiting discussion in the Senate.
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