Changing the Use of Property in Czechia: Procedure Under the New Building Act

A change in the use of an apartment or non-residential premises is a process through which you obtain permission from the Building Authority in the Czech Republic to use the property for a different purpose. Whether you want to convert an apartment into an office or merge premises, without the authority’s consent you risk fines of up to CZK 1,000,000 and a ban on operations. In this guide, we explain the procedure under the new Czech Building Act, the required documents, and the costs.

Quick summary

• A change of use (commonly referred to as “rekolaudace”) is a legal process required for any change in the purpose of a property in the Czech Republic. Without approval from the Czech Building Authority, this constitutes an administrative offence, with penalties typically up to CZK 500,000 and, in serious cases, up to CZK 1,000,000.
• The standard statutory time limit for issuing a decision is 30 days; in more complex cases or where additional documents must be provided, the proceedings may take longer.
• Key documents include an application on the prescribed form (or via the Builder’s Portal), building documentation, binding opinions from the relevant authorities (fire brigade, public health authority) and the owner’s consent.
• Administrative fees start at CZK 1,000 (change of use without construction works). Where construction works are involved, the fee depends on the type of building. Additional costs include design documentation and expert reports.

What “rekolaudace” is and when it is required

“Rekolaudace”, referred to in the legal terminology of the new Czech Building Act as a permit for a change in the use of a building, is an official process by which the Czech Building Authority approves a change in how a property is used. It is a legal prerequisite for the lawful operation of a business or for using a property for a new purpose. The Czech Building Act expressly provides that a building or part of it may be used only for the purpose specified in the occupancy approval decision, the building permit, or the permit for use.

“Rekolaudace” applies to a much wider range of situations than many people realise. Most commonly, it involves converting apartments into offices or shops, merging multiple apartments into one unit or dividing them, changing the type of premises used for business, as well as changes in operating technology. An example is a situation where you have storage space in non-residential premises and want to operate manufacturing there instead, which has different requirements for safety and environmental protection.

Such a change also requires a new permit. The attorneys at ARROWS, a Prague-based law firm, deal with these matters on a daily basis and routinely handle them in practice – from straightforward apartment conversions through complex redevelopments of old industrial sites to conversions of entire residential buildings.

It is important to understand that the new Czech Building Act, fully effective as of 1 July 2024, introduced fundamental changes to the permitting process and digitalisation via the Builder’s Portal. This means that even if you managed a similar process on your own in the past, the procedure is now administratively different.

When “rekolaudace” is required and when you cannot do without it

A change of use is required if you want to use a property for a different purpose than the one recorded in the occupancy approval decision or the building permit. This applies even in cases where the change appears to be merely formal.

We distinguish two basic situations:

• Change of use combined with construction works: If the change requires interventions in the structure (demolishing partitions, new entrances), you apply for a permit for the project, which also includes the change of use.
• Change of use without construction works: If only the purpose changes (e.g., from a textile shop to an office) without the need for construction interventions, you file a separate application for a change in the use of the building.

Examples of situations where “rekolaudace” is definitely required

If you want to convert an apartment in the city centre into an office, a medical practice, or commercial premises, a change of use is essential. The Czech Building Authority will require verification that the new purpose will not endanger the safety of other residents of the building (fire safety) and that public health standards are met. You will also need a permit if you own a family house and want to turn a garage into a shop, or if you are converting an old warehouse into apartments.

Situations where you can do without “rekolaudace”

A change in the use of a building is not required only if the new manner of use does not differ from the original in terms of its impact on protected public interests and is consistent with the occupancy approval decision. For example, changing from one administrative activity to another administrative activity in premises approved for use as offices typically does not require a change.

Many entrepreneurs mistakenly believe that if they use premises without an official change and nobody notices, nothing happens. However, the Czech Building Authority may discover unlawful use during an inspection or based on a report. Problems also arise when selling the property or financing it with a mortgage, as banks require the factual situation to match the legal status.

Special rules for individual types of buildings

Changes of use for different types of buildings are governed by slightly different rules and by the jurisdiction of different authorities. For standard buildings (family houses, apartments), the municipal Czech Building Authority decides; for reserved structures, the Transport and Energy Building Authority (DESÚ) decides. 

Related questions about “rekolaudace”

1. What is meant by the term “competent building authority”?
It is the Czech Building Authority that has subject-matter and local jurisdiction for the particular building. Under the new Czech Building Act, this is most often the municipal building authority in the location of the property; for specific structures, it may be the regional authority or DESÚ.

2. Do the same rules apply to privately owned apartments as to non-residential premises?
From the perspective of Czech building law, yes. However, for apartments in buildings managed by an owners’ association (SVJ), the Czech Civil Code also comes into play, including the need for consent for any intervention in the common parts of the building or for amending the owner’s declaration.

3. Can I start using the property for the new purpose without approval from the building authority?
No. The Czech Building Act prohibits using a building contrary to its permitted purpose. If you do so, you commit an administrative offence and face a fine (typically up to CZK 500,000, and in extreme cases up to CZK 1,000,000).

Step by step: the procedure for changing the permitted use

The process for changing the use of a property has its rules under the Czech Building Act and implementing decrees. If you want to avoid delays, we recommend entrusting the process to professionals.

Preparing supporting materials and collecting documents

Before contacting the Czech Building Authority, prepare the supporting materials. You will need the occupancy approval decision or building permit defining the current purpose. If the documentation is missing, you must have a building passport (as-built record) prepared, which the building authority will verify. Also prepare basic information about the property and ideally photo documentation of the current condition.

Preparing documentation for the application for a change of use

If the change of use requires construction works, you will need design documentation prepared by an authorised professional. The documentation must compare the current and the new condition in accordance with the relevant decree.

Even if the change does not require construction works, it is still necessary to attach documentation to the application showing the marked change of use and information demonstrating compliance with requirements protecting public interests under Czech law.

The preparation of the documentation typically ranges from thousands to tens of thousands of Czech crowns depending on the scope. The attorneys at ARROWS, a Prague-based law firm, work with vetted designers and can recommend suitable experts.

Obtaining binding opinions from the relevant authorities

A key step is obtaining binding opinions from the relevant authorities. Despite efforts to integrate agendas, it is often necessary to secure separate opinions:

• Fire Rescue Service (HZS) – assesses fire safety (escape routes, fire extinguishers).
• Regional Public Health Authority (KHS) – assesses noise, ventilation, lighting.
• Spatial planning authority – binding opinion on compliance with the zoning plan.

Preparation and submission of the application

The application for a permit to change the use of a building is submitted on the prescribed form. The most efficient option is submission via the Builder’s Portal (Portál stavebníka), which guides you through the form, but paper submission is also possible.

The application includes:

• Identification details of the building and the applicant.
• Description of the current and the new use.
• Justification and scope of the change.

Attachments to the application:

• Documentation (as-built documentation/passport or design documentation).
• Binding opinions from the relevant authorities.
• Consent of the building owner (if the applicant is not the owner).
• Statement from technical infrastructure owners/operators (if demands on utility networks are changing).

Communication with the building authority and the proceedings

The building authority will assess the application. The time limit for issuing a decision is 30 days from the commencement of the proceedings, and up to 60 days in more complex cases.

If the application is incomplete, the authority will ask you to supplement it and will suspend the proceedings. If the change triggers the need to assess impacts on the surroundings, the authority may order an oral hearing. The ARROWS team can fully represent you in the proceedings in the Czech Republic so you do not have to deal with the authorities in person.

What happens if the building authority identifies issues

The building authority examines compliance with the zoning plan and the general requirements for construction under Czech legislation. If you want to operate noisy manufacturing in a residential zone, the authority will reject the application due to conflict with the zoning plan. If the project does not meet fire safety standards, you will be asked to revise it. These issues can be avoided through thorough preparation and consultation of the plan before submitting the application.

Related questions about a change of use

1. What happens if the building authority rejects my application?
You can appeal the decision to the superior building authority (the Regional Authority). An appeal has formal requirements and deadlines (15 days from delivery). ARROWS attorneys are specialists in Czech administrative law and appeal proceedings.

2. How long do the proceedings actually take in practice?
Although the law sets 30 days, in reality you should rather expect 2 to 3 months. This timeframe should also include obtaining the binding opinions from the relevant authorities before the application itself is filed.

3. Can I verify compliance with the zoning plan in advance?
Yes—request a spatial planning information statement from the spatial planning authority. It is valid for 1 year and gives you certainty that the intended use is permissible at the given location in the Czech Republic.

Special situation: change of use of an apartment in a building with co-ownership (SVJ)

If you own an apartment in a building with defined units (SVJ), the situation is more complex. Under the Czech Civil Code, it is necessary to distinguish whether the change affects the common parts of the building or changes the share in the common parts.

If you change the use of an apartment to an office and do not interfere with load-bearing structures or the appearance of the building, the Czech Building Act requires proof of your right to the property to be submitted with the application. However, within an SVJ it may be necessary to amend the owner’s declaration if the nature of the unit as defined in the declaration changes.

We recommend discussing the plan at the SVJ assembly and obtaining consent. ARROWS attorneys can help you interpret your SVJ’s bylaws and prepare the documents for voting.

Documents and forms: complete list

Costs: what to expect financially

• Administrative fees payable to the building authority

Fees are governed by the Czech Act on Administrative Fees. A change of use without construction works costs CZK 1,000. A permit for an intended project involving construction works depends on the type of building—for example, CZK 5,000 for a residential building or CZK 10,000 for other buildings requiring a permit.

• Preparation of documentation and expert opinions

Design documentation or a building passport (as-built documentation) typically costs CZK 5,000 to CZK 50,000 depending on complexity. A fire safety solution (PBŘ) usually costs CZK 3,000 to CZK 10,000. If a noise study or measurements are required, budget CZK 5,000 to CZK 15,000.

• Construction works and other costs

The costs of the works themselves are individual. Do not forget legal representation, which can save you time and reduce the risk of rejection by the Czech authorities. In summary, for a simple administrative change you should expect costs from CZK 5,000 to CZK 15,000. For complex changes, amounts can reach tens to hundreds of thousands of Czech crowns.

Contact our ARROWS specialists: 

JUDr. Jakub Dohnal, Ph.D., LL.M.

associate, managing partner

• dohnal@arws.cz

Mgr. Karel Huneš

associate

• hunes@arws.cz

Time limits: how long you will wait

• Theoretical and statutory time limits

Issuing a binding opinion (HZS, KHS) takes 30 days, but the time limit may be extended. The building authority’s decision takes 30 days from the commencement of proceedings for straightforward matters; in more complex cases the time limit is 60 days.

• Practical timeframes

In practice, expect a total timeframe of 2 to 4 months. Delays are caused by waiting for binding opinions from the relevant authorities, the need to supplement the application at the authority’s request, or potential objections from parties to the proceedings. 

Special situation: change of use without construction works

If you have premises that already meet the technical requirements for the new purpose, the procedure is simpler. The Building Authority will only assess compliance with public interests under Czech legislation. In some cases, it may be sufficient to merely notify the change of use, if the authority considers this appropriate within its powers; however, the standard outcome is a decision approving the change.

Accelerated procedure

The new Czech Building Act introduced an accelerated procedure. If the applicant provides the consents of all parties to the proceedings (neighbours, the municipality) and the binding opinions/clearances, the Building Authority may issue the permit as the first act in the proceedings. This significantly shortens the process, which is an ideal route for non-contentious changes.

How to avoid problems: practical tips

• Verify compliance with the zoning plan with the municipality or online before you start planning.
• Communicate with neighbours and inform them of your intention to prevent appeals.
• Do not underestimate fire safety and consult a fire safety specialist early.
• Do not start without a permit—retroactive regularisation is always more complex and more expensive.
• Engage experts from the outset; legal and technical support will save costs in the end.

Conclusion

Changing the use of a building is a process that requires careful attention. The new Czech Building Act has brought digitalisation and partial simplification, but requirements for safety and the protection of public interests remain strict. Our Czech legal team at ARROWS, a Prague-based law firm, will help you navigate the entire process smoothly, ensure communication with the authorities, and protect you from sanctions.

If you are considering a change of use, do not hesitate to contact us at office@arws.cz. An initial consultation can save you a great deal of trouble.

FAQ – Most common legal questions

1. Can I use the premises for a new purpose without a permit?
No. It is an administrative offence under the Czech Building Act, with the risk of a high fine.

2. How long does the procedure take?
Typically 30 days from filing a complete application; in practice, including preparation of supporting documents, 2–4 months.

3. Do I need my neighbours’ consent?
The Building Authority will notify the parties to the proceedings (neighbours), who may raise objections. If the change affects their rights, their objections may complicate the process. In the accelerated procedure, their consent is a condition.

4. What if it is a flat in an owners’ association (SVJ)?
You need to provide at least proof of your right to the property. If you change the owner’s declaration or interfere with common parts of the building, you need the consent of the relevant majority of owners under the bylaws and the Czech Civil Code.

Notice: The information contained in this article is of a general informational nature only and is intended for basic guidance. Although we take the utmost care to ensure 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 reach out to us.

Read also:

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