Environmental Impact Assessment: How to Avoid Delays, Costs and Risks

Environmental Impact Assessment (EIA) is often synonymous for major investors and developers with unpredictable delays and high costs. This article explains how the EIA process actually works, what risks you may face, and—most importantly—how to minimize them. You will learn why an apparently straightforward process often drags on for years and what specific steps to take to ensure that the process takes only as long as strictly necessary.

The photograph shows lawyers discussing the EIA process.

Quick summary

  • The EIA process is not optional. Without a binding EIA opinion, the building authority cannot issue a permit for the project. Failure to comply with this rule results in the inability to obtain the project permit, or in its annulment.
  • Theoretical deadlines are not reality. The law sets deadlines for individual steps which, taken together, could mean a process lasting 6–9 months. In practice, however, complex projects should be expected to take 12–24 months, often longer.
  • Mistakes in preparation mean automatic delays. A large proportion of cases where documentation is returned for revision is due to insufficiently prepared supporting materials. Each return means at least a 2–3 month delay.
  • The public has the right to comment. Public participation by members of the public, associations and municipalities in the EIA process is guaranteed by law. Without expert management of communications and a legal strategy, addressing comments can turn into a long-running administrative battle.

What EIA is and why it applies to you

Environmental Impact Assessment (EIA) is not merely an administrative obligation, but one of the key steps in preparing an investment project. It is a process intended to identify, describe and evaluate the anticipated impacts of a development on the environment and public health before a permit for the siting or implementation of the development is issued.

In the Czech Republic, EIA is governed by Act No. 100/2001 Coll., on Environmental Impact Assessment, and without this process, a building permit cannot be issued in subsequent proceedings. At European level, large-scale developments are assessed, such as motorways, high-speed railways, airports with a runway over 2.1 km, or facilities for processing hazardous waste. 

In the Czech Republic, this also includes smaller projects such as industrial facilities, wind power plants, recreational complexes, warehouse complexes and car parks. Practically speaking, if you are planning a development that could significantly affect the environment, there is a high likelihood that the EIA Act will apply to you.

When EIA is mandatory and when it is not

The Act distinguishes projects listed in Annex No. 1, which are divided into Category I (assessment always mandatory) and Category II (determined in the screening procedure). Category I includes truly large projects such as motorways, airports or nuclear power plants. For these, the EIA process is always carried out.

Category II is more common and includes projects for which the authority decides in the so-called screening procedure whether the project will be assessed further in the full EIA process or not. A specific group consists of sub-threshold projects that do not reach the threshold values set out in Category II. 

These are not normally subject to assessment if they do not reach at least 25% of the threshold value and at the same time are not located in a specially protected area or a protection zone. However, if these conditions are met, it is necessary to submit a notification of a sub-threshold project. The risk arises where the investor is unsure about the categorisation, because if you mistakenly assess that you do not need EIA, all subsequent permits may be annulled. The practical implications of when even a smaller project may fall under EIA are also summarised in the follow-up text EIA and development: when even a smaller project is subject to assessment.

Related questions on project categorisation

1. How do I know which category my project falls into?
The first step is an expert analysis (screening) under Annex No. 1 to Act No. 100/2001 Coll. The decisive factors are primarily the type of project, its capacity (area, production volume) and its location. We recommend consulting a lawyer or an EIA specialist.

2. What happens if it later turns out that I should have had an EIA and I did not carry it out?
Subsequent permits (e.g., the project permit) may be challenged as unlawful and annulled by a court. For construction projects with environmental impacts, permitting regimes are often addressed in parallel (e.g., IPPC), for which a comparison in the article Integrated permit (IPPC) and emission limits: legal framework and sanctions for breaches may be useful. You would have to stop the construction and complete the entire process retrospectively. Sanctions from the Czech Environmental Inspectorate may also apply.

3. Can I avoid EIA by splitting the project into smaller parts?
No. Authorities and courts monitor so-called “purposeful splitting of a project” (salami slicing) very strictly. If they find that you split the project only to fall below threshold values, they will assess the projects in aggregate.

Stages of the EIA process

The actual course of an EIA consists of several stages which, in practice, can become complicated in ways many investors cannot imagine. Below we describe the standard procedure from notification through to the binding opinion.

Stage 1: Project notification

The process is initiated by the investor (the notifier) by submitting a project notification to the competent authority. The notification must be prepared by an authorised person and contains basic information, a description of the project, its location and, above all, data on the anticipated impacts on the environment.

Once the authority receives a flawless notification, it publishes it on the official notice board and in the EIA Information System, making the project a matter of public record. The public, affected municipalities and authorities generally have a deadline to submit their comments. Any relevant comment becomes part of the file and the authority must address it in the conclusion of the screening procedure.

Stage 2: Screening procedure

After the notification is submitted, the so-called screening procedure begins. Its aim is to determine whether a Category II project will be subject to assessment to the full extent under the Act, or whether the process ends at this stage. The authority has a statutory deadline of 45 days to issue the screening conclusion. In practice, this period may be extended if the authority requires additional documents or is waiting for statements from affected authorities. However, by no more than 25 days.

The screening conclusion may be one of two outcomes:

  • The project is not subject to further assessment (the EIA process ends) and the authority issues a decision to that effect.
  • The project will be assessed under the Act (a complete EIA documentation must be prepared).

The authority decides based on criteria such as the nature of the project, cumulative effects with other projects, or the sensitivity of the area. If the decision is insufficiently reasoned, it may be challenged in the future.

Stage 3: Preparation of EIA documentation

If the authority decides that the project will be assessed further (or if it is a Category I project), you must arrange for the preparation of the EIA documentation. This documentation is more detailed than the original notification and includes an in-depth impact analysis. The documentation is prepared by a holder of an authorisation from the Ministry of the Environment of the Czech Republic, who is registered on the list of authorised persons.

The documentation must include:

  • A detailed description of the technical and technological solution.
  • Dispersion and noise studies, an assessment of impacts on landscape character and public health.
  • A proposal of measures to prevent and compensate adverse impacts.
Phase 4: Independent expert opinion

Once you submit the documentation, the authority will publish it and contractually arrange the preparation of an expert opinion. The opinion is prepared by another authorised person selected by the authority, not the investor. The assessor evaluates the accuracy and completeness of your documentation. The author of the expert opinion has a statutory deadline of up to 60 days, which may be extended in complex cases, but by no more than 20 days.

Related questions about the phases of the process

1. Who is responsible for the quality of the documentation?
Primarily the investor, who orders it from an authorised person. It is crucial to choose an experienced preparer. If the authority returns the documentation due to defects, the time loss is borne by the investor.

2. What if I disagree with the expert opinion?
You can (and should) submit written comments on the expert opinion, especially if it contains factual errors or proposes unrealistic conditions. The attorneys at ARROWS, a Prague-based law firm, can help formulate arguments for the subsequent phases.

Phase 5: Public hearing and binding opinion

After the expert opinion is prepared, the authority will order a public hearing if it has received a reasoned dissenting statement from the public regarding the documentation. This is a meeting of the investor, preparers, authorities and the public where the impacts of the project are discussed. The authority will then issue a binding EIA opinion.

This opinion is a binding basis for subsequent proceedings, for example proceedings on permitting the project under the Building Act. The building authority must incorporate the conditions of the EIA opinion into its decision. The EIA opinion is valid for 7 years from issuance, with the possibility of an extension by 5 years. However, repeated extensions are excluded.

Hidden risks and time delays in practice

There are differences between theory and practice that often lead to unexpected delays. Significant delays arise, for example, when the authority returns the documentation for revision because it does not contain all required elements or does not sufficiently address comments.

Poor-quality documentation and returns for revision

Each return of the documentation means the preparer must work on it again and the deadlines start running anew. The attorneys at ARROWS, a Prague-based law firm, recommend thorough review of the assignment and ongoing consultation with the authorised person so that the documentation is precise already upon the first submission.

Inaction by authorities

Authorities are often overloaded, which leads to extensions of deadlines for the screening procedure or for securing the expert opinion. In legal practice, it is possible to use a request for measures against inaction under the Administrative Procedure Code to the superior authority, or a lawsuit for protection against inaction in administrative courts.

Obstruction and objections

Public participation is a legitimate part of the process, but sometimes we encounter obstruction aimed at delaying the project. Relevant legal argumentation and active participation in the public hearing are key to defending the project, especially where there are concerns about noise or emissions.

Single Environmental Opinion

As of 1 January 2024, Act No. 148/2023 Coll., on the Single Environmental Opinion (JES), is in force. This instrument aims to simplify permitting by integrating up to 9 different administrative acts into one binding opinion.

For projects that require EIA, the binding EIA opinion is issued simultaneously as the JES, if the investor has requested it. The aim is to ensure that the investor does not have to approach each affected authority separately. This is a new legal framework and application practice is still evolving, which may bring uncertainties during the transitional period. High-quality legal advice is now crucial to set the procedure correctly.

Risks and sanctions

How ARROWS helps (office@arws.cz)

Revocation of the permit: If the project requires EIA and the process has not been carried out, a court may revoke the project permit and send the project back to the beginning.

Legal screening: ARROWS will conduct an analysis and determine whether you need EIA and to what extent.

Return of documentation: EIA documentation is returned for supplementation due to defects. Loss of time on the order of months.

Coordination and supervision: We work with vetted authorised persons and oversee the legal aspects of the documentation.

Delays by authorities: Authorities do not meet deadlines; the project stalls.

Measures against inaction: ARROWS monitors deadlines and, if necessary, submits motions against inaction.

Public obstruction: Irrelevant or harassing objections block the process.

Representation in proceedings: ARROWS will represent you in communication with the authorities and at the public hearing.

Unfeasible conditions: The EIA opinion contains economically or technically unacceptable conditions.

Negotiations and objections: ARROWS analyses the draft opinion and argues for adjustments to the conditions.

How to minimise risks

Entering approval processes without a clear plan does not pay off. Effective prevention and timely intervention, however, can save you millions of Czech crowns and months of unnecessary paperwork. Take a look at proven steps you can take to reduce project-related risks to an absolute minimum: 

Screening and legal analysis

Have a legal screening carried out—an analysis of whether your project is subject to EIA and which category it falls into. This investment can save millions on unnecessary design work or a halted construction project.

High-quality preparation of supporting documents

Work with high-quality authorised persons. ARROWS attorneys can help with selecting specialists and reviewing contracts so that the preparer bears responsibility for the quality of the work.

Active management of the process

Do not wait passively—monitor the official notice board, communicate with case officers and keep track of deadlines. ARROWS, a Prague-based law firm, often takes on the role of coordinating the legal aspects of the process.

Representation at the public hearing

The presence of an attorney at the public hearing signals that the investor takes the process seriously and is prepared to defend its rights. We can respond immediately to legally irrelevant attacks.

Conclusion

The EIA process is a complex administrative procedure that can significantly affect your project timeline. The key takeaway is not to underestimate preparation, because early-stage mistakes—such as incorrect categorisation or a poor-quality notification—are the most costly.

If you are planning an investment project and want to be confident that the procedure is handled correctly, ARROWS, a Prague-based law firm, can help. We carry out legal screening, coordinate processes, and represent investors before the authorities in the Czech Republic. Contact us at office@arws.cz.

FAQ

1. What happens if the project requires EIA and I do not go through the process?
If EIA is mandatory and is not carried out, the issued building permit is unlawful. It may be annulled in administrative court proceedings and the construction must be halted. You may also face sanctions from the Czech Environmental Inspectorate for breach of statutory obligations.

2. How long does the EIA process take in practice?
The screening procedure realistically takes 2–4 months. The full EIA process (including the expert opinion and the final statement) for more complex projects usually takes 9–18 months, and in complicated cases even longer. With good preparation, this time can be minimized.

3. Can I avoid EIA by splitting the project?
No. So-called “salami slicing” is prohibited. The authorities assess projects in context and take cumulative impacts into account.

4. What role does the public play?
The public, including associations, may submit comments. In subsequent proceedings under the Czech Building Act, the affected public may become a party to the proceedings and file an appeal against the permit for the project if they argue that the EIA statement was not respected.

5. What is JES?
The Unified Environmental Statement integrates multiple approvals (water protection, nature protection, air protection) into a single act. If the project requires EIA, the EIA output is a binding basis for this integrated statement.

Disclaimer: The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (office@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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