How to Challenge a Demolition Order and Secure a Subsequent Building Permit

21.4.2026 | ARROWS law firm

A demolition order is not a final verdict, but a legal notice that can be challenged. You have a critical deadline to file an application for a subsequent building permit, which is the last chance to legalize the structure. This article explains your options, the fines you may face, and the procedure for preventing the demolition of a property you have invested in.

The photo shows a lawyer addressing the issue of obtaining a subsequent building permit.

What Lies Behind a Demolition Order: The Legal Reality
How Proceedings to Order the Removal of a Structure Work
Practical Risks and Fines: What You Are Facing
How to Choose the Right Lawyer for a Construction Matter
Final Summary

A demolition order is not irreversible; you have a legal route to defend yourself, but only within a limited time limit set by the building authority in the notice of commencement of proceedings, and this time limit may not be shorter than 30 days.
Subsequent (retroactive) permitting of a structure is possible if the structure meets the statutory conditions and is not contrary to the zoning plan or other legal regulations.
A fine for construction without a permit may reach up to CZK 2,000,000 for individuals and up to CZK 5,000,000 for legal entities or self-employed individuals.
Without qualified legal assistance, you risk an unpredictable failure in the proceedings; the attorneys from ARROWS advokátní kancelář can save even seemingly hopeless cases.

What Lies Behind a Demolition Order: The Legal Reality

A demolition order—more precisely, a decision ordering the removal of a structure—may look like an administrative document, but it opens legal proceedings that can end with the forced demolition of your building. The building authority issues it when it finds that the structure was carried out without the required permit or in breach of it. Legally, this is the commencement of proceedings to order the removal of a structure, governed by Act No. 283/2021 Coll., the Building Act (the “Building Act”), as effective in 2026 in the Czech Republic.

It is important to understand that a notice of commencement of proceedings to remove a structure is not a final decision. It is the first step by the building authority, which must also inform you of the option to file an application for subsequent (retroactive) permitting of the structure. This notice is a key legal tool that you should seize with both hands.

Many property owners think that once the notice of commencement arrives, everything is lost. That is not true. Czech law gives you a second chance, but you must take it correctly and in time.

Why the building authority initiates the proceedings

The building authority will order the removal of a structure mainly in the following situations under Section 256 of the Building Act: the structure is being carried out or has been carried out without a permit from the building authority, or in breach of an issued permit. If you started building without a building permit or significantly deviated from the approved design, this applies to you.

Another reason is where the structure is contrary to legal regulations, including the general requirements for construction. For example, the structure breaches requirements relating to safety, hygiene, fire protection, or environmental protection.

A third case is where the structure is located in breach of spatial planning documentation. If you built in a place where the zoning plan prohibits it, the authority may order its removal.

Of course, the building authority cannot issue a decision on removal without a reason. That is precisely why it must inform you that the proceedings have been commenced and must give you room to defend yourself. This is your moment.

How Proceedings to Order the Removal of a Structure Work

Once the building authority commences proceedings to remove a structure, it will send you a notice of commencement of proceedings. This notice includes legal instructions on the right to file an application for subsequent (retroactive) permitting of the structure.

Critical time limit: at least 30 days. From the moment the notice of commencement of proceedings to remove a structure is duly served, the building authority will set a time limit—no shorter than 30 days—for filing an application for subsequent (retroactive) permitting of the structure. This is a forfeiture (preclusive) time limit, meaning that once it expires, you lose the right to have the matter heard forever.

Many people underestimate this time limit, whether due to workload, unfamiliarity with legal terminology, or simple oversight. The result is that the building authority continues the proceedings to remove the structure without any further opportunity and orders demolition.

This is the moment to call a lawyer. Our attorneys in Prague at ARROWS advokátní kancelář understand these critical deadlines and know how to address them properly. This is not just administration—it is your last legal tool.

What happens when you file an application for subsequent permitting

If you file an application for subsequent (retroactive) permitting of the structure within the time limit set by the building authority, the building authority will suspend the proceedings to remove the structure and commence proceedings on subsequent permitting under Section 256(2) of the Building Act.

This means the process of ordering removal is paused. The authority stops dealing with demolition works and focuses on whether the structure can be legalised.

However, certain conditions apply. A structure may be subsequently permitted only if it is not contrary to spatial planning requirements or to legal regulations or the general requirements for construction (e.g., safety, hygiene, fire protection).

It must also not endanger the life and health of persons, animals, or property, and it must not interfere with the rights of third parties (e.g., neighbours). The builder or the owner of the structure must also prove their entitlement to the land and the structure.

If you meet all these conditions, the building authority will issue a decision granting subsequent permitting and will discontinue the proceedings to remove the structure. The structure is legalised, remains standing, and you avoid high fines and demolition.

It sounds simple, but in practice these conditions involve significant complexity. This is often where the outcome is decided. One small mistake in the documentation, one overlooked legal requirement, and the authority may refuse subsequent permitting.

Practical Risks and Fines: What You Are Facing

You should be aware that once the building authority commences proceedings to remove a structure, you face both practical and legal consequences.

Financial impact

The fine for construction without a permit is up to CZK 2,000,000 for individuals and up to CZK 5,000,000 for legal entities or self-employed individuals (entrepreneurs). These fines are imposed under Sections 279 and 280 of the Building Act for the offence of carrying out or removing a structure without a permit or in breach of it.

It is important to realise that if the structure contains asbestos or other hazardous substances, the situation becomes significantly more complicated. Handling asbestos is subject to very strict rules under the Public Health Protection Act (Act No. 258/2000 Coll.), the Waste Act (Act No. 541/2020 Coll.), and other regulations.

Failure to comply with these regulations may lead to high fines that can reach millions of Czech crowns. Subsequent permitting of such a structure is possible only provided that all of these strict requirements are met, including remediation or the safe removal of asbestos.

These amounts are not theoretical—building authorities do impose them. And it is not just a simple fine that you pay and move on. It is an administrative offence that is recorded and may surface when selling the property or in a subsequent transaction.

Participants in the proceedings

In proceedings for the subsequent permit of a structure or for the removal of a structure, the parties to the proceedings under Section 28 of Act No. 500/2004 Coll., the Administrative Procedure Code and Section 256(1)(c) of the Building Act are: the owner of the land on which the structure stands and the owner of the structure (if different from the landowner).

Further parties include neighbours and other persons whose ownership rights or other rights in rem may be directly affected by the structure.

This means that if the structure infringes the neighbours’ rights (e.g., it overlaps their land or interferes with their privacy), the neighbours may actively participate in the proceedings and raise objections.

Enforcement of a demolition decision

If the building authority orders demolition by a final decision and you unsuccessfully challenge it, the authority will proceed to enforced execution of the decision. This means the structure will be demolished at your expense. If you do not pay the costs voluntarily, the process will continue with recovery of the receivable by a court bailiff.

In practice, it works like this: the building authority commissions a demolition company, has your structure demolished, and sends you all costs for payment. If you do not pay, enforcement follows and you may face wage garnishment, seizure of accounts, or the sale of other assets.

Possible issues	How ARROWS helps (office@arws.cz)
Missing the deadline for filing an application for a subsequent building permit	ARROWS’ Prague-based attorneys assist with filing the application correctly and on time and monitor all statutory deadlines to minimise the risk of missing them.
Insufficient or incorrect documentation in the application for a subsequent permit	ARROWS, a Prague-based law firm, will ensure professional preparation of all required documents so that your application has the best possible chance of success.
The structure infringes neighbours’ rights or the zoning plan	ARROWS’ Prague-based attorneys negotiate with neighbours, take their comments into account, and look for legal arguments to legalise the structure without infringing their rights.
A high fine (up to CZK 5,000,000) and the threat of demolition	ARROWS, a Prague-based law firm, defends against fines and demolition orders using all available legal tools , including review of the building authority’s decision.
Enforcement of a demolition decision (forced demolition at your expense)	ARROWS helps prevent enforcement of the decision or have it suspended; in extreme cases, it files an action challenging the correctness of the building authority’s procedure.

What steps to take immediately

If you have received a notice of commencement of proceedings for removal of a structure, do not panic—act quickly.

Step 1: Check what you received

Make sure you have actually received a legally relevant document. The notice must contain basic information about the structure, the reasons for initiating the removal proceedings, and a request to submit an application for a subsequent permit. Check that the details are correct (plot number, address, description of the structure).

If there is an error in the document, document it immediately. Administrative errors can be used in a legal dispute.

Step 2: Determine whether the structure meets the conditions for a subsequent permit

You must now honestly assess whether your structure meets the conditions for a subsequent permit. Ask yourself: Is the structure safe and does it not endanger health or property? Does it comply with the zoning plan and other spatial planning requirements?

Also consider whether it interferes with the rights of neighbours or other third parties, and whether it conflicts with technical standards or statutory requirements (e.g., fire safety, hygiene).

If the answer to all questions is “no”, you have a strong chance of obtaining a subsequent permit. If the answer to any question is “yes”, the situation becomes more complicated.

This is the right time to consult an attorney. Every case is different, and only a qualified professional can assess whether you have a chance.

Step 3: Collect documentation

Prepare the original building permit (if it exists), the project documentation for the structure, and photographs of the structure from different periods (if you are able to).

Also prepare documents evidencing ownership or other rights to the land and the structure, all correspondence with the building authority, and plans for the cadastral area and the municipality’s zoning plan.

If the original documentation is missing, it will need to be reconstructed. This is costly, but it is part of the defence.

Step 4: Filing an application for a subsequent building permit

We now come to the most critical step. The application for a subsequent building permit must be filed electronically via the Builder’s Portal (JIS) or in hard copy on the prescribed form, if permissible in the specific case. In both cases, it must include all requirements set by law.

Under the new Building Act (effective from 1 July 2024), the application—except for certain simple structures—must be submitted digitally via the Unified Information System for Building Proceedings (JIS).

The attachments to the application typically include, under Decree No. 149/2024 Coll., on the implementation of certain provisions of the Building Act, the completed application form (Annex No. 15 to Decree No. 149/2024 Coll.) and the project documentation for the structure.

You must also provide evidence of ownership or other rights to the land and the structure (if not evidenced in the Real Estate Cadastre), and opinions and consents of the relevant authorities (e.g., public health authority, fire brigade, environmental authority).

This also includes statements from owners of neighbouring land and structures whose rights may be affected by the structure, and evidence of compliance with spatial planning requirements (e.g., spatial planning information).

You must also pay an administrative fee. This is governed by the schedule of administrative fees (Act No. 634/2004 Coll.) and amounts to double the fee for issuing a permit for the same structure, but at least CZK 2,000.

For smaller structures, it is usually in the range of thousands to tens of thousands of Czech crowns (e.g., CZK 10,000 for a family house, CZK 20,000 for a business structure up to CZK 25 million), but for larger projects it may reach significantly higher amounts (up to CZK 2,000,000).

ARROWS’ Prague-based attorneys will ensure that your application is filed correctly and includes all relevant legal arguments that may persuade the building authority that your structure merits a subsequent permit.

What happens if the building authority rejects the application?

If the building authority decides that the structure does not meet the conditions for a subsequent permit, it will issue a negative decision. At that point, the subsequent permitting procedure is closed and the proceedings to order the removal of the structure continue.

You have the right to appeal. An appeal against a decision of the municipal building authority is filed with the Regional Authority as the superior administrative body.

An appeal against a decision of the Regional Authority (if it decided at first instance) may be filed with the Ministry for Regional Development. Only after these ordinary remedies have been exhausted is it possible to bring an action before the administrative court to review the legality of the administrative decision.

Judicial review of a building authority’s decision is the last real line of defence. The court may annul the building authority’s decision if it finds that the authority acted contrary to the law, that its conclusions are not supported by evidence, or that the interference with your property rights is disproportionate.

Historically, there have been cases where courts annulled demolition orders because, after an amendment to the Building Act, the structure no longer required a permit, or because the conflict with the zoning plan was only marginal.

The attorneys at ARROWS, a Prague-based law firm, have experience with litigation against building authorities and know how to argue before the courts.

Situation after a decision ordering the removal of the structure is issued: What next?

If the building authority has already issued a final decision ordering the removal of the structure (a so-called demolition order) and you did not use the option to file an application for a subsequent permit, or that application was rejected and the appeal proceedings or judicial review were unsuccessful, then the matter moves into the enforcement phase.

A decision ordering the removal of the structure is not automatically the end

It is important to remember that a final demolition order is a legally binding decision that orders demolition. However, the actual enforcement of demolition requires further legal steps by the building authority, referred to as enforcement proceedings.

The building authority must enforce the demolition through enforcement proceedings, against which it is possible to defend yourself under certain conditions.

How to defend yourself against demolition in practical terms

If you have received a final decision ordering the removal of the structure and you want to defend yourself:

Contact an attorney immediately. There is no time to lose. The attorneys at ARROWS, a Prague-based law firm, understand the urgency of the situation and can act quickly. Write to office@arws.cz.

Find out the expected costs of demolition. The building authority will then arrange for the demolition to be carried out if the owner does not do so, and it will recover the costs incurred from the owner. It is advisable to have an idea of the financial burden.

Find out whether there are legal remedies against enforcement of the decision – in limited cases, yes. The court may still deal with the matter before the demolition itself (e.g., by issuing a preliminary injunction), but such cases are very rare and require exceptionally strong arguments.

If you have income or assets that would protect you in the event of enforcement, consult this with an attorney so that they are aware of all your legal and financial options.

How to choose the right attorney for a construction-law matter

When looking for an attorney, focus on these criteria:

Experience with the Building Act. Construction law is evolving rapidly, especially following the new Building Act of 2021, which is fully effective as of 1 July 2024. The attorney should be up to date and have in-depth knowledge.

Experience with proceedings before building authorities. It is not the same as ordinary legal disputes. Building authorities have their own practices and procedures. A lawyer should have experience with them.

Experience in mediation and negotiation. In many construction-related matters, it is possible to reach an agreement even without court litigation. A qualified professional knows this and can effectively protect your interests.

Professional liability insurance. If a lawyer makes a mistake, it should be covered by professional liability insurance. ARROWS advokátní kancelář is insured up to CZK 400,000,000, which provides clients with strong assurances.

Attorneys at ARROWS advokátní kancelář meet all of these criteria. You can contact office@arws.cz.

Final summary

A notice of the commencement of proceedings to remove a structure, which may result in a demolition order, is not a final judgment—it is the start of administrative proceedings in which you still have a chance to defend yourself. The most important thing is to understand that you have a time-limited deadline (at least 30 days) to file an application for a retroactive building permit, and that this deadline cannot be replaced.

If you legalise the structure through a retroactive permit, it will remain standing, you will avoid a high fine, and you will protect your property. If you defend yourself in court proceedings, you may also have a chance for the court to annul the demolition order as disproportionate or unlawful.

For managers and entrepreneurs who have already invested in the construction, this is a matter of saving substantial assets. For property owners who acquired the structure, it is a matter of legal certainty. In both cases, there is no time for amateurism.

Attorneys at ARROWS advokátní kancelář understand Czech construction law, know the building authorities, and know how to defend your case. If you do not want to risk your property, it is safer to entrust the matter to professionals. Contact us at office@arws.cz – we are here for you.

FAQ: Demolition order and defence

1. Is it possible to stop a demolition that is already underway?
Theoretically yes—an administrative court may issue an interim measure that stops the demolition. However, this requires excellent legal argumentation and immediate action. If you see that the building authority has already proceeded to enforce its decision, contact an attorney at ARROWS advokátní kancelář immediately at office@arws.cz. Time is critical.

2. What if I bought the structure from someone else and now a demolition order has appeared?
You are in a difficult situation because the original builder may no longer be the owner and you are the one becoming involved in the proceedings. This is a situation where you should very decisively retain a lawyer. You should review the purchase agreement to see whether the seller warned you about problems with the building permit. Attorneys at ARROWS can also assist you with a claim against the seller.

3. If the building authority rejects the retroactive permit, can it be applied for again later?
If the building authority rejects the retroactive permit, it is usually due to failure to meet the statutory conditions. A new application for a retroactive permit would therefore make sense only if there is a fundamental change in circumstances (e.g., a change to the zoning plan, removal of previously identified deficiencies of the structure) or in the legislation. Without such changes, a repeated application would likely be unsuccessful and the building authority would probably discontinue the proceedings. Attorneys at ARROWS are able to monitor legal changes and assess your situation.

4. What is the realistic chance of success with a retroactive permit?
It depends on the specific case—on whether the structure violates the zoning plan, safety standards, neighbours’ rights, etc. In some cases the chance is high (80–90%), in others very low. Only an expert who examines the structure and the circumstances in detail can estimate it. That is exactly what attorneys at ARROWS do—at office@arws.cz.

5. If we decide to demolish the structure voluntarily, do we need to have a demolition order issued?
If you decide to remove an unauthorised structure voluntarily, you must notify the building authority. Based on the notification, it will issue a decision permitting the removal of the structure (not a demolition order), setting out the conditions for its safe removal. By following this procedure, you can avoid an order to remove the structure issued by the building authority and related sanctions—provided that the proceedings on ordering the removal have not already been finally concluded. Attorneys at ARROWS will help you with this at office@arws.cz.

6. Do I have to pay a fine even if the structure is retroactively permitted?
Yes. Although a retroactive building permit legalises the structure itself, it does not eliminate liability for the offence of carrying out construction without a permit, which has already occurred. The building authority is entitled to impose a fine for this offence even if it subsequently grants a retroactive permit. Payment of the fine is often one of the conditions for issuing the retroactive permit.

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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