On 17 September 2026, the President of the Republic signed a comprehensive amendment to the Building Act, which, amongst other things, introduces a new category known as „mass housing developments“ and is expected, amongst other things, to help speed up building consent processes. The most significant changes introduced by the amendment will come into force on 1 January 2027.
New regime for mass housing developments
A mass housing residential building will be defined as a single building or a complex of buildings with a predominantly residential function and a total floor area of at least 10,000 m².
The decisive criterion will therefore not be the number of flats, but the total floor area.
In the case of mixed-use projects, the predominant function of the entire building or complex of buildings will be assessed. The 10,000 m² limit includes the total floor area, i.e. not only the residential but also the non-residential part of the project.
Mass housing developments will be classified as so-called „designated developments“, the planning, construction and operation of which will, under the new legislation, be in the public interest.
Permit-granting powers will therefore be transferred from local building authorities to the central state building administration, namely the newly established Office for Spatial Development of the Czech Republic, in a single-stage procedure with no right of appeal.
One procedure, multiple areas of assessment
The amendment generally reinforces the principle of a single procedure, a single authority and a single final decision. As part of the authorisation process, the building administration is also set to take over some of the responsibilities currently held by the relevant authorities, for example in the areas of nature conservation, the agricultural land fund, water, forestry and public health.
In addition to the changes mentioned above, there are others:
Strengthening the status of planning agreements
The amendment introduces the possibility for a developer to seek a court order to replace the missing consent of a municipality, city district or region to the conclusion of a planning agreement, if the authority fails to conclude the agreement within a reasonable time, even though the developer’s proposal meets the conditions of the spatial or regulatory plan and is appropriate to the circumstances.
New principles
It operates on the basis of new principles. In the event of a conflict of interests, spatial planning authorities and building control authorities must carry out a proportionality test; the development of settlements, the economy, public infrastructure or construction may only be prevented if the protection of other values cannot be ensured through conditions or compensatory measures.
Replacement of ‘built-up area’ with ‘developable area’
The amendment abandons the concept of ‘built-up area’ and replaces it with ‘developable area’, defined on the basis of spatial analysis documents. The definition will now be provided by the regional spatial development authority in the form of measures of a general nature, rather than by the local authority.
Deemed authorisation for simple structures in the fast-track procedure
The amendment introduces a new Section 212a, under which, if the building authority fails to issue a decision granting planning permission for a simple building project (i.e. under the fast-track procedure) within the statutory time limit, a statutory presumption of consent applies.