Each municipality can adopt zoning plans or regulation plans to regulate land development within their territory. Within the territory regulated by regulation plans, these regulation plans substitute (to the extent set out therein) planning permits that are otherwise necessary for the construction of new buildings (please see response to “What main permits or licenses are required for building or occupying real estate?”). Both these plans must be in compliance with the Land Development Policy adopted by the government and Land Development Principles issued by the competent authorities of the region.

The new Building Act, set to take effect in 2024, will not substantially change this. The governance of land development will still be divided among the municipalities, regions and the state. The state will also issue Territorial Development Policy in which the state will determine the priorities for land development. Similarly, the state will newly issue the Architecture and Building Culture Policy.

As for environmental regulations, the competence primarily belongs to the state, which is the only authority entitled to issue regulations binding within the whole territory of the Czech Republic. The regional and municipal authorities may also adopt environmental regulations for their territory. With this regulation, the municipalities can strengthen the regulations in their territory to better meet sustainability objectives, mainly regarding pollution, energy usage and building development (e.g., Prague issued its climatic plan for the year 2030).

The main national environmental laws affecting the use and occupation of real estate are as follows:

General environmental acts:

• Act No. 17/1992 Coll. on Environment, as amended
• Act No. 100/2001 Coll. on Environmental Impact Assessment, as amended
• Act No. 167/2008 Coll. on Environmental Harm Prevention and Rectification, as amended
• Act No. 76/2002 Coll. on Integrated Pollution Prevention and Control, as amended

Acts regulating specific attributes of the environment, pollution sources or activities:

• Act No. 114/1992 Coll. on Protection of Nature and Environment, as amended
• Act No. 201/2012 Coll. on Air Protection, as amended
• Act No. 254/2001 Coll. on Water and Waterways, as amended
• Act No. 334/1992 Coll. on Protection of Agricultural Soil Fund, as amended
• Act No. 541/2020 Coll. on Waste, as amended
• Act No. 224/2015 Coll. on Prevention of Major Industrial Accidents, as amended

To build and occupy real estate in the Czech Republic it is required to:

• obtain a planning permit (územní rozhodnutí) or other form of permit in cases specified by law. For smaller scale constructions within the built-up area of the municipality and if the building will not affect the conditions in the area, only a planning consent (územní souhlas) is required;
• obtain a building permit (stavební povolení), notification to a building office (ohlášení) or other relevant permit as specified by law;
• obtain an occupancy permit (kolaudační povolení) or occupancy consent (kolaudační souhlas). In certain cases specified by law, authorization to the early use of a building (povolení k předčasnému užívání stavby) may be issued.

Some buildings and changes to the land may also require additional environmental permits.

The new Building Act will amend this process. There will no longer be two separate proceedings before the construction can take place (zoning and building permit), but only one joint proceeding. However, occupancy permit (permit allowing use) will still be required.

Yes. In general, environmental cleanup may be required where the conditions of applicable laws are fulfilled, such as in cases when ecological harm within the meaning of Act on Environmental Harm Prevention and Rectification or the Act on Environment is caused. The owner and all their legal successors are strictly liable for environmental harm and proof of the violation and of fault in the form of intent or negligence is not required.

Yes. EU requirements concerning energy efficiency of buildings are implemented by Act No. 406/2000 Coll., on Energy Conservation, as amended, and by its implementing regulations, especially public ordinance No. 264/2020 Coll. on the energy performance of buildings.

Compliance with the requirements is proven by the energy performance certificate of a building (průkaz energetické náročnosti budovy). This certificate is valid for a period of 10 years and must be obtained (i) for construction of a new building, before applying for a building permit, (ii) for major changes in existing building, (iii) after 10 years have passed since the last update.

According to the Energy Conservation Act, in the case of sale or lease of a property, the seller or the landlord is obliged to provide the other party with a valid energy performance certificate of the building at the latest when signing the contract.

Notwithstanding the above, there are also certain exemptions from the obligation to obtain the energy performance certificate.

With the implementation of the new Building Act, the energy performance certificate will not be required for the issuance of the building permit. However, it will be required during the construction stage, and the builder will be required to evidence compliance with the requirements upon request by the state authority.

Yes. The governmental subsidy program known as the New Green Savings Program (Nová zelená úsporám) is currently in place. The New Green Savings Program focuses on support of zero-emissions housing and on investment in energy savings, in reconstructions and high energy efficiency of newly constructed buildings. Currently, the program continues to support replacement of non-green heat sources by more eco-friendly solutions (heat pumps, connection to central heating network) and pushes further to reduce pollutant and greenhouse gas emissions. Homeowners, homebuilders of family houses and owners and builders of multiple-dwelling houses can submit their applications since 21 September 2021. The current program period will end in 2030. More information may be found at http://www.novazelenausporam.cz/ (official source in Czech) or at https://www.sfzp.cz/en/administered-programmes/new-green-savings-programme/ (last accessed on 11 May 2023).