{"id":6001,"date":"2024-05-23T11:39:00","date_gmt":"2024-05-23T09:39:00","guid":{"rendered":"https:\/\/m2apartners.cz\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/"},"modified":"2025-03-27T17:05:52","modified_gmt":"2025-03-27T16:05:52","slug":"additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024","status":"publish","type":"post","link":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/","title":{"rendered":"Additional permits for “black” buildings under the new Building Act as of 1.7.2024"},"content":{"rendered":"\n

As of 1 July 2024, the new Building Act <\/strong>No. 283\/2021, Coll., the Building Act, as amended, comes into full effect, <\/strong>which, among other things, regulates differently the process of removal and additional permitting of “black” buildings.<\/p>\n\n

Black building according to the new Building Act<\/h5>\n\n

According to the new Building Act, a black building is a building which, in particular:<\/p>\n\n

    \n
  • is or has been carried out without or in contravention of the relevant permit,<\/li>\n\n\n\n
  • is or was carried out on the basis of a revoked permit,<\/li>\n\n\n\n
  • does not require a permit but is or has been carried out in breach of the legislation,<\/li>\n\n\n\n
  • is or has been constructed in violation of zoning documentation (including minor structures that do not require a building permit but are in violation of a zoning or regulatory plan),<\/li>\n\n\n\n
  • was not completed within the period of validity of the permit,<\/li>\n\n\n\n
  • was constructed as temporary and has expired.<\/li>\n\n\n\n
  • as well as the buildings specified in Section 250(1) of the new Building Act. <\/li>\n<\/ul>\n\n

    According to the new Building Act, a black building is also a part of a building or a change to a completed building<\/strong>, where a change to a completed building is an extension, an addition and a building modification that preserves the external ground plan and height boundaries of the building. It follows from the above that any unauthorised alteration of a building may be the subject of proceedings for the removal of a building or its subsequent authorisation, even if the building itself was duly carried out in accordance with the building permit in the past. <\/p>\n\n

    Conditions for additional permits for black construction<\/h5>\n\n

    According to the new Building Act (within the meaning of Section 256 (1)), a “black” building may be additionally permitted only if the following conditions are cumulatively met:<\/p>\n\n

      \n
    • the construction to be permitted does not require a decision to grant an exemption from the prohibitions under another legal regulation;<\/li>\n\n\n\n
    • The permitted structure does not require a variance from the building requirements;<\/li>\n\n\n\n
    • the builder has paid, within the prescribed time limit, the fine for the offence of building without a permit or in contravention of a permit, if imposed;<\/li>\n\n\n\n
    • if the conditions set out in Section 193 of the new Building Act, which relate to the permitting of construction projects in the standard regime, are met. <\/li>\n<\/ul>\n\n

      The prohibition of exemptions thus tightens the additional authorisation of buildings compared to the current regime, since under the current legislation it is possible to additionally authorise a building that requires an exemption from the general requirements for construction. The current legislation also does not make the additional authorisation of a building subject to the payment of a fine for an offence. <\/p>\n\n

      At the same time, the new Building Act allows for an additional building permit if the builder submits to the building authority the consent of the owners of neighbouring land whose ownership or other property rights may be affected by the exemption. Therefore, if the neighbours give their consent to the additional building permit in the case where it would be necessary to grant an exception, the condition will be deemed to be fulfilled. It is therefore likely that the granting of consent by the neighbours will be conditional on the payment of a sum of money or the provision of other consideration, which will consequently increase the cost to the developer of the additional planning permission. <\/p>\n\n

      In addition, the original wording of the new law included the condition of proving the builder’s good faith when constructing a “black building”. However, this condition has been removed by the amendment to the new Building Act and the process of additional building permits has been simplified at least partially. <\/p>\n\n

      Removal of the building and the procedure for its additional permit as a single procedure<\/h5>\n\n

      In connection with the procedure for the additional building permit, it should be noted that the new Building Act will combine the procedure for the removal of a building with the procedure for its additional permit. According to the new Building Act, an application for an additional building permit must be submitted no later than 30 days from the date of commencement of the building removal proceedings. If the application is not submitted within this period, the building cannot be permitted under the law. At the same time, if the application for an additional building permit is rejected or the proceedings are discontinued, it will not be possible to submit an application for an additional building permit again. It is therefore necessary to keep a close eye on the course of the administrative procedure so that the building is subsequently permitted within the framework of the procedure initiated. <\/p>\n\n

      It can thus be concluded that even though the new Construction Act has finally deleted the condition of proving the builder’s good faith when constructing a black building, the conditions and the overall process of additional building permits will be tightened as a result. The procedure for the removal of the building and the additional permit will be administratively less demanding, which will contribute to its acceleration. It is thus necessary for the builder to be active in the proceedings and to defend his interests in the proceedings in a sufficient and timely manner. <\/p>\n\n

      In view of the above, it can be recommended that owners of black buildings who are interested in their legalization should take the appropriate legal steps to obtain additional building permits before 1 July 2024. After the new Building Act comes into force in full, the conditions for additional building permits will be tightened, the procedure for legalization of black buildings will be more difficult and the upper limit of fines for offences related to the implementation of black buildings will be increased. <\/strong><\/p>\n\n

      This article is for informational purposes only and does not constitute legal advice or guidance for any particular case.<\/p>\n\n

      If you would like more information in this regard, please do not hesitate to contact us.<\/p>\n","protected":false},"excerpt":{"rendered":"

      As of 1 July 2024, the new Building Act No. 283\/2021, Coll., the Building Act, as amended, comes into full effect, which, among other things, regulates differently the process of removal and additional permitting of “black” buildings. Black building according to the new Building Act According to the new Building Act, a black building is […]<\/p>\n","protected":false},"author":1,"featured_media":5559,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"categories":[320,362],"tags":[520,380,549,424],"class_list":["post-6001","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles","category-construction","tag-black-building","tag-building-law","tag-construction","tag-legal-en"],"yoast_head":"\nAdditional permits for "black" buildings under the new Building Act as of 1.7.2024 - m2apartners.cz<\/title>\n<meta name=\"description\" content=\"As of 1 July 2024, the new Building Act No. 283\/2021, Coll., the Building Act, as amended, comes into full effect, which, among other things, regulates differently the process of removal and additional permitting of "black" buildings. According to the new Building Act, a black building is, depending on the circumstances, a part of a building or an alteration of a completed building, where an alteration of a completed building is understood to be an extension, an addition and a structural modification that preserves the external ground plan and height boundaries of the building. 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It follows from the above that any unauthorised alteration of a building may be the subject of proceedings for the removal of a building or its subsequent authorisation, even if the building itself was duly carried out in accordance with the building permit in the past.","og_url":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/","og_site_name":"m2apartners.cz","article_published_time":"2024-05-23T09:39:00+00:00","article_modified_time":"2025-03-27T16:05:52+00:00","og_image":[{"width":940,"height":788,"url":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2024\/05\/Titulni-obrazek.png","type":"image\/png"}],"author":"admin3645","twitter_card":"summary_large_image","twitter_misc":{"Written by":"admin3645","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#article","isPartOf":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/"},"author":{"name":"admin3645","@id":"https:\/\/m2apartners.cz\/en\/#\/schema\/person\/2737d6d592b954976f2a3fdcb4e8248e"},"headline":"Additional permits for “black” buildings under the new Building Act as of 1.7.2024","datePublished":"2024-05-23T09:39:00+00:00","dateModified":"2025-03-27T16:05:52+00:00","mainEntityOfPage":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/"},"wordCount":992,"publisher":{"@id":"https:\/\/m2apartners.cz\/en\/#organization"},"image":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#primaryimage"},"thumbnailUrl":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2024\/05\/Titulni-obrazek.png","keywords":["black building","building law","Construction","legal"],"articleSection":["Articles","Construction"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/","url":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/","name":"Additional permits for \"black\" buildings under the new Building Act as of 1.7.2024 - m2apartners.cz","isPartOf":{"@id":"https:\/\/m2apartners.cz\/en\/#website"},"primaryImageOfPage":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#primaryimage"},"image":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#primaryimage"},"thumbnailUrl":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2024\/05\/Titulni-obrazek.png","datePublished":"2024-05-23T09:39:00+00:00","dateModified":"2025-03-27T16:05:52+00:00","description":"As of 1 July 2024, the new Building Act No. 283\/2021, Coll., the Building Act, as amended, comes into full effect, which, among other things, regulates differently the process of removal and additional permitting of \"black\" buildings. According to the new Building Act, a black building is, depending on the circumstances, a part of a building or an alteration of a completed building, where an alteration of a completed building is understood to be an extension, an addition and a structural modification that preserves the external ground plan and height boundaries of the building. It follows from the above that any unauthorised alteration of a building may be the subject of proceedings for the removal of a building or its subsequent authorisation, even if the building itself was duly carried out in accordance with the building permit in the past.","breadcrumb":{"@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#primaryimage","url":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2024\/05\/Titulni-obrazek.png","contentUrl":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2024\/05\/Titulni-obrazek.png","width":940,"height":788},{"@type":"BreadcrumbList","@id":"https:\/\/m2apartners.cz\/en\/additional-permits-for-black-buildings-under-the-new-building-act-as-of-1-7-2024\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/m2apartners.cz\/en\/"},{"@type":"ListItem","position":2,"name":"Additional permits for „black“ buildings under the new Building Act as of 1.7.2024"}]},{"@type":"WebSite","@id":"https:\/\/m2apartners.cz\/en\/#website","url":"https:\/\/m2apartners.cz\/en\/","name":"m2apartners.cz","description":"We focus on providing legal services to clients in the pharmaceutical and medical device industries, in corporate matters, in connection with the setting up of internal processes, in matters of zoning and construction law proceedings, in general practice, especially general contract, real estate, family and employment law.","publisher":{"@id":"https:\/\/m2apartners.cz\/en\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/m2apartners.cz\/en\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/m2apartners.cz\/en\/#organization","name":"M2A Partners","url":"https:\/\/m2apartners.cz\/en\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/m2apartners.cz\/en\/#\/schema\/logo\/image\/","url":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2025\/03\/cropped-cropped-FAV_512x512.png","contentUrl":"https:\/\/m2apartners.cz\/wp-content\/uploads\/2025\/03\/cropped-cropped-FAV_512x512.png","width":512,"height":512,"caption":"M2A Partners"},"image":{"@id":"https:\/\/m2apartners.cz\/en\/#\/schema\/logo\/image\/"}},{"@type":"Person","@id":"https:\/\/m2apartners.cz\/en\/#\/schema\/person\/2737d6d592b954976f2a3fdcb4e8248e","name":"admin3645","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/secure.gravatar.com\/avatar\/baf40bb2dd82590384e4496ea9a16e5723a6284ec7fb445ad629f19905b6c337?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/baf40bb2dd82590384e4496ea9a16e5723a6284ec7fb445ad629f19905b6c337?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/baf40bb2dd82590384e4496ea9a16e5723a6284ec7fb445ad629f19905b6c337?s=96&d=mm&r=g","caption":"admin3645"},"sameAs":["https:\/\/m2apartners.cz"]}]}},"_links":{"self":[{"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/posts\/6001","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/comments?post=6001"}],"version-history":[{"count":1,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/posts\/6001\/revisions"}],"predecessor-version":[{"id":6003,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/posts\/6001\/revisions\/6003"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/media\/5559"}],"wp:attachment":[{"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/media?parent=6001"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/categories?post=6001"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/m2apartners.cz\/en\/wp-json\/wp\/v2\/tags?post=6001"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}