A building permit or notice is not always a requirement. When are you allowed to build even without the approval of the authorities?

Construction involves a lot of work. In addition to the worries surrounding the building as such, you also have to go around the authorities, which can be more tedious than the building itself. Before you start work, you need to get a building permit, which involves a lot of bureaucracy. The good news is that in the case of minor interventions, you can get by with "merely" announcing the construction, and in some cases you can even build without the authorities' knowledge.

Details of all types of buildings to which a building permit or construction notification applies can be found in the Building Act No. 183/2006 Coll.

Construction without a building permit or notification

Of course, some minor renovations can be carried out without a permit from the authority. Before you start with repairs or construction, it is therefore worth checking whether you are not making a trip to the building authority completely unnecessarily.

In general, it is possible to build small structures around a family house without the knowledge of the building authority. As a rule, these are retaining walls up to 1 meter high or fencing up to 2 meters high. That is, on the assumption that it does not border on a road or public space. A greenhouse up to 5 meters high with maximum dimensions of 40 m² may also be built in the garden as a structure without a permit. But it must be located at least 2 meters from the property boundary.

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You can also build buildings with a maximum area of ​​25 m² on your land. They may have one above-ground floor and may not be higher than 5 meters, or they may be underground up to a depth of 3 meters. Do not forget that you must not store any flammables and explosives in these buildings, their use must also be related to the use of the house, i.e. it must not be used for business purposes, for example. Another complication is that, like other buildings, these must be at least 2 meters from the boundary of the land, after their construction, half of the land must also be able to soak up rainwater.

And what about building a swimming pool? You may build a swimming pool with an area of ​​40 m² on your property without a building notification or permit. Again, it must be located closest to 2 meters from the property boundary, including its technical equipment. You do not need a permit even if you are going to change the technical infrastructure line, but you must not change its route without the approval of the building authority.

Construction notice

Construction notice is actually a simplified version of a building permit, which is intended both for family houses and apartments, as well as for recreational buildings and their extensions. However, a whole range of other buildings can be solved using it. Compared to a building permit, it has the advantage that thanks to it you can usually start building faster, but at the same time it is necessary to take into account that you will not avoid zoning. In addition, the announcement of the construction is not suitable at a time when you have bad relations with your neighbors, because its settlement requires their consent.

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And in what specific cases can you get by with a building notification? For example, in the case of buildings for housing and recreation. However, the condition is that they have at most one underground floor up to a depth of 3 meters, two above-ground floors and an attic. It can also be used to change existing buildings, i.e. to build extensions and superstructures. However, the aforementioned parameters of depth and height must always be maintained. It is also possible to make changes to the building which:

You can rely on the announcement, as the construction announcement is popularly called, even if you are building retaining walls up to a height of 1 meter that border publicly accessible roads or public spaces.

Building permit

You will need a building permit at the moment when your construction or renovation will interfere with the load-bearing structures of apartment buildings. You will also have to apply for it if you exceed the conditions for notifying the building when building on land intended for housing or recreation. You will also need a building permit if you fail to get your neighbors to sign their consent to the planned construction, or if you decide to build a well or renovate and deepen it.

Territorial consent

In the case of superstructures and extensions, the so-called territorial consent also plays an important role, which must always precede the start of work. Sometimes it is also necessary when it is a building without the need for a building permit or notification. In the case of family houses, it is usually part of the construction notification process. On the other hand, there is no need to apply for planning permission when you are not raising or expanding the building.

How to process a building permit step by step

Before you have a finished building design, go with a drawing from an architect or designer and a building study to the building authority and the regional planning authority. There, discuss with the officials whether it will even be possible to start construction of this style. This will avoid possible misunderstandings and ensure that the officials read your plan in the same way as you do.

With the same documents, also visit the regional hygiene station and the environmental department of the relevant municipality with extended powers. Without permission from these authorities, the building authority will not issue you a permit. If you are in a heritage-protected area, don't forget to visit the officials who are in charge of heritage protection.

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If at all possible, go to your neighbors and tell them your intention. Although they do not have the right of veto when granting permits, their possible disagreement could significantly delay the entire construction. Have their consent signed so that you have it available in written form. Do the same for officials. It is one thing to agree on something verbally, but without written confirmation, misunderstandings or purposeful changes may occur.

For the actual application for a building permit, use the form specified by law for this purpose. The specific document can be found in Decree No. 503/2006 Coll., more precisely in Annex No. 9.

Be prepared that obtaining a building permit may take some time. Although the authorities should process each request without unnecessary delay and issue a decision within 60 days, or possibly 90 days in the case of proceedings, this usually does not happen. This is partly due to the fact that this period does not include the time necessary to obtain a binding opinion. The deadline is also extended by various amendments to the application or requests for its addition. The problem in this case is also the neighbors who do not agree with the construction.

You don't win even when the building authority decides in your favor. Each of the parties to the proceedings has another 60 days to appeal. So what time to expect? Under ideal conditions, about half a year, but unfortunately the more complicated option is more common. In this case, it will take you a whole year to get the permit.

Rejection of a building permit

Officials do not always agree in the end, but even in such a case it is not necessary to postpone the implementation of the building indefinitely. Before you do, ask yourself the following questions.

First of all, you should have the authority explain where the problem occurred and make sure that the authority's reasons are indeed justified. In such a situation, it does not hurt to get advice from a lawyer. If you come to the conclusion that the authority did not have the authority to refuse, you can take the whole matter to court. But remember that even if you win the court, it does not mean that you will get a building permit. The whole thing will go back to the building authority, which can reject the building again.

How long is a building permit valid for?

By law, a building permit has a limited validity, namely two years, which are counted from its legal effect. In other words, if you do not start construction by this deadline, it becomes invalid. If for some reason you will not be able to start the work within this time frame, you can try to arrange for an extension of the building permit. Be aware, however, that there is no legal right to an extension, so the office does not have to grant you permission. Also, prepare for the fact that he will want to properly justify the delay. If the application is rejected, the building permit becomes invalid.

Construction completion date

Of course, the construction period itself is also limited in time. This depends on the expected date, which is included in the building permit form when the application is submitted. The estimated time the construction will take is of course very individual, it always depends on its form. You get a different time limit for building a house and another for adding a room.

This is a procedural deadline, but if you do not comply with it, you are in violation of the building permit and you are at risk of sanctions. Therefore, if during construction you discover that you are unable to meet the set deadline, you must apply for an extension of the deadline in good time. Even in this case, the request must be clearly justified and at the same time you must propose a new realistic deadline.

When is a building notification sufficient for your reconstruction or construction? With the help of a building notification, a whole range of buildings, including family ones, can be solved. But you have to stick to the legally given dimensions and other parameters regarding depth and height. In addition, with the notice, you may not interfere with the load-bearing structures, change the appearance of the building and make changes that require an environmental impact assessment. In which case is a building permit needed? home. In short and well every time you exceed the conditions for announcing the construction. You will also need a building permit when you fail to get the neighbors to sign their consent to the planned construction. Does the authority always need to know about my construction in advance? No. If you meet the conditions set by law, in some cases you can build and renovate without prior consultation with the building authority. This typically applies to the construction of retaining walls up to 1 meter or fencing up to 2 meters high, which do not border public spaces or roads. Without a permit, you may also build a 5-meter-high greenhouse with an area of ​​40 m² or a building with an area of ​​25 m², which will be related to the use of a family house. You can also build a swimming pool with a maximum area of ​​40 m², but it must be at least 2 meters from the property boundary. Are there any deadlines associated with the building permit? Yes. The first period concerns the validity of the building permit, which is limited by law to 2 years. If the construction does not start during this time, it becomes invalid. The second time limit is the construction completion date. It varies depending on the nature of the building. You get a different time limit for building a house and another for adding a room.