Change of use not requiring structural alterations

When a change of use occurs without structural modifications

The reason is logical. The Building Act (Act No. 283/2021 Coll.) strictly stipulates that you may only use a building for the purpose specified in the occupancy permit or building permit. If your apartment was approved for residential purposes, you cannot convert it into a doctor's office, manufacturing facility, or business premises without approval, regardless of whether any physical changes are made. This is because the requirements for safety, hygiene, noise, or fire protection change, which are factors the building authority takes very seriously.

What exactly is meant by the term "change of use"

In a legal sense, a change of use refers to any situation where the purpose for which a building is normally used changes. This could be the conversion of an apartment into an office, an office into a shop, or a warehouse into a workshop. Under Czech legislation, Building Act No. 283/2021 Coll. also considers changes to the building's operational equipment or changes in the method of production that could endanger the environment, public health, or fire safety to be a change of use.

In practice, we often find that owners assume that if they just repaint the walls and put a new sign on the door, it has no legal relevance. The opposite is true. For the Building Act, it is not important whether you have physically altered the building; what matters exclusively is what you are using it for.

The difference between a "paper" change and a change with new requirements

The critical difference lies in whether the new purpose of use places the same or higher demands on the space than the original purpose. If you are changing one office to another with a different administrative activity, it may just be a formality. However, if you are changing a warehouse, which originally had modest requirements, into a business premises with high foot traffic, everything changes completely.

This primarily concerns fire safety, fire compartments, the number of escape routes, lighting, and ventilation. It is in these differences that the complexity lies, which the average property owner does not see. The building authority sees the risks it will focus on, and if you do not inform it in time, you face penalties.

When the Building Act requires a permit for a change of use

Generally, a change of use requires a permit from the building authority whenever the new purpose differs from the original purpose stated in the occupancy permit or building permit. There are almost no exceptions. If you have any doubts, it is better to contact the building authority or a lawyer.

When you can do without a permit – and when you can't

As we have already indicated, a change of use of a building is subject to a permit from the building authority in the vast majority of practical situations. Exceptions where you can do without a permit are tied to specific conditions under Section 213 et seq. of the new Building Act.

A permit is typically not needed only in these situations:

• If you are changing the purpose within the same category of use, which does not affect the surroundings, fire safety, or hygiene. For example, changing one administrative activity to another in a space already approved as an office (from a law office to an accounting office), provided the number of people and the fire load do not change.

• If the occupancy permit directly states that the space can be used for multiple purposes (multi-functional spaces), and you are operating within these permitted purposes.

But these are truly exceptions. In the vast majority of practical cases encountered by the lawyers at ARROWS law firm, a permit is necessary.

Permit for change of use and the risks you face

One of the most common areas of confusion concerns terminology. The new Building Act has unified the processes, and the previously known "notification" in the sense of a simplified regime is now part of the project's permitting process. In practice, you are therefore applying for a permit to change the purpose of use of the building.

The building authority will investigate your plan, assess its compliance with the zoning plan, request (or you will provide) binding opinions from the relevant authorities (public health, fire department), and only then issue a decision.

What happens if you don't do it

If you believe you can just make the change and start using the space, you are committing an illegal act. The Building Act is clear that you may only use a building for its permitted purpose.

The fine for the offence of using a building in violation of the occupancy permit or building permit can reach up to CZK 2,000,000. Furthermore, the building authority can order a ban on the use of the building, which means you will be forced to immediately cease your business activities and vacate the premises. This is very painful in practice, especially if you have already invested in the premises.

Procedural steps and the time it will take

The process of changing the use without structural modifications must be undertaken systematically. The basic steps are as follows:

1. Preparation of documents and verification of compliance with the zoning plan (1–2 weeks): Before submitting anything to the building authority, check your municipality's zoning plan to see if the intended use is permissible at all.

2. Collection of necessary documentation (2–4 weeks): The basis is the application for a permit to change the purpose of use. It must be accompanied by building documentation showing the current and new use – most often a floor plan with a description and a technical report prepared by an authorized person.

3. Securing opinions from relevant authorities (30 days): Depending on the type of change, it is necessary to provide binding opinions from the public health authority (KHS), the fire department (HZS), and possibly environmental authorities. In some cases, the building authority can request these opinions itself as part of a coordinated procedure, but to speed things up, it is better to have them pre-arranged.

4. Submitting the application to the building authority: Ideally via the Builder's Portal (Portál stavebníka), or by data box or in person.

5. Assessment of the application by the building authority (30–60 days): The statutory deadline for issuing a decision is 30 days for simple buildings and 60 days for more complex cases from the start of the procedure. The deadline may run, but it is often paused when you are asked to provide missing documents.

6. Issuance of the decision: In case of a positive outcome, you will receive the permit for the change of use.

In practice, expect a total time of 2–4 months if you have prepared everything thoroughly. If problems arise, the deadlines can be extended. The lawyers at ARROWS law firm handle this agenda daily and know how to navigate the process efficiently.

Affected authorities and their roles

When you submit an application for a change of use, so-called affected authorities enter the process, defending public interests according to special regulations.

• Regional Public Health Authority (KHS): Assesses whether the new purpose meets hygiene standards – lighting, ventilation, noise, vibrations, facilities for employees. If you are changing a warehouse into an office, it will assess daylighting, which the warehouse may not have had.

• Fire Rescue Service (HZS): Assesses fire safety. A shop has different requirements for escape routes and fire extinguishers than an apartment. Here, it may be necessary to make minor adjustments (e.g., installing fire doors) according to their requirements.

• Environmental authorities: Assess emissions, waste, or noise.

• Heritage preservation authority: If the building is located in a conservation area or is a cultural monument, their opinion is crucial.

Each of these authorities has its own requirements. It often happens that the requirements conflict with each other (e.g., heritage preservation vs. fire department), which complicates the entire process.

Practical tips: How to best prepare for a change of use

Although it may seem simple, there are many pitfalls in practice. Here are a few specific tips:

• Start by checking the zoning plan. Before you submit anything, review your municipality's zoning plan (often available online). You will find out if your intended use is permissible in that location at all.

• Consult with the building authority. Take advantage of the option for preliminary information under the Building Act. The authority will tell you exactly what it will require.

• Focus on high-quality documentation. Even if you are not making structural modifications, you need drawings (floor plans) of the existing and new state. You often cannot do without a project designer's stamp, especially for fire safety.

• Secure approvals. In an apartment building, the consent of the owners' association (SVJ) may be necessary if the change of use affects common areas or changes the conditions in the building.

• Consult a lawyer. It will save you time and the risk of errors. The lawyers at ARROWS law firm know the specifics of the new Building Act.

Common situations in practice – examples we handle

To give you a concrete idea, let's look at examples we handle at ARROWS:

• Case 1: Converting an apartment into an office. An apartment owner wants to rent the space to an insurance office. The apartment has an occupancy permit for residential use. A permit for change of use is necessary. The KHS will address workstation lighting, and the HZS will address escape routes. Time: approx. 3 months.

• Case 2: Changing a warehouse into a shop. An investor has a warehouse and wants to turn it into a shop. Opinions from the public health authority (facilities for staff) and the fire department (high requirements for public escape routes) are necessary. Time: 4–6 months.

• Case 3: Short-term rentals. An apartment owner wants to rent via platforms. Building authorities in some locations consider this an accommodation service, not residential use, and require a change of use. Without it, there is a risk of fines.

• Case 4: Legalisation of a historical situation. An heir discovers that a permanent residence was established in a cottage without a permit. It is necessary to apply for a retroactive permit.

Where to turn for specific advice

If you are unsure whether your plan requires a permit, or you don't know how to start, turn to experts.

ARROWS law firm has extensive experience in handling changes of use of buildings under the new Building Act, and our Prague-based legal team can review your plan, prepare the application, negotiate with authorities, and represent you. Contact us at consultation@arws.cz.

Conclusion

A change of use of a building without structural modifications may seem simple, but legally it is a process that requires diligence. The Building Act remains uncompromising, and a building can only be used for its permitted purpose. Any deviation carries the risk of a high fine. The lawyers at ARROWS law firm deal with this issue daily.