HOAs and changes of use/building modifications

Basic Rights of a Unit Owner and the Limits of the HOA

Important restrictions for the owner are that they must not make it difficult for another owner to exercise the same rights or endanger the common areas of the building. Common areas are a physical part of the building and include load-bearing structures, risers, the facade, windows, corridors, and the roof, even if they are located inside an apartment.

An HOA cannot generally restrict your fundamental ownership rights beyond the scope of the law in its statutes. If the statutes were to contain an absolute ban on conducting business in an apartment or arbitrarily restrict the disposal of the unit, such provisions are generally unenforceable for being in conflict with the law.

An HOA cannot issue a blanket ban on you renting out your apartment or buying new furniture, but it can regulate the rules for using common areas and the house rules. The lawyers at the ARROWS law firm deal with this distinction constantly, as owners are often unaware of what an HOA can and cannot prohibit.

Structural Modifications Inside an Apartment: What Requires Consent

The most common structural modifications include bathroom renovations, kitchen unit replacements, painting walls, or replacing flooring. Many of these works do not require a permit from the building authority, but specific rules apply in relation to the HOA, arising from Section 1182 of the Czech Civil Code.

Under Section 1182, the owner has a duty to allow access to their apartment if required for building modifications, which implies a duty for the HOA to provide advance notice of such modifications.

Modifications that require HOA consent and a permit from the building authority include demolishing a load-bearing wall, interfering with common utility lines, or altering the building's appearance. In these cases, you must have project documentation and submit an application for a project permit to the building authority.

If you carry out a structural modification requiring a permit without obtaining one, the building authority can order the removal of the structure at your expense. The lawyers at the ARROWS law firm commonly handle situations where owners discover too late that they face penalties and an order to restore the property to its original condition.

Change of Use of an Apartment

Changing the designated use of a unit (for example, from an apartment to an office, a doctor's surgery, or a shop) is legally complex. It's not just about renovation, but about changing the legal nature of the unit, which must be permitted by the building authority and reflected in the owner's declaration.

The owner's declaration is a document filed in the collection of deeds at the Land Registry, which defines the units in the building. If the designated use is changed to a non-residential space, this document must also be amended.

Do you need an owner's declaration prepared? We will draft it with a binding deadline and a pre-agreed price — you can find details and an indicative calculator at https://prohlasenivlastnika.cz.

The process includes consulting with a designer, preparing documentation, obtaining a permit for the change from the authority, and subsequently amending the owner's declaration. For this amendment, you need the written consent of the affected owners and the consent of a majority of votes of all unit owners.

The situation becomes more complicated if the change would alter the co-ownership shares in the common areas, for example, in the case of an extension. The lawyers at the ARROWS law firm can guide you safely through all the steps and communicate with the building authority and the HOA.

Voting at an HOA Assembly

Deciding on an amendment to the owner's declaration or on structural modifications affecting common areas requires a proper vote. The rules are determined by law and the HOA's statutes, with the first step always being to establish a quorum for the assembly.

This means that unit owners holding more than 50% of all votes must be present, unless the statutes specify a higher quorum.

To pass an ordinary resolution, the law requires the consent of a majority of the votes of the owners present, unless the statutes require a higher number. However, the rules are stricter for amending the owner's declaration.

To amend the owner's declaration, the law requires the consent of a majority of the votes of all owners, as well as the consent of the owners who are directly affected by the change.

An amendment to the owner's declaration does not take effect merely by a vote at the assembly but must be executed in writing. If shares are being changed, a written agreement of all unit owners is required.

What Work Can an HOA Block

The HOA manages the building and the land, and its authority ends where the exclusive ownership right to the apartment begins. It must regulate interventions in load-bearing structures, technical equipment, and changes to the building's external appearance.

An HOA's statutes cannot validly restrict ownership rights beyond the scope of the law; such provisions are null or void.

Many HOAs try to prohibit short-term rentals or business activities in their statutes, which often runs up against the limits of the law. If an HOA is blocking your rights without legal grounds, the lawyers at the ARROWS law firm can prepare a legal opinion for you.

The Process for Notifying Structural Modifications

If you are planning construction work, it is your duty to proceed transparently to avoid disputes. The first step is to prepare documentation, and for interventions affecting load-bearing structures, a structural analysis report is necessary.

We recommend seeking consent well in advance, at least 30 days before the planned start of work. If you cause damage to common areas, you are liable for it. Without proper documentation of the condition before starting the work, it is difficult to prove that the damage was not your fault.

When You Need a Permit from the Building Authority

The new Building Act (Act No. 283/2021 Coll.) has unified the previous regimes into a single proceeding for a project permit. It also defines categories of construction that do not require a permit, particularly in Annex No. 1. According to Annex No. 1 of the new Building Act, structural modifications do not require a permit if they do not interfere with the building's load-bearing structures.

Typically, this includes renovating a bathroom within the same floor plan, replacing floors, plaster, or internal utility lines in the apartment. For these modifications, notifying the HOA is usually sufficient, with no need to deal with the authority. As soon as you interfere with load-bearing structures, change the building's appearance, or change its designated use, you must obtain a project permit.

The application is submitted on a prescribed form, and you must attach the consent of the property owner and project documentation. Owners often make mistakes in distinguishing between load-bearing and non-load-bearing walls. If the building authority discovers an unauthorized intervention, it will initiate proceedings to have the structure removed.

Amending the Owner's Declaration in Practice

When you change the layout of an apartment in a way that alters its floor area, or you change its designated use, you must amend the owner's declaration. The first step is to analyze the existing declaration and determine how the units are defined. It is necessary to find out how the units and common areas are currently defined in order to prepare the correct amendment.

This is followed by preparing the amendment and a draft agreement for the owners, which must specify exactly what is changing. Obtaining consents is a crucial phase of the entire process. The consent must be in writing, and in the case of a change in shares, an agreement of all owners is required.

The HOA committee or an authorized owner then files an application to register the change in the Land Registry. If you do not carry out the change correctly, the Land Registry will not register it. A discrepancy will arise between the factual and legal status, which will block a future sale of the apartment or the drawing of a mortgage.

A Case from Practice

A case study shows the situation of Mr. Martin, who owns an apartment in a prefabricated building and wants to connect the living room with the kitchen by creating an opening in a load-bearing panel. The HOA refuses to give consent, arguing that "enough demolition has already been done in the building."

The lawyers at the ARROWS law firm have experience in overcoming unjustified resistance from HOAs and recommend obtaining an expert structural analysis report in such a case.

Calls to Action and Important Contacts

The issues of structural modifications, project permitting, and relationships within an HOA are a complex discipline in 2026. If you want to minimize the risk of million-crown fines and neighborly disputes, we recommend consulting your project with an expert.

The lawyers at the ARROWS law firm will prepare a legal analysis and help you enforce your rights through legal means. The ARROWS law firm is insured for professional liability up to CZK 350,000,000, which guarantees the security of our services.

Conclusion

Structural modifications and changing the use of a unit in a building with an HOA require careful preparation and knowledge of current legislation. Ignoring the rules can lead to high fines, lawsuits, and the depreciation of your property.

The ARROWS law firm will provide you with comprehensive legal services, from assessing your project and negotiating with authorities and the HOA, to registration in the Land Registry.

Do you need to handle a structural modification or a change of use for your apartment? Write to us at consultation@arws.cz and have a legal analysis of your situation prepared.