Legal Q&A · Construction & Development

We bought a house in a heritage zone. What can we do without involving the heritage authority?

Law as at 29 August 2026

Short answer

Less than people expect, depending on the regime. For a house in a heritage area, a regional heritage authority decision approving the proposed alteration is needed before new construction or alterations, even if the house itself is not a monument. In a buffer zone, a binding opinion is required instead; for a cultural monument, a decision on the restoration proposal is required. The common rule is: obtain the decision on the proposal first, then commission the design.

A new owner of a house in a heritage zone usually assumes the heritage authority is relevant only if the house is itself a monument. Act No. 49/2002 Z. z. on the Protection of the Heritage Fund works differently: it also protects the area as a whole, so duties apply to ordinary houses within it. The first step is always to establish which of the three regimes covers the property.

Three regimes, three different procedures

If the house itself is a cultural monument, any restoration requires a regional heritage authority decision on the restoration proposal (§ 32(2) of Act No. 49/2002 Z. z.). If the house is not a monument but stands in a heritage area, meaning a heritage reserve or zone, the following applies:

Before commencing new construction or alterations to land or a building that is not a cultural monument (hereinafter “property alterations”) but is located in a heritage area, the owner must request a decision of the regional heritage authority by submitting an application for a decision on the proposed property alterations in the heritage area.

— § 32(5) of Act No. 49/2002 Z. z. (unofficial translation)

A decision is therefore needed even for a completely new building in the courtyard. A buffer zone has a third, less stringent regime: a binding opinion from the authority is required instead of a decision (§ 32(11)). Demolition in a heritage area is not considered an alteration. However, for demolition, as for activities requiring only notification, the building authority still requests the heritage authority’s opinion, because the regional heritage authority is a consulted authority under § 32(12).

Approval of the proposal comes before the design

The statutory order of steps is the reverse of usual building practice: in its decision on the proposal, the authority sets principles for building massing, height arrangement and exterior architectural design. Only then is it sensible to commission a design based on them. Documentation for alterations in a heritage area may also be prepared only by an authorised person; it must be discussed with the authority during preparation, and the authority issues a separate binding opinion on each set of preparatory and design documentation. The application itself is straightforward: the Monuments Board of the Slovak Republic provides a form, and the proposal includes property details, ownership and other property-right information, planned use, and a specification of anticipated changes in area and space.

What happens if work starts without involving the authority?

If alterations begin without a final decision on the proposal, the authority opens proceedings and calls on you to stop work until a decision is issued. It exercises state heritage supervision during the works. Where work contravenes a decision or opinion, it may order a stoppage by a decision against which an appeal has no suspensive effect; construction then remains stopped until the matter is resolved. If unexpected finds are uncovered, they must be reported and work endangering them stopped; the authority decides the next steps within three working days of notification.

The limits of work “without the heritage authority”

The Act attaches duties to new construction and alterations to land or buildings; the authority’s conditions target the exterior and the area’s outward appearance. At the same time, every owner of property in a heritage area must manage it without endangering the area’s heritage value. We therefore recommend clarifying the boundary for a particular proposal with the authority in advance: consultation costs less than a stopped project. If you later sell the house and it is itself a monument, remember the offer to the state; we explain this in our answer on selling a cultural monument.

How we can help

We establish which regime covers the house, prepare the application for a decision on the alteration proposal and defend you if work is stopped through our property in a heritage area service. Construction project coordination handles the building authority permitting stage, and if you are still buying a house in a zone, we check the heritage regime before signing through property purchase.

If you already have a design or a construction date, contact us promptly: it is difficult to restore the sequence of “proposal first, design second” retrospectively.

This answer provides general information on the law as at 29 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Who is to arrange the surveying, the ground surveys and the network statements for the design: we, or the designer? Unless the contract provides otherwise, they are arranged by the builder. The Building Act requires it to arrange the surveying data, engineering-geological and other surveys, statements of the consulted legal persons and cooperation with the designer. The designer is, however, responsible for determining the scope of the surveys and measurements that the design requires. The contract with the designer should therefore say expressly who procures what, who pays for it and how this affects the deadlines.
  2. Our designer is in delay with the documentation. Can we withdraw from the contract and have the design finished by someone else? Yes, but the procedure depends on whether the delay amounts to a material breach of contract. On a material breach you may withdraw without undue delay; otherwise only after an additional reasonable period has expired in vain. Where documentation is delivered in stages, withdrawal as a rule concerns only the stage in delay. Before withdrawing, check whether you will retain the licence to the parts already delivered, because withdrawal extinguishes the rights and obligations under the contract.
  3. How do defect liability and warranties work under a construction contract? A construction contract between businesses is governed by the Commercial Code. The contractor is liable for defects present at handover. The employer must notify defects without undue delay after discovering them or when they should have been discovered, and within five years of handover for buildings. If a quality warranty is agreed, the warranty period replaces this period. Late notification does not, however, automatically extinguish the rights: the court considers the contractor’s objection, and the Act provides an exception where the contractor knew the cause of the defect.
  4. Can a contractor charge more than the budget for additional works? It depends on how the price is agreed. If it is fixed or set by a budget, more demanding work does not itself change the price. If the contract states that the budget does not guarantee completeness, the contractor may seek a reasonable increase for unforeseeable activities, but must notify them without undue delay or lose the claim. An increase exceeding 10 % allows the employer to withdraw from the contract.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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