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. Why are handover and a handover record important on a building project? Handover is important for performance of the works and generally also for the entitlement to payment. The transfer of ownership and risk of damage, however, depends on the contract and the regime under § 542 and § 554 of the Commercial Code; the employer may already own the works during construction. A warranty period is relevant if the contractor has assumed a quality warranty. At either party’s request, a written handover record must be made, recording identified defects and reservations.
  2. How does an agreement to enter into a purchase contract work for flats in a development? In an agreement to enter into a future contract, the parties undertake in writing to conclude a purchase contract by an agreed date and must already agree its essential terms, especially the property and price. If one party fails to conclude it, the other may seek a court decision substituting for that party’s declaration of intent within one year, and also has a right to damages. In development projects, a reservation agreement usually comes first.
  3. As a developer, do I own the copyright in the design documentation? Design documentation is protected by copyright if it constitutes a unique result of creative intellectual activity. A technical document or its designation as design documentation does not in itself attract protection. For a protected design, the author is the designer or architect who created it through their own creative activity. Commissioning a design gives you a licence to use it for the purpose arising from the contract, not unlimited rights. Other uses, particularly building the same design again or having another designer alter it, require a specific agreement; moreover, the author’s economic rights cannot be transferred.
  4. What must a contract transferring a newly built flat contain? A contract transferring ownership of a flat must be written. Under the Flat Ownership Act, it must include in particular a description of the flat and its appurtenances, the co-ownership share in the building’s common parts and facilities and the land, arrangements for land rights, and the acquirer’s declaration of accession to building management. Ownership is acquired only through constitutive registration in the Land Register.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer