Usually yes. On the owner’s application, the building authority reviews a building erected and used without permission between 1 January 1990 and 31 March 2025 and, if statutory conditions are met, issues a decision with the effects of occupancy approval. Applications are possible only until 31 March 2029, and the conditions are substantive: if they are not proved, the authority orders demolition. It is therefore worth assessing prospects before approaching the authority.
An extension from 1994, a workshop completed without paperwork, a house built on the basis that “the permit will be sorted out later”. Buildings from the 1990s and later are not covered by the statutory amnesty for pre-1990 buildings, but they have their own route: a review of fitness for use under § 140d of Act No. 50/1976 Zb. It is time-limited and not automatic.
Which buildings qualify for review?
The procedure covers buildings erected and used without the building authority’s permission, or contrary to it, between 1 January 1990 and 31 March 2025 (§ 140d(1) of Act No. 50/1976 Zb.). It results in a decision confirming the building’s fitness for use, with the effects of an occupancy approval decision. The building thereby ceases to be unauthorised, with all the associated consequences, including a route to the Land Register. Advertising structures are the only exception: the procedure does not cover them.
What must be proved?
Section § 140d(1) sets several cumulative conditions: the building’s technical condition and equipment must meet the basic requirements for buildings and the purpose for which it has been continuously used, and the authority must establish that it does not endanger life. You must also own the land or have another right to it, and the land’s legal position must be settled. The building must not conflict with binding spatial-plan rules or protected interests; the rules at the time of construction or those applicable today are assessed, whichever is more favourable to you. Finally, the building must not stand beneath power lines, in their protection zone, in a flood inundation area, or in a protection or safety zone of gas infrastructure, unless the operator of the affected infrastructure consents to its location. Supporting documentation, including binding opinions from consulted authorities, accompanies the application; the authority may also request as-built documentation.
The deadline is strict
The owner of a building may submit an application for a review of its fitness for use under paragraphs 1 and 2 by 31 March 2029.
— § 140d(3) of Act No. 50/1976 Zb. (unofficial translation)
After that date, the opportunity expires whether the owner is an individual, a municipality or the state. Applying also carries risk: if compliance with the conditions is not proved, the authority will not simply leave the matter but will order demolition. It therefore makes sense to check land rights, the spatial plan and protection zones before filing: precisely the issues on which applications fail.
If the authority is already dealing with the unauthorised building
If the building authority discovers the unauthorised building itself, it opens demolition proceedings and calls on the owner to submit an application for a fitness-for-use review or retrospective permission within a period of at least 60 days (§ 88a(1) of Act No. 50/1976 Zb.). Since Amendment No. 26/2025 Z. z., a review application can also be submitted when retrospective-permission proceedings are already under way. If the building is complete, those proceedings are discontinued after the review application is filed (§ 88a(11)). For completed buildings, review is generally a simpler route than retrospective permission.
Land registration follows legalisation
The fitness-for-use decision is the document used to register the building; registration itself is a further step with its own attachments. For older houses legalised directly by the statutory amnesty, we explain registration in our answer on registering an old building without occupancy approval.
How we can help
We assess whether the building meets § 140d and prepare the application and supporting documents through construction project coordination. If you are buying property with an unauthorised building, we identify the risk early through property legal due diligence and reflect it in the contract through property purchase.
If you have already received a request from the building authority, contact us immediately: its deadline is running, and the entire building is at stake.
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.
