Technical condition and energy

Occupancy approval (kolaudace)

In Czech: Kolaudace

Occupancy approval (kolaudace) is the procedure in which the building office allows a finished building to be used. Where Building Act No. 283/2021 Sb. requires it, it ends with an occupancy decision, without which the building may not be used.

Also called: occupancy permit, certificate of occupancy, kolaudace, kolaudační rozhodnutí, kolaudační souhlas

What it means

Kolaudace is the official step that moves a building from construction into use. The building office (stavební úřad) checks that it was built as permitted and decides what it may be used for. In English it is often called an occupancy permit.

For a buyer this matters twice over: it confirms the building can be lawfully used, and it fixes the purpose. A space approved as a flat is legally different from one approved as a studio (ateliér) or as non-residential premises, even if they look identical.

How it works in the Czech Republic

Under the new Building Act No. 283/2021 Sb. (stavební zákon), an occupancy decision (kolaudační rozhodnutí) is needed for the categories called stavby vyhrazené and stavby ostatní and for selected simple buildings listed in Annex 2 of the act. Such a building may be used only on the basis of that decision and only for the purpose it states (§ 230). For buildings that do not need it, the builder just notifies the building office that the work is complete.

The older form, the occupancy consent (kolaudační souhlas), does not exist under the new act; kolaudace now always ends with a decision issued in occupancy proceedings. In documents for older buildings you may still come across a consent or a decision issued under earlier rules.

The builder takes care of the procedure, which for a new block of flats usually means the developer. This describes the situation as of October 2026, based on ministry guidance; details such as which documents the office asks for depend on the type of building, so confirm them with the building office.

Practical example

For example, a developer sells flats off-plan and the reservation agreement (rezervační smlouva) gives an expected date for kolaudace. Before you sign an agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní), ask what happens if approval is late: does the handover date move, can you withdraw, and will the money you paid be returned? Get the answers into the contract.

Another case: a seller offers an attic flat created by converting the loft. Ask whether the space was approved as a flat and ask to see the decision.

What to watch out for

  • Ask for the occupancy decision (for older buildings possibly a kolaudační souhlas) and check what use it permits.
  • With a new build, confirm whether approval has already taken place and how the contract deals with delays.
  • An ateliér or non-residential unit may not be approved as a flat, even if people live there.
  • Compare extensions and loft conversions with the documents; a mismatch may point to a permit problem.
  • If the seller has no documents, ask whether they have requested them from the building office.

Frequently asked questions

Can I move into a new build before kolaudace?

A building that requires occupancy approval may be used only on the basis of the kolaudační rozhodnutí. Do not plan to move in before it is issued.

What is a kolaudační souhlas?

It was the result of occupancy approval under earlier legislation. The new Building Act No. 283/2021 Sb. does not use it; the result is always a decision.

Does every building need kolaudace?

No. For some buildings the builder only notifies the building office that they are finished. Check with the office what applies to a specific building.

On Lovec-Realit.cz

  • New build (novostavba)A new build (novostavba) is a newly built flat or house that nobody has lived in yet, whether finished or still under construction. Advertisers differ on how old a building can be and still be called a new build.
  • Development project (developerský projekt)A development project (developerský projekt) is the construction or conversion of a residential building or group of buildings, planned and financed by a developer to sell or rent out flats, houses or other units.
  • Agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní)An agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní) obliges the parties to sign a purchase agreement later on terms agreed now. It is used when a sale cannot be completed yet, for example for a flat under construction.
  • Reservation agreement (rezervační smlouva)A reservation agreement (rezervační smlouva) is a contract in which a buyer pays a reservation fee and the seller or estate agency agrees not to offer the property to anyone else for a set period. It does not transfer ownership.
  • Unauthorised building (černá stavba)An unauthorised building (černá stavba) is a colloquial term for a building or part of one built without the required permit or contrary to it. The building office can order its removal, so check the documents before you buy.
  • Studio unit (ateliér)A studio unit (ateliér) is a space originally intended for creative or professional work, often in an attic or a former workshop. It may be advertised much like a flat, yet the land register and occupancy approval may not treat it as one.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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