This overview article (Part 1) describes the problem areas that can block a construction project even though the plot looks trouble-free on the title deed. The author identifies the key risks, including a missing legal title to the access road, building restrictions in the protection zones of utilities, railways or airports, and environmental limits in the form of biocorridors or flood zones. The text also highlights historical defects (breach of co-owners' statutory pre-emption right, unresolved restitutions), conditional buildability under the zoning plan, and the socio-spatial factors of the locality. Its aim is to make the case for a preventive legal audit of a property before its purchase.
When buying land, most buyers focus on the title deed (list vlastníctva), the cadastral map and the estate agent's description. The legal reality, however, is often more complex, and many key restrictions do not appear on the title deed at all. If you want to avoid a situation in which your construction project runs into unexpected administrative or technical obstacles, it is essential to assess the factors that lie outside the ordinary records of the Land Registry (kataster) as well.
Buying land without legally secured access is among the most significant risks. Clients often rely on a well-trodden path, long-term use or a neighbour's verbal promise. For the purposes of assessing a construction project, however, you must prove the existence of a legal title to access – most commonly in the form of an established easement or an ownership share in the access road. If the access is not legally complete, you may find yourself owning land that emergency services cannot reach.
Protection zones are not just a formal "line on the map" but a statutory restriction of ownership that can fundamentally limit the use of the land. In the case of protection zones for technical infrastructure (electricity, gas, water), as well as specific zones around railways or airports, strict prohibitions apply to construction activity, tree planting or deep terrain works. A frequent problem is that these restrictions may not be immediately visible, since many arise directly by operation of law () and their recording in the Land Registry is not always complete. Some can be found marked in zoning plans (zone, municipal, regional).
Before buying, it is therefore advisable to request written statements from all the infrastructure operators concerned – in particular electricity, gas and water companies, telecommunications operators, the railways and, where the location is relevant, airports as well.
If part of the land lies within a protection zone (e.g. of a water source, power line, gas pipeline, railway or nature reserve), the building authority will generally not permit construction activity on that part of the land. This can turn an otherwise "seemingly buildable plot" into legally unusable ground.
A biocorridor is an element of the territorial system of ecological stability (ÚSES) and its role is to enable the migration of organisms between individual habitats. If a biocorridor lies on your land, construction activity may be severely limited or excluded entirely. In such a case, the building authority requires a binding statement from the nature conservation authority, which assesses whether the planned construction would disturb the ecological function of the area. The land may thus be designated as buildable in the zoning plan, yet in practice the biocorridor can create a "building freeze" over a substantial part of the parcel, of which the buyer is often unaware.
With older plots, there is still a risk that the property relationships were never properly settled in the past. Many restitution claims and related proceedings remain legally unresolved to this day. By buying such land, you expose yourself to the risk that your ownership may be challenged by the heirs of the original owners or become the subject of litigation. A thorough review of the history of how ownership was acquired is therefore an essential step that will protect you from unexpected legal complications from the past.
Owning land in an active flood zone means that the law practically rules out any new construction. Geological risks, such as slope deformations, unstable subsoil or undermined areas, can significantly increase the cost of laying foundations or make construction impossible altogether. Even if the land is designated as buildable in the zoning plan, an expert opinion from a geologist or hydrologist may reveal facts that make construction technically unfeasible or economically unviable.
When buying a co-ownership share, it is also essential to verify that the statutory pre-emption right was properly observed. If the statutory pre-emption right was not respected when the share was sold, the transfer may be affected by relative invalidity.
Land may be designated as buildable in the municipality's zoning plan, yet its use may be conditional on meeting specific regulations – for example, the completion of a public water main, sewerage or an access road at the expense of the developer or the municipality. If the municipality has no plans for these investments in the foreseeable future, the land remains buildable only "on paper". A legal review must therefore also include an analysis of the municipality's investment and development plans, so that it is clear whether construction is genuinely feasible.
When choosing land, it is not only the legal status that matters but also the broader social context of the locality. Some plots may lie close to marginalised communities, which in practice can mean an increased level of social risks or problems with civic coexistence. Although the law imposes no "building freeze" for such a neighbourhood, from the standpoint of investment security this is a factor that can fundamentally affect the future saleability of the land or the quality of living. We therefore recommend also making a personal inspection of the surroundings at different times of day before buying, to gain a realistic picture of the locality that you will never read from a cadastral map.
If you are planning to invest in real estate, we will be glad to help you with a legal audit that uncovers the risks before you sign the purchase agreement.
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