Conditions and procedures according to Civil Works Act

The GIA has been largely applicable since 12 November 2025. When constructing very high-capacity networks, the provisions of Article 7 in conjunction with Article 8 of the GIA have an impact on the running of time limits in proceedings under the Civil Works Act. In the case of construction of new buildings or in the case of major renovations, it is necessary to pay attention to the requirements for building equipment laid down in Article 10 of the GIA.

On 1 January 2024, Civil Works Act, replacing Act No. 183/2006 Coll., on zone planning and civil works code, as amended, came into force. As the legal regulation of civil works law also affects the electronic communications sector to a certain extent, the texts on the CTU´s website devoted to civil works law issues have been amended accordingly and can be found in the sections Network deployment and Conditions and procedures. The text of the Civil Works Act and other regulations affected by the changes made in connection with its adoption can be found in the section "Legislation".

In view of the significance of the change in the area of civil works law and the transitional provisions of Section 330 of the Civil Works Act, the texts of the relevant sections reflecting the previous legislation have been retained on the website and can be found in the section Conditions concerning deployment according to previously applicable legislation.

Conditions and procedures under the Construction Act for the purpose of deploying elements of high-speed electronic communications networks

According to Section 171 of the Construction Act in conjunction with points 10, 11, 12, 22 and 26 of Annex No. 1 to the this Act, the following, as minor structures, do not require a decision authorising a project:

  • addition of its own telecommunications network to control, measure, secure and automate the operation of the energy system and to transmit information for the operation of computer technology and information systems, to the existing energy network of the technical infrastructure, provided that the border of the existing protection or security zone is not crossed
  • replacement of lines and networks of the technical infrastructure, provided that the border of the existing protection or safety zone is not crossed
  • the replacement of lines and networks of technical infrastructure when crossing the border of an existing protection or safety zone, without extending its existing scope, the replacement of lines and the modification of the border of an existing protection and safety zone affects only the land affected by the existing line and the existing protection or safety zone, and for the location of the replacement of lines outside the existing route, a contract for the establishment of an easement is concluded with the owner or a contract for a future contract for the establishment of an easement,
  • antennas, including their supporting structures and associated electronic communication equipment up to a total height of 8 m, placed separately on land or buildings
  • attachments to existing construction of transport or technical infrastructure

The obligations of the entrepreneur laid down in Section 104 of the Electronic Communications Act are not affected by the above. In the case of structures requiring earthworks, the builder is obliged to find out information about the existence of underground structures of technical infrastructure and ensure their protection.

According to Section 187(5) of the Construction Act, the consent of the owner of immovable property affected by the construction of electronic communications does not have to be documented in the context of the project authorisation procedure, as it is a construction project for which the purpose of expropriation is laid down in Section 104(4) of the Electronic Communications Act. Under Section 7(2) of the Electronic Communications Act, a public communications network is always established in the public interest. The obligations of entrepreneurs under Section 104 of the Electronic Communications Act for the use of foreign immovable property are not affected by this.

Section 2i of Act No 416/2009 Coll. on speeding up the construction of strategically important infrastructure, as amended, contains a special regulation of certain institutes of the Consruction Act:

  • Decisions on development consent under the Construction Act do not require electronic communications connections up to 100 metres in length. However, this does not apply in cases where a binding opinion on the environmental impact assessment of the implementation of a project is required under the Environmental Impact Assessment Act.
  • The use of the electronic communications infrastructure construction does not require an approval decision under the Building Act. The builder shall submit to the competent building authority, within 60 days from the date of commencement of use of the construction, data determining the location of the definition point of the construction, documentation of the actual execution of the construction, if there have been insignificant deviations from the verified documentation or verified design documentation, and a geometric plan of the location of the construction.
  • An attachment is a separate structure that is technically separate from the structure to which the attachment is attached. In proceedings and procedures under the Construction Act relating to the construction to which the attachment is attached, the attachment shall not be taken into account.
  • The construction of the attachment does not require a building permit, nor a binding opinion or decision of the State Heritage Conservation Authority, if the protection zone of the attachment does not exceed the boundary of the protection zone of the building in whose area the attachment is being built, and at the same time the builder of the attachment and the builder of the building to which the attachment is attached have concluded an agreement on the attachment (its content must be, in addition to the definition of mutual rights and obligations in the execution of the construction and subsequent operation of both buildings, in particular the determination of the mutual location of both buildings).
  • The construction of a mobile signal base station, including the related electrical and optical connection lines financed under the National Recovery Plan, which is not subject to an environmental impact assessment under the Environmental Impact Assessment Act, does not require development consent under the Construction Act. This construction is temporary, the duration of which is 8 years from the date of its completion, which the builder is obliged to notify immediately to the Building Authority. However, it can be transformed into a permanent building as part of the procedure for changing the use of the building.

  • If the construction of a base station of a mobile electronic communications network, including the related electrical and optical connection lines, is necessary to fulfil an obligation imposed on the basis of a special legal regulation, this construction may be located and permitted despite non-compliance with the municipal planning documentation. The part of the spatial planning documentation that prohibits or restricts the construction of base stations of mobile electronic communications networks shall not apply in such a case. The provisions of Section 122(3) of the Construction Act shall not apply to the construction of base stations of mobile electronic communications networks. 

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