Building moratorium (stavební uzávěra)

A building moratorium (stavební uzávěra) is a planning measure by which a municipality, region or the government restricts or bans building activity in a defined area, to the extent necessary, because it could make the area's future use under a zoning plan or plan amendment in preparation harder or impossible (Section 123 of Building Act No. 283/2021 Coll.). It may also be issued when a zoning plan or part of it has been annulled, or under another decision or measure regulating land use.

Who issues it and how

For a municipality's territory it is issued by the municipal council (or the assembly where there is no council), for changes of supra-local importance by the regional council and for changes of national importance by the government. A moratorium is a measure of general nature: the draft is published, anyone may submit written comments within 30 days of publication, and the measure takes effect when the public notice is delivered (Sections 127 and 128). Issued moratoria are uploaded to the National Spatial Planning Geoportal.

What a moratorium contains

• the area defined by cadastral area and parcel numbers, or a boundary description for large areas,
• the scope and content of the restriction or ban on building,
• its duration,
• conditions for granting exceptions,
• a drawing on a cadastral map base showing the area (Section 124).

How long it lasts and what it does not cover

A moratorium issued because of a zoning plan in preparation lasts as long as strictly necessary, at most 6 years (Section 123(3)). An amendment to the Building Act signed by the President in September 2026 shortens this maximum to 4 years from 1 January 2027. A moratorium may not restrict maintenance works, nor does it apply to public-benefit structures of transport and technical infrastructure defined in regional or national spatial development plans (Section 123(5)).

Moratoria issued under Act No. 50/1976 Coll. because of planning documents in preparation lost validity. Other moratoria issued before the new Building Act had to be reviewed by the planning authority within a year, otherwise they lost validity (Section 326).

Frequently asked questions

Can you build in an area under a moratorium?

Only to the extent the moratorium allows, or on the basis of an exception. The body that issued the moratorium decides on an exception upon request if it does not endanger the moratorium's purpose; there is no appeal against the decision (Section 129). The conditions for exceptions must be set in the moratorium in advance.

Is there compensation for a moratorium?

Owners of land or buildings and other holders of rights whose rights were significantly restricted by a moratorium and who suffered damage as a result are entitled to compensation. It is paid by the municipality, region or state whose body issued the moratorium, upon a written request proving the damage (Sections 133 and 134).

How do I find out whether a moratorium affects a plot?

Issued planning measures are in the National Spatial Planning Geoportal and the municipality announces them by public notice. The municipal office and the planning authority of the municipality with extended powers also have the information.