Building amnesty: how to legalise an unauthorised building in Slovakia
Since 1 April 2024, a so-called building amnesty applies in Slovakia. Owners of buildings that were never permitted or never received occupancy approval can bring them into legal compliance — without a fine and through simplified proceedings. However, the window is limited: applications must be filed by 31 March 2029 at the latest.
What is it about
Thousands of buildings in Slovakia were constructed without a building permit, or had a permit but never received occupancy approval. Such buildings are not formally fit for use, cannot be registered in the land registry, and pose legal problems when selling, inheriting or obtaining a mortgage.
The legislator decided to address this long-standing situation by introducing a three-tier legalisation system. The key provision is § 140d of Act No. 50/1976 Coll. (the old Building Act), inserted by Amendment Act No. 46/2024 Coll. From 1 April 2025, the new Building Act (No. 25/2025 Coll.) applies, preserving this amnesty regime in its transitional provisions.
Three categories by age of building
The amnesty does not apply equally to every building. The law distinguishes three categories based on when the building was constructed.
Buildings constructed before 1 October 1976 are legalised automatically — directly by law, without any proceedings. From 1 April 2024, they are deemed to have been constructed in compliance with applicable regulations. The owner does not need to file any application. A municipal notification is sufficient for land registry registration.
Buildings from this period are also legalised without proceedings, but two conditions must be met: the building must have been continuously used for its purpose, and the building owner must have been the landowner (or have another right to the land) as of 1 April 2024. A municipal notification is submitted to the land registry.
This is the most widespread and practically most significant category. Here, an application for review of the building's fitness for use under § 140d must be filed. The proceedings are conducted by the building authority, and the result is a decision with the effect of an occupancy permit.
What conditions must be met
If your building falls into the third category (1990–2025), the building authority will review five matters:
The building must be safe
Its structural condition and equipment must meet basic building requirements — structural integrity, fire safety, hygiene, safety in use, noise protection, energy efficiency. The building must not endanger life. The building authority assesses this during an on-site inspection. If it has doubts, it will request an expert report from the owner (e.g. a structural assessment).
Settled relationship to the land
It is not enough that the building stands on the land — you must be the landowner or have another right (e.g. a lease agreement, easement). The building authority will verify ownership in the land registry; if ownership is not registered, you must submit other documentation.
Compliance with the zoning plan
Only the functional use of the territory is assessed — i.e. whether housing, recreation or another purpose the building serves is permitted in the given zone. Spatial regulations (building height, setbacks, built-up area) are not assessed. The favourability principle applies: either the zoning plan valid at the time of construction or at the time of application is assessed — whichever is more favourable to the owner.
The building must not be in a prohibited location
This concerns protection zones of power lines, gas installations and flood areas. If the building is located in such a zone, you need the consent of the infrastructure operator.
Building documentation
The building authority may determine that simplified documentation (building passport) within the scope of § 104(2) of the Building Act is sufficient. For buildings used by the public or with production operations, more detailed documentation may be required.
What you will practically need
Compared to standard occupancy proceedings, the procedure under § 140d is significantly simplified.
Administrative fees
Administrative fees are set at three times the building permit rate. An important benefit: unlike the standard procedure via an additional building permit (§ 88a), no fine is imposed in proceedings under § 140d.
What if the building authority already knows about your building
You do not have to wait for the building authority to discover your unauthorised building. However, if it does, the law requires it to initiate demolition proceedings — while also assessing whether the conditions for a fitness-for-use review (if the building is completed) or an additional permit are met.
In such a case, the building authority will invite you to file an application under § 140d or § 88a within at least 60 days and submit the required documentation. If you do not file the application or fail to meet the conditions, the building authority will order demolition of the building.
Deadlines — when to act
An application under § 140d can be filed no later than 31 March 2029. After this date, the amnesty regime will expire. For buildings constructed after 1 April 2025, no option for subsequent legalisation exists — the new Building Act introduces a zero-tolerance regime with fines up to €150,000 and an order to demolish the building.
From 15 March 2025: An application under § 140d can also be filed if additional building permit proceedings under § 88a are already underway. If the owner has already submitted binding opinions from affected authorities in those proceedings, they do not need to submit them again under § 140d.
What to watch out for
The Constitutional Court is deciding
The Public Defender of Rights Róbert Dobrovodský challenged the constitutionality of § 140d(1) as a whole before the Constitutional Court of the Slovak Republic on 15 December 2025. He primarily objects to a violation of the principle of equality before the law (Art. 12(1) of the Constitution) — the amnesty favours those who violated the law at the expense of those who complied. He further objects to an interference with neighbours' property rights (Art. 20(1) of the Constitution) — legalisation proceeds without reviewing spatial regulations, which may permanently impair sunlight, privacy or the buildability of neighbouring plots. The proceedings before the Constitutional Court had not been concluded as of 1 April 2026. If the court were to declare § 140d unconstitutional, the legal effects of decisions already issued would be at least uncertain.
Not every building will pass
Buildings on another person's land without a settled legal relationship, buildings in protection zones without the operator's consent, buildings in flood areas and advertising structures are excluded from the amnesty. If the building authority identifies deficiencies, it will suspend the proceedings and order remediation within a reasonable period. If the owner fails to comply, the building authority will order demolition.
Neighbours cannot object in these proceedings
The only parties to the proceedings are the builder, the building owner and the landowner. Owners of neighbouring properties have no procedural standing, cannot raise objections or file appeals. Formally, they can only seek protection through civil law claims (§ 126, § 127 of the Civil Code). This aspect is the main subject of the ombudsman's constitutional challenge.
When it pays to act
If you own a building that was never granted occupancy approval or a building permit, the amnesty offers a significantly simpler and cheaper path to legalisation compared to the standard procedure. No fine is payable, the proceedings are shorter, and less strict criteria are assessed.
However, we recommend not underestimating the preparation: gather the necessary documents, verify your relationship to the land and obtain binding opinions. And above all — follow the developments at the Constitutional Court, which may change the entire amnesty regime.
Need help with building legalisation?
We will assess which category your building falls into, help secure the required documentation and prepare the application under § 140d. The first 15 minutes of consultation are without obligation.
Book a consultationBased on the legal status as of 1 April 2026. Act No. 50/1976 Coll. (§ 140d, § 142l(3)), Act No. 25/2025 Coll. (§ 84(7)), Act No. 26/2025 Coll., Act No. 46/2024 Coll. Methodological guidance of the ÚÚPV No. 08469/2025-5.1.2 of 19 March 2025. Proposal of the Public Defender of Rights to the Constitutional Court of the SR, file No. 3246/2025/VOP of 15 December 2025. This article is for informational purposes only and does not constitute legal advice for a specific situation.