The new Construction Act and implementing Decree No. 146/2024 Coll. bring a fundamental change in the assessment of accommodation units and studios (ateliers). Notably, they abolish the previous strict requirement for direct sunlight in habitable rooms, paving the way for their reclassification as full-fledged residential units. However, the condition to meet other technical and sanitary requirements—primarily daylighting standards—remains in place. While it was previously mandatory for at least one-third of the floor area of habitable rooms to receive direct sunlight, the new regulation does not explicitly require direct sunlight. It is satisfied with diffuse, scattered light, which reflects the reality of densifying urban development.
In practice, a discrepancy has historically existed between the factual use of certain living spaces and their legal status. Developers frequently designated apartments lacking sufficient sunlight as studios or accommodation units, even though they were used for permanent living. The new legislation partially corrects this mismatch and enables a legal change of use.
However, the change does not mean an automatic right to convert every studio into an apartment. The space must still comply with construction law requirements such as hygiene, ventilation, and noise levels. Compliance with the zoning plan also plays a key role, depending on whether the use of the space for housing is permissible in the given location. If the property is situated in an area designated for administration or accommodation, reclassification may be denied. Limitations may also arise from regulations concerning the ratio of residential to non-residential areas within a given territory. The reclassification process further requires the consent of the property owner or the statement of the unit owners' association (HOA), along with professional expert reports.
The main benefit of reclassification is a significant increase in the market value of the property. Residential units are more attractive to buyers, boast higher liquidity, and feature more stable prices. At the same time, future owners gain better access to mortgage financing, as banks traditionally take a stricter approach toward non-residential spaces. Reclassification also facilitates administrative matters, such as registering for permanent residence, and can bring more favorable conditions regarding energy or taxation.
The new legislation represents a significant shift toward a more flexible and realistic approach to urban housing. It removes one of the main obstacles that prevented the legalization of numerous spaces actually being lived in, creating new opportunities for owners and developers alike. Nevertheless, it maintains an emphasis on fulfilling other technical and spatial planning conditions, meaning that reclassification remains an individually assessed process.
This text was translated by AI.
