What is the minimum distance requirement

The minimum distance requirement is a new preventive tool under the Air Protection Act. Its purpose is to prevent conflicts between selected stationary sources of air pollution and residential or otherwise sensitive development.

It is not a classic emission limit or an automatic ban on operation. It is a distance criterion from which air protection authorities are to proceed when issuing an opinion, binding opinion, and operating permit. It applies especially to sources that may pollute the air with solid pollutants or substances causing odour nuisance.

The legal basis is set out in particular in Section 12a of Act No. 201/2012 Coll., on air protection, as amended by Act No. 42/2025 Coll.

Who is affected by minimum distances

Minimum distances do not apply to all operations. They apply only to selected stationary sources listed in Annex 2a to the Air Protection Act, for which a specific distance is set by implementing legislation.

Typically, these are operations where dust or odour may be significant. They include for example:

  • landfills,
  • composting plants and biological waste treatment facilities,
  • wastewater treatment plants,
  • certain waste processing operations,
  • quarries, crushing and sorting lines,
  • recycling lines for construction materials,
  • asphalt mixing plants,
  • selected food-processing operations,
  • slaughterhouses and smokehouses,
  • veterinary disposal facilities,
  • livestock farms,
  • selected paint shops and operations using organic solvents,
  • composite production with styrene,
  • rubber processing and tyre production.

The specific list of sources and minimum distance values is set out in Annex 20 to Decree No. 415/2012 Coll.

Examples of minimum distances

The decree sets specific values for individual types of source. As a guide, these include for example:

  • Landfills from 10 t of waste per day or with capacity of 25,000 t or more: 300 m
  • Composting plants and biological waste treatment facilities: 200 m
  • Wastewater treatment plants from 50 m³/day: 200 m
  • Sewage sludge drying: 100 m
  • Quarries, stone processing, concrete plants and recycling lines for construction materials: 200 m
  • Asphalt mixing plants and bitumen mixing plants: 400 m
  • Slaughterhouses from 50 t slaughter per day: 150 m
  • Veterinary disposal facilities: 500 m
  • Livestock farms with ammonia emissions of 5 t/year or more: 200 m
  • Application of coating materials from 0.6 t/year of organic solvents: 100 m
  • Composite production with styrene: 200 m
  • Rubber processing or tyre production: 150 m

These distances must always be assessed according to the specific classification of the source, its designed capacity, and its actual relationship to the spatial plan.

Against which areas is distance assessed

Minimum distance is not assessed only in relation to the nearest family house. The definition of areas in the spatial plan is also essential.

According to Annex 20 to Decree No. 415/2012 Coll., minimum distances are used in particular in relation to the following areas:

  • residential areas,
  • areas for public and spa amenities,
  • mixed residential areas,
  • urban residential areas.

In practice, therefore, a situation may be decisive where no residential building is yet located near the operation, but the spatial plan provides for a residential or similarly sensitive function there.

When the requirement is applied

Minimum distances are applied especially when:

  • siting new stationary sources,
  • issuing an opinion or binding opinion of the air protection authority,
  • issuing an operating permit,
  • defining buildable areas in the spatial plan,
  • preparing an expert report,
  • preparing or updating an operating rule.

The aim is to address a possible conflict in good time — before an operational problem, complaints from residents, or a difficult conflict between the operation and surrounding development arises.

How distance is measured

The method of measuring distance is set out in Section 27d of Decree No. 415/2012 Coll.

In general, if the source is located in a building, the distance is determined from the edge of the building. If the source is not in a building, the distance is determined from the geometric centre of the source.

Special rules apply to some sources. For example, for landfills, large wastewater treatment plants, and livestock farms, the distance is determined from the boundary of the facility or from the affected land parcels. For composting plants and some dusty operations, such as quarries or recycling lines for construction materials, the distance is determined from the geometric centre of the source.

Exceptions from minimum distances

Minimum distance is not an absolute prohibition. The Act provides for cases where it does not apply or where the air protection authority may, in justified cases, determine that it does not apply.

Exceptions may concern for example modernisation in existing industrial or agricultural sites, mining activity, or activity carried out by mining methods. The Act also provides that minimum distances do not apply to changes to operating permits for stationary sources for which an operating permit has already been issued.

However, each case must always be assessed individually. An exception should be professionally justified especially with regard to the character of the operation, dust or odour emissions, distance to sensitive areas, technical measures, and local conditions.

Impact on expert reports and operating rules

The new legal arrangement is also reflected in the preparation of expert reports and operating rules.

For sources for which Annex 20 sets a minimum distance, attention must be paid in particular to:

  • correct classification of the source,
  • GPS coordinates of the source,
  • relationship to the spatial plan,
  • distance from selected areas according to Annex 20,
  • distance from the nearest residential development,
  • assessment of the risk of dust or odour nuisance,
  • proposal of technical and organisational measures.

An expert report should therefore not merely formally state the classification of the source. It should clearly evaluate whether the project is acceptable from an air protection perspective, whether it meets minimum distance requirements, and whether sufficient measures are proposed to limit dust or odour.

Recommendations for operators and investors

For new projects we recommend checking minimum distances already at an early stage of project preparation — ideally before submitting an application for a binding opinion or operating permit.

A basic check should include:

  • verification of whether the source falls under Annex 2a to the Air Protection Act,
  • checking the specific minimum distance value according to Annex 20 to Decree No. 415/2012 Coll.,
  • review of the spatial plan,
  • determination of the correct point or boundary from which distance is measured,
  • assessment of distance to residential and similarly sensitive areas,
  • proposal of technical or organisational measures,
  • evaluation of whether an expert report needs to be prepared or the operating rule amended.

Conclusion

The minimum distance requirement is a significant change in air protection. It places greater emphasis on prevention, spatial context, and protection of residents from dust and odour.

We recommend that operators and investors do not underestimate this issue. For some projects, assessment of minimum distance may be one of the decisive inputs for the opinion of the air protection authority and for the subsequent operating permit.

NATURCHEM, s.r.o. provides expert reports, dispersion studies, operating rules, authorised emission measurements, and consultations on obligations under the Air Protection Act.

Legislation and useful links