Housing & DevelopmentExplainer
Notary, lawyer or escrow: who does what in a Czech property deal
A notary serves both sides, a lawyer serves one, and escrow is a job rather than a profession. Which of them you need, and which you can skip.
In this article 11 sections
A Czech property purchase has more professionals around it than a newcomer expects, and their roles overlap just enough to cause confusion. The three that matter are the notary, the lawyer and whoever holds the escrow. They are not interchangeable, and in a well-run deal they are not all necessary either.
The shortest way to keep them apart: a notary is an impartial public officer serving both sides, a lawyer is a private adviser serving one, and escrow is a function, not a profession. A notary, a lawyer or a bank can all do it.
The notary
A notary (notář) is appointed by the state and works under rules set by law, supervised by the Notarial Chamber. Notaries are neutral and do not advise one party against the other.
In property they typically do three things. They verify signatures, which most contracts filed with the registry need. They can draw up a notarial deed (notářský zápis), a document with special evidential force, though the sale of a flat does not require one. And they can take money into custody (notářská úschova) and release it on instructions agreed in advance.
Notary fees follow a regulated tariff, which makes them predictable. Check the tariff or ask for a quote (as of 2026; check the official source). The predictability is a quiet advantage for a foreign buyer who does not want a conversation about fees in a language he or she is still learning.
The lawyer
A lawyer (advokát) is a member of the Czech Bar Association and owes duties to the client. In a purchase the lawyer checks the ownership sheet and other documents, advises on the contract, drafts or reviews it, prepares the registry filing and can hold the price in a client account.
The fee is negotiated. Some lawyers work for a fixed price per transaction, others by the hour, so ask which and what it covers. A buyer's lawyer does not act for the seller, and where a broker is involved, the broker's lawyer is usually the seller's. The simplest test of whose lawyer you are talking to is to ask who pays the invoice.
The escrow holder
Escrow means a neutral party holds the money until agreed conditions are met. Notary custody is formal, with rules and fees set by law and tariff. A lawyer's client account is more flexible but depends on professional regulation and insurance, so ask about both. Bank escrow comes on standard forms at standard fees, sometimes with less room on conditions.
The choice is about trust, cost and speed. Deals with many conditions often go to a lawyer; those wanting a formal route at a fixed tariff go to a notary. Our separate piece on reservation agreements and escrow explains the three-party agreement that sits behind all of them.
What none of them does
None of them decides who owns the flat. That is for the land registry, in an administrative procedure. A verified signature or a drafted contract is a step, not the finish. And none of them guarantees the condition of the property, which is what a survey is for.
This matters because the presence of a notary at a signing can look like an official seal on the whole deal. It is not. The notary verifies who signed, not whether the price is fair or the flat is sound.
Do you need all three?
The law requires none of them for an ordinary sale. In practice the buyer almost always benefits from a lawyer, signature verification is nearly always needed (a notary or an official desk), and escrow is advisable whenever money changes hands before registration.
If one professional does several jobs, ask about conflicts of interest. A lawyer who advises both buyer and seller should say so in writing, and you should decide whether you are comfortable with it.
Foreign buyers
If you do not read Czech, you need a lawyer who explains the contract in a language you understand, and a sworn translator for documents going to the registry. A notary can verify your identity but is not there to advise you. Many foreign buyers assume the notary will explain the contract to them simply because the notary is in the room. The notary will confirm what the document says and who has signed it. The explanation is your lawyer's job.
Choosing
Check that the notary or lawyer is registered with the relevant chamber. Ask for a written quote. Ask who will do the work, since the person you meet may not be the one drafting. Ask how escrow is held and what insurance is carried. A professional who welcomes these questions is a good sign.
A short tour of a signing day
On a typical signing day, buyer and seller meet at a notary's office or a lawyer's office with the contract printed in Czech and, for the foreign party, a translation. Identity documents are checked. Each party signs in front of the person verifying, who records the signature in a register. If escrow is part of the deal, the three-party agreement is signed at the same sitting, and the buyer is told where to send the price. The application for entry is then prepared for filing. Nothing in this sequence is mysterious, but every step belongs to someone, and the person who does the step is usually the person you should ask about it.
The roles feel clearer in a story. The lawyer says whether the contract is safe. The notary says who signed it. The escrow holder says where the money is. The registry says who owns the flat. Four questions, four different answers, and no single professional who can answer all four for you.
Why impartial does not mean on your side
A notary's neutrality is easy to mistake for protection. The notary will not mislead either party, and will point out when a document is legally defective. But the notary will not negotiate a better clause for you, will not tell you the price is too high and will not explain commercial risk. That is what an adviser is for. A buyer who relies on the notary alone has a signature checked and a deal unreviewed.
Costs to ask about
Ask each professional for a written quote that says what is included. For notaries, the tariff makes the figure easy to check. For lawyers, ask whether the fee is fixed or hourly, whether the filing is included and whether translation is extra. For escrow, ask whether the fee is a percentage or a flat amount and who pays. Since the parties can agree to split these, put the split in the contract. Costs are not hidden in Czech property, but they are scattered, and a buyer who asks for the list at the start sees the whole picture before committing to any part of it.
A first step
Make a one-page list of who does what in your deal: who checks the register, who drafts the contract, who verifies signatures, who holds the money, who files at the registry. A blank line is the gap.
This is a general explainer, not legal, tax or mortgage advice.
Sources
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