Twenty minutes of paper that can save a flat purchase: Czech legal checks

Due diligence has a dull reputation, but in Czech property it is where a deal is made safe. Most of what can go wrong with a flat shows up in a handful of documents before any money moves. The trouble is not that the documents are hard to get. It is that nobody asks for them until the mood of the deal has already turned towards signing.

This is a checklist for that earlier stage. It does not replace a lawyer, and some items will not apply to every purchase. Its purpose is to give you a list you can hand to the seller, the broker and your lawyer, so that everyone is looking at the same questions.

Ownership and authority to sell

Registered owner. Get a current ownership sheet (list vlastnictví) from the Cadastre of Real Estate and confirm the seller is the person listed. Match names and, for companies, company numbers. Our guide to reading the sheet shows the order.

Co-owners and spouses. If several people are listed, all need to be party to the sale. If the flat is joint property of spouses, the other spouse's participation or consent can be required. Ask.

Authority. If someone signs for the seller, check the power of attorney: who granted it, to whom, for what, and in what form. A power of attorney that does not cover this particular sale is not authority to make it.

Inheritance. If the seller inherited the flat, check that the inheritance decision has been entered in the register. A seller who is still "waiting for the paperwork" may not yet be the owner on the record.

Burdens and restrictions

Mortgages and liens. For every one on the sheet, ask how it will be repaid and by whom, and make sure the contract says when the lender releases its claim.

Enforcement and insolvency. An enforcement note (exekuce) or an insolvency entry, on the sheet or in the insolvency register, is a serious warning. The sale may be restricted or void.

Easements. Easements (věcná břemena) can give someone a right to use the flat or pass through it. A lifetime right of residence for a previous owner is the classic case, and it travels with the flat.

Pre-emption rights. Someone else may have the right to buy first. The sheet shows it.

The flat and the building

Match to reality. Compare the cadastre description with the floor plan and the actual layout. If walls have been moved, the registered area may not match.

Lawful construction. Ask for the building approvals, including the permit for use (kolaudační rozhodnutí) where one applies. An unapproved extension or loft conversion causes trouble.

Energy certificate. A certificate (PENB) is generally required on sale of a building or unit. Ask for it. The rules are set by the Ministry of Industry and Trade (as of 2026; check the official source).

Technical condition. A survey is not a legal check, but damp or a structural problem will weigh on your decision more than most clauses.

The owners' association

Find out whether the building is run by an owners' association (společenství vlastníků jednotek, SVJ) or belongs to a housing cooperative. The legal position and your rights differ.

Ask for the latest accounts, the reserve fund balance, planned repairs and any loans the association has taken. A large loan means larger payments for owners. Ask also for written confirmation that the seller owes no charges, so that no debt follows the flat, and read the house rules and recent minutes. They tell you about disputes, plans and rules on short-term letting.

Occupants

If the flat is let, the lease may pass to the buyer, so ask for the lease, the deposit and the payment history. If the seller promises an empty flat, put it in the contract with a date and a penalty. A promise to vacate that is not written down is a hope.

Identity, funds and language

Expect identity checks and questions about the source of funds from banks, notaries and lawyers, under anti-money-laundering rules. Both parties are screened against sanctions lists. If you do not read Czech, get certified translations of the key documents.

Timing

Run the ownership search at the start, again just before signing and again before the filing. Entries can appear in between, such as a new enforcement note or a pending application. This is also where the structure of Czech transfers helps you: because the entry reaches back to the filing date, the last search you run is the one that protects you from last-minute surprises.

Why the order matters

The checks are cheapest early. Reading the sheet costs nothing and takes minutes. A lawyer's review of the documents costs a modest fee and a few days. A reservation deposit lost to an avoidable problem costs far more. So the sensible sequence is to run the free checks first, commission the professional ones second, and pay a deposit only when both have come back clean or with explained exceptions. Buyers who reverse that order are not being brave. They are being rushed.

It also helps to treat the seller's response as a signal. A seller who answers questions plainly and produces documents is easier to trust than one who calls the questions unnecessary. This is not proof of anything, but it is data, and it is free.

When a check turns up something

Finding an entry is not the same as finding a deal-breaker. The question to ask of every finding is what it would cost, who bears the cost and how the contract will deal with it. A mortgage can be repaid from the price. An easement may be harmless or may make the flat unusable for you. An association loan may be reasonable or may signal a building in trouble. The lawyer's role is to translate each item into a yes, a no or a "yes, if the contract says so".

Walking away is a legitimate result. It is cheaper to lose a viewing and a lawyer's hour than a deposit, and a good seller will not be surprised that a careful buyer asks.

Frequently asked questions

Who should run the legal checks?

A Czech lawyer who works for you, not for the seller or the broker. You can do the first read of the public register yourself.

How often should I check the ownership sheet?

At the start, again just before signing and again before the filing, since new entries can appear in between.

Do I need an energy certificate?

A certificate (PENB) is generally required on sale of a building or unit. Ask for it (as of 2026; check the official source).

What if the seller says the flat will be empty?

Put it in the contract with a date and a penalty. A promise that is not written down is a hope.

Who holds which document

Not everything comes from one place. The ownership sheet comes from the cadastre, and you can read it yourself. The floor plan, the building approvals and the energy certificate usually come from the seller. The association's accounts and the statement of arrears come from the association or its manager, and the seller has to ask for them, which can take days. Insolvency records are public but separate. A buyer who knows this can send one tidy request to each source and stop waiting for a single envelope that will never arrive.

A first step

Ask the seller or broker for a document pack: current ownership sheet, floor plan, approvals, PENB, association accounts and a statement of arrears. Take it to a Czech lawyer and ask for a one-page list of open questions before you pay any deposit.

This is a general explainer, not legal, tax or mortgage advice.