Checklist: what must be ready before I sell the first flat in a tenement building
Published 4 November 2026
You can safely sell the first flat in a tenement building (činžák) only when the unit legally exists – that is, when it is defined by an owner's declaration and registered in the Czech Land Registry. You must also resolve any mortgages and enforcement proceedings, sort out tenant arrangements, verify the building's structural condition and agree on payment terms. Missing any step risks delays, disputes or sale cancellation.
Summary
- You can sell only a unit registered in the Land Registry; a contract to sell a 'flat' in an undivided building is insufficient.
- Before the first sale, verify mortgages, enforcement proceedings and that building documents match the actual condition.
- Ownership passes only through Land Registry registration; the authority cannot decide before 20 days from notification, with average registration taking about 22 days.
- Payment must be by bank transfer, preferably through attorney escrow; cash payments are limited to 270,000 CZK per day.
- Progress to the next phase only with confirmed numbers at the three gates: legal, permit and sales gate.
Why you cannot start selling immediately
Until the building is divided into units, you are selling the entire property or a co-ownership share, not a flat.
Under the Czech Civil Code (Act No. 89/2012 Coll., § 1166 et seq.), ownership of a unit arises on the basis of an owner's declaration and its registration in the Czech Land Registry (katastr nemovitostí). Until then, a 'flat' is only a factual term. A contract to sell something that does not legally exist cannot be properly registered in the Land Registry, and the sale will fail.
Preparation pays off economically: the typical difference in value between selling the entire building and selling units individually is +20–40%. However, the exact figure depends on a feasibility study for your specific property. You can roughly check the potential using our building potential calculator.
Legal checklist: what must be settled
Legal preparation is the foundation and must be completed before you approach the first buyer.
- Land Registry extract and ownership structure. Verify that you are the sole owner or that you have the consent of all co-owners. The general right of pre-emption for co-owners has been abolished; it only applies for six months from the creation of co-ownership, if the share arose through inheritance (§ 1124 of Act No. 89/2012 Coll.).
- Mortgages, property burdens and notes. Mortgages, enforcement proceedings or insolvency complicate the sale. Enforcement is governed by the Rules of Court Enforcement (Act No. 120/2001 Coll.), insolvency by Act No. 182/2006 Coll.; dealings with property may be restricted.
- Owner's declaration. It must clearly define the units, common parts and ownership shares (§ 1166 et seq. of Act No. 89/2012 Coll.). Errors in definition or shares are difficult to correct later and will affect all buyers.
- Discharge of mortgage. If the building is burdened by a mortgage, agree with the lender in advance on the discharge of the unit or settlement from the purchase price.
Building and technical checklist
The building's structural condition must match what is described in the owner's declaration.
The buyer and their bank will want to see that the unit is as described. Before the first sale, therefore check:
- whether the actual layout of the flats matches the documentation, especially after renovations, loft conversions or unit mergers;
- whether changes that required permission or notification are documented as legal under the Czech Building Act (Act No. 283/2021 Coll.) (for older buildings, also under the regulations in force at the time of work);
- whether it is clear which spaces belong to the unit and which are common, for example cellars, attics, chimneys, risers and technical rooms;
- whether utility measurements and billing can be separated for individual flats.
This is what the permit gate addresses: without confirmed building specifications, you cannot proceed with the sale.
Tenants, building management and documents for the buyer
An occupied flat can be sold, but the buyer must know exactly what they are taking over.
Upon transfer of ownership, the buyer assumes the rights and obligations of the landlord (§ 2221 of Act No. 89/2012 Coll.). The lease agreement does not terminate with the sale. Prepare a summary of lease agreements, rental amounts, deposits and any tenant arrears.
Future building management is also important. Once units are created, you must plan for either a homeowners' association or another management structure (§ 1194 et seq. of Act No. 89/2012 Coll.). The buyer will want to know the expected costs, the maintenance fund and maintenance plan. Prepare a sales package: Land Registry extract, owner's declaration, flat floor plan, lease agreements and basic building information.
Payment, registration and taxes: when is the sale complete
The sale is complete only upon registration in the Land Registry, not by signing the contract or making payment.
Ownership passes through registration in the Czech Land Registry. Under the Land Registry Act (Act No. 256/2013 Coll.), the Land Registry office cannot decide before 20 days from owner notification; the average registration time is about 22 days. Factor this into your timeline and any agreed handover date.
| Area | What to verify |
|---|---|
| Payment | By bank transfer via attorney escrow; cash payment is limited to 270,000 CZK per day (Act No. 254/2004 Coll.). |
| Registration | Application for registration; the office cannot decide before 20 days from notification, averaging about 22 days. |
| Acquisition tax | Abolished (Act No. 386/2020 Coll.). |
| Income tax | Generally depends on the holding period and whether it was the owner's residence (Act No. 586/1992 Coll.); discuss your specific situation with a tax adviser or with the Tax Office. |
What to do now
First, determine where your building stands on the path to the first sellable unit, then approach buyers.
- Download the current Land Registry extract and verify mortgages, enforcement proceedings and any notes.
- Gather building documentation, floor plans and evidence of any changes made.
- Prepare a summary of lease agreements and claims.
- Consider Audit and Plan, a paid feasibility study with results within 6 weeks.
- Familiarise yourself with how the phases and three gates work (legal, permit, sales gate), and verify whether this model applies to you.
You can obtain a non-binding offer or building assessment through the form below. Simply provide basic building information and we will suggest the next steps.