Converting shared apartment buildings with multiple owners: who must consent?
Published 2 November 2026
As a co-owner, you cannot convert a shared building into separate units on your own unless you own the whole property. The Czech Civil Code (Act No. 89/2012 Coll.) allows majority decisions (weighted by ownership share) for routine management, but the owner's declaration (prohlášení vlastníka) and building sale typically require all co-owners' agreement. Preparation can nonetheless begin before full consensus is reached.
Summary
- Ownership share size determines voting weight, but steps affecting the substance of the property typically require more than a simple majority.
- The owner's declaration under Section 1166 of the Czech Civil Code must reflect the will of all co-owners.
- If disagreement persists, the court can decide, but the outcome is uncertain and time-consuming.
- An audit and plan can begin before final agreement; it will show whether conversion makes economic sense for all co-owners.
The basic principle: what decisions require a majority and what require all agreement
Whether a majority suffices or all must agree depends on how deeply the step affects the shared property.
The Czech Civil Code (Act No. 89/2012 Coll.) regulates co-ownership in provisions from Section 1115 onwards. For routine management of shared property, decisions are made by majority vote weighted by share size, not by number of persons (Section 1128). A co-owner with a larger share thus has greater voting weight.
Converting an apartment building, however, is not routine management. It changes the legal nature of the entire property: from one shared property, separate units with individual owners are created. Such a fundamental change can rarely be decided by simple majority and is typically resolved by agreement of all parties.
| Type of decision | How it is decided |
|---|---|
| Routine management of shared property | Majority vote by share size (Section 1128) |
| Owner's declaration and creation of units | Joint action by all co-owners (Section 1166) |
| Sale or disposal of one's own share | Independently, without others' consent |
Why the owner's declaration requires all co-owners' agreement
Without a joint declaration, no separate units will be created that can be sold independently.
Division of a building into residential and non-residential units is performed by owner's declaration under Section 1166 of the Czech Civil Code and subsequent registration in the Czech Land Registry (Czech Cadastral Act No. 256/2013 Coll.). If the building is owned by multiple persons, all co-owners make the declaration jointly, as it determines what constitutes a unit, what are common parts, and what share each will have in them.
A co-owner with a larger share cannot therefore outvote others and 'create' units for them. However, they can present a calculation showing what each co-owner would gain.
What a co-owner can do independently
A co-owner can independently manage their own share and prepare documentation.
- Sell or pledge one's share. The general right of pre-emption of co-owners was abolished by amendment to the Civil Code. It remains only for shares acquired by inheritance, lasting six months from the creation of co-ownership (Section 1124).
- Commission a property analysis. Assessing the technical, legal status and economics of division does not require a change in ownership.
- Negotiate with others. An agreement may include unequal terms, such as buying out other shares or joint sale.
Structural modifications, if part of the plan, are assessed under the Czech Building Code (Act No. 283/2021 Coll.) and whether co-owners' consent exists.
Process for obtaining consent
Consent is best obtained gradually and based on figures, not promises.
- Verify from the Czech Land Registry (katastr nemovitostí) who the co-owners are and their respective shares.
- Find out whether there are mortgages, enforcement actions or easements that might restrict any agreement.
- Commission an audit and plan—a paid feasibility study with results within six weeks.
- Present to co-owners a comparison: sale of the whole building versus unit-by-unit sales. Typical value difference is +20–40%, the exact figure depends on the feasibility study.
- Conclude a written agreement on the process, division of costs and proceeds.
- Only then sign the declaration and file the application for registration.
The project passes three gates (legal, permit, sales) and proceeds to the next phase only with confirmed figures. The entire process is described on the How it works page.
When co-owners disagree
If disagreement persists, court proceedings or co-ownership termination remain options, but neither is quick.
If the required majority is not achieved on management issues, a court will decide on the application of a co-owner (Section 1129). This applies to management decisions, not to forcing division of the building into units against others' will.
Another option is termination of co-ownership and settlement under Sections 1140 et seq. of the Czech Civil Code: by agreement, by awarding the property to one co-owner with compensation, or by sale and division of proceeds. For an owner seeking to increase the property's value through unit sales, this represents a different goal. Alternatives include buying out other shares or selling your own.
Non-cash payment and attorney escrow should be agreed in the contract; cash payments are limited to 270,000 Czech crowns per day (Act No. 254/2004 Coll.). Ownership passes only upon registration in the Czech Land Registry, and the cadastral authority cannot decide before 20 days have passed since notifying the owner (Czech Cadastral Act No. 256/2013 Coll.).
What to do now
Start with documentation and negotiation, not signatures.
- Prepare a current extract from the Czech Land Registry (katastr nemovitostí) and a list of co-owners with contact details.
- Gather rental agreements, a summary of the building's income and expenses, and any available architectural documentation.
- Check whether the building is subject to a mortgage, enforcement action or other restrictions.
- Consider whether you want to use the audit and plan first so you have concrete figures for negotiations with others.
Find answers to further questions in the FAQ section. Get a non-binding offer or property assessment using the form below the article. Verify the tax implications of sale (such as holding period and residence tests) with the Czech Tax Authority or a tax advisor.