Ownership and property rights
Cooperative ownership (družstevní vlastnictví)
In Czech: Družstevní vlastnictví
Cooperative ownership (družstevní vlastnictví, DV) is a misleading name: the buyer does not become owner of the flat but acquires a share in a housing cooperative, which carries the lease of the flat.
Also called: DV, cooperative flat, co-op flat, družstevní byt
What it means
Czech listings mark cooperative flats as cooperative ownership (družstevní vlastnictví), usually shortened to DV. The name is misleading: the building and its flats belong to a housing cooperative (bytové družstvo). A member holds a cooperative share (družstevní podíl), the bundle of their rights and duties towards the cooperative, and on that basis lives in a specific flat as its tenant.
So when you buy a DV flat, you buy the share, not the flat. Under Section 736 of the Business Corporations Act (zákon o obchodních korporacích), the transfer of the share also transfers the lease of the cooperative flat or the right to have the lease concluded. The land register keeps showing the cooperative as owner.
How it works in the Czech Republic
The seller and buyer sign an agreement on the transfer of the cooperative share (smlouva o převodu družstevního podílu). By law the transferability of a share in a housing cooperative cannot be restricted or excluded, so the cooperative cannot block the sale. How and when the transfer is reported to the cooperative is set out in its articles (stanovy), so get a copy before you sign.
As a new member and tenant you pay the cooperative a monthly rent which, under Section 744, covers only its reasonably incurred costs, plus advances for services. If the cooperative is still repaying a loan for the building, your payments usually include an annuity (anuita) as well.
Because you do not own the flat, you cannot pledge it to a bank the way an owner of an OV flat can. Financing is more complicated: a bank may ask for another property as collateral or offer a different type of loan. Check the conditions with the specific bank.
Practical example
For example, a 3+1 flat is listed as DV for an illustrative CZK 3,500,000. The buyer signs the share transfer agreement, pays the price and, once the steps required by the articles are completed, the cooperative records the buyer as a new member and tenant. Nothing changes on the title deed (list vlastnictví) of the building: the cooperative remains the owner.
What to watch out for
- Check on nahlizenidokatastru.cz that the building belongs to the named cooperative and which restrictions part C of the title deed lists.
- Ask for the articles, the cooperative's confirmation that the share belongs to the seller, and a statement of any debts the seller owes the cooperative.
- Find out whether the building is still repaying a loan and how much of it falls on the flat.
- Treat a promised transfer to personal ownership as an intention until the cooperative has formally decided on it.
- Look up the cooperative and its financial statements in the commercial register (obchodní rejstřík) on justice.cz.
Frequently asked questions
Do I own a cooperative flat after buying it?
No. The housing cooperative owns the building and the flat. You acquire a cooperative share, membership and the lease of the flat.
Can the cooperative stop the sale of the share?
No. Under Section 736 of the Business Corporations Act the transferability of a share in a housing cooperative cannot be restricted or excluded. The articles do govern how the transfer is reported.
Is the purchase recorded in the land register?
No. A share transfer is not entered in the land register, which keeps listing the cooperative as owner of the building.
On Lovec-Realit.cz
Sources
Laws and official pages this text is based on (in Czech).
- Zákon o obchodních korporacích - Díl 2 Bytové družstvo - businesscenter.podnikatel.cz (Internet Info)