Risks and legal situations

Latent defects (skryté vady)

In Czech: Skryté vady nemovitosti

Latent defects (skryté vady) are faults in a property that could not normally be spotted at the viewing or handover, such as damp in the walls or damaged pipes. For buildings, the law links them to a five-year period from acquisition.

Also called: skryté vady, hidden defects, concealed defects

What it means

A latent defect (skrytá vada) is a fault that already existed at handover but which the buyer could not recognise during an ordinary viewing. Skryté vady nemovitosti typically include damp hidden under fresh plaster, damaged sewer pipes, roof faults or structural problems that show only later.

Latent defects should be distinguished from obvious defects, which the buyer could have seen at the viewing, and from legal defects (právní vady), such as a lease or an easement. Each group is assessed differently.

How it works in the Czech Republic

Under § 2129(2) of the Czech Civil Code (občanský zákoník), a buyer must assert a latent defect of a building firmly attached to the ground within five years of acquisition. If they do not, and the seller objects that the claim was made too late, the court will not grant it.

This objection does not help the seller if the defect results from a fact the seller knew or must have known about when handing over the property. That is why the seller's statements in the purchase agreement, which must be in writing for real estate, and the handover protocol (předávací protokol) matter so much.

It is sensible to notify the seller in writing as soon as you discover a defect and to back it up with photos or an expert report. Discuss with a lawyer which claims arise and what other deadlines apply.

Practical example

For example, a buyer takes over a flat in summer and in winter mould and damp patches appear under the new paint. She has the condition documented, orders an expert report and notifies the seller in writing. If the report shows the damp existed before the sale, this can affect how the matter is assessed.

What to watch out for

  • Bring a technician or building surveyor to the viewing, especially for older houses.
  • Ask about leaks, damp, repairs and insurance claims, and have the answers written into the contract.
  • List known defects in the purchase agreement or the handover protocol.
  • Notify the seller of any defect in writing as soon as possible and keep evidence.
  • If the contract says the property is sold as it stands (jak stojí a leží), ask a lawyer what that means for you.

Frequently asked questions

How long do I have to claim a latent defect in a house?

For a building firmly attached to the ground, five years from acquisition (§ 2129(2) of the Civil Code). Still, notify the seller as soon as you find the defect.

What if the seller knew about the defect?

If the defect results from a fact the seller knew or must have known about, the objection that the claim came too late does not help them.

How is a latent defect different from a legal defect?

A latent defect concerns the physical condition of the property, a legal defect concerns third-party rights such as a lease or an easement.

  • Legal defects of a property (právní vady)Legal defects of a property (právní vady nemovitosti) are third-party rights or other legal restrictions that stop the buyer from freely using or disposing of it, such as a lien, easement, lease, enforcement or ownership dispute.
  • Purchase agreement (kupní smlouva)A purchase agreement (kupní smlouva) is the written contract in which the seller undertakes to transfer ownership of a property to the buyer and the buyer undertakes to pay the price. Ownership passes only on entry into the land register.
  • Handover protocol (předávací protokol)A handover protocol (předávací protokol) is a written record of handing a property over to a new owner or tenant. It notes the date, the condition of the flat or house, meter readings, keys and documents handed over and any defects.
  • Structural stability (statika budovy)Structural stability (statika budovy) describes how a building's load-bearing parts, its foundations, walls, floors and roof frame, carry loads. Structural defects show up as cracks or sagging ceilings and are assessed by a structural engineer.
  • Waterproofing (hydroizolace)Waterproofing (hydroizolace) is a layer or treatment that stops water and ground moisture getting into walls, floors, cellars and the roof. Where it is missing or worn out, you get damp, mould and crumbling plaster.
  • Renovation (rekonstrukce)Renovation (rekonstrukce) means repairing or modernising a flat or house by renewing parts of it, such as wiring, plumbing, the bathroom, windows or roof. In Czech listings the word can cover anything from new floors to a full rebuild.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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