Risks and legal situations

Enforcement against a property (exekuce)

In Czech: Exekuce nemovitosti

Enforcement against a property (exekuce) is the forced recovery of a debt in which a court bailiff targets the debtor's house, flat or land. Once it starts, the owner may not freely dispose of the property, and it may be sold.

Also called: exekuce, property seizure, enforcement proceedings, exekuce na nemovitost

What it means

Enforcement against a property (exekuce nemovitosti) is how a creditor who holds a court decision or another enforceable title recovers a debt the debtor has not paid voluntarily. It is carried out by a court bailiff (soudní exekutor). If it targets real estate, it can end with the property being sold, with the proceeds going towards the debt and the costs.

For a buyer, the key point is that ongoing enforcement restricts what the owner may do with their assets. A property under exekuce cannot be bought in the usual way, even if the owner is advertising it openly.

How it works in the Czech Republic

Under § 44a of the Czech Enforcement Code (exekuční řád), once the debtor (povinný) has been notified that enforcement has started, they may not dispose of their assets, including real estate, beyond ordinary business activity and ordinary needs. A legal act that breaks this ban is invalid. Czech lawyers call it the general prohibition (generální inhibitorium).

The ban ends when the enforced claim is paid and the advance on costs is covered (§ 46(6) of the Enforcement Code). Selling real estate is one of the methods of enforcement, and with consent the law also allows a sale outside an auction. The exact procedure must always be agreed with the bailiff handling the case.

Enforcement is usually also reflected in the land register (katastr nemovitostí) as a note on the title deed (list vlastnictví). Records of enforcement cases are also kept in the Central Register of Enforcements (Centrální evidence exekucí).

Practical example

For example, you find a family house for CZK 6 million and the title deed shows a note about enforcement over a debt of CZK 300,000 (illustrative amounts only). A purchase agreement signed straight away would be invalid. One option is to agree with the seller and the bailiff how the debt will be paid, for instance from part of the price held in escrow, and to continue only once the ban has ended.

What to watch out for

  • Before signing a reservation, download a current title deed and look for enforcement notes and other restrictions.
  • Do not pay a deposit or the price directly to the seller until it is clear how and when the ban on disposal will end.
  • Ask the bailiff for written information on the state of the case and on what has to be paid.
  • If there are several enforcement cases, make sure all of them are resolved, not just the largest one.
  • Have a lawyer review the contract and the payment arrangement.

Frequently asked questions

Can I buy a flat that is under exekuce?

While the ban on disposal applies, a purchase agreement is invalid. A purchase is possible only after the ban ends, or through a procedure the bailiff agrees to, so always check first.

When does the ban on disposing of property end?

Under § 46(6) of the Enforcement Code it ends when the enforced claim is paid and the advance on costs is covered. The bailiff handling the case can tell you where things stand.

How do I find out whether a property is under enforcement?

Check the title deed (list vlastnictví) on nahlizenidokatastru.cz and the Central Register of Enforcements (Centrální evidence exekucí).

  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.
  • Property auction (dražba)A property auction (dražba) is a legally regulated public sale in which the highest bid wins the property. It can be held, for example, as a public auction under the Public Auctions Act or as an auction within enforcement proceedings.
  • Insolvency (insolvence)Insolvency (insolvence) is a situation in which a debtor cannot meet their obligations. During insolvency proceedings the debtor must refrain from significant dealings with their assets, so selling their property follows special rules.
  • Lien (zástavní právo)A lien (zástavní právo) secures a debt: if the debtor does not pay, the creditor can be satisfied from the pledged property. On a property in the land register it arises by entry and stays with the property when it changes hands.
  • Purchase price escrow (úschova kupní ceny)Purchase price escrow (úschova kupní ceny) means the buyer deposits the money for a property with a lawyer, notary or bank, who pays it to the seller only when agreed conditions are met, usually once the buyer is in the land register.
  • Plomba in the land register (plomba v katastru)A plomba in the land register is the informal name for a note that proceedings affecting the registered rights are under way, typically an entry after a sale. The law calls it marking that the rights are affected by a change.

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

All terms in the glossary