Buying property

Purchase agreement (kupní smlouva)

In Czech: 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.

Also called: sale and purchase agreement, property sales contract, kupní smlouva

What it means

The purchase agreement (kupní smlouva) is the core document of any property purchase in the Czech Republic. In it the seller agrees to hand over the property and transfer ownership, and the buyer agrees to take it over and pay the purchase price. The land register (katastr nemovitostí) records the new owner on the basis of this contract.

The contract defines exactly what is being sold: a flat as a unit (jednotka) including a share in the common parts of the building, a house together with its plot, or land alone. Under the Civil Code a building on a plot is normally part of that plot, while utility networks are not.

How it works in the Czech Republic

Czech law requires written form for any legal act transferring a property right to real estate (Civil Code § 560), and this expressly applies to a property purchase agreement (§ 2128). An oral deal is not enough to transfer ownership.

The contract is usually drafted by a lawyer (advokát), a notary (notář) or the estate agency. It identifies the parties, describes the property exactly as in the land register (cadastral area, parcel number, unit number, title deed number), states the price and how it will be paid, often through escrow (úschova), sets the handover date and includes the seller's statements about the condition of the property and any third-party rights.

After signing, the contract is filed with the cadastral office together with an application for entry (návrh na vklad). The buyer acquires ownership by the entry (§ 1105), with effect from the day the application reached the office. The real estate acquisition tax has been abolished; what remains is an administrative fee of CZK 2,000 per application.

Practical example

For example, a buyer agrees to purchase a 2+kk flat for CZK 5,000,000 (an illustrative figure). The contract says the price will be deposited in a lawyer's escrow account and released to the seller only once the land register shows the buyer as owner with no new mortgages. The keys are handed over within two weeks of the entry, and both sides sign a handover protocol (předávací protokol).

What to watch out for

  • Compare the property description in the contract with the title deed (list vlastnictví) on nahlizenidokatastru.cz, including unit and parcel numbers.
  • Make sure the contract states precisely when and under what conditions the money is released to the seller.
  • Ask about mortgages, easements, tenants and other third-party rights, and have the way they will be cleared written into the contract.
  • Agree on the handover date, penalties for delay and what happens if the cadastral office rejects the entry.
  • A latent defect of a building must be claimed within five years of acquisition, so keep the seller's written statements about the condition in the contract.

Frequently asked questions

Does a Czech purchase agreement have to be signed at a notary?

The law requires written form. Whether signatures must be officially certified and who should draft the contract is best confirmed with a lawyer or notary; in practice lawyers, notaries and agencies all prepare these contracts.

When do I become the legal owner?

On entry into the land register. The entry takes effect from the day the application reached the cadastral office, even if the office records it later.

Is there a property transfer tax?

No, the real estate acquisition tax was abolished in 2020. The fee for filing the application for entry is CZK 2,000.

  • Agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní)An agreement on a future purchase agreement (smlouva o smlouvě budoucí kupní) obliges the parties to sign a purchase agreement later on terms agreed now. It is used when a sale cannot be completed yet, for example for a flat under construction.
  • 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.
  • Entry into the land register (vklad do katastru)Entry into the land register (vklad do katastru nemovitostí) is the registration of ownership or another property right in the land register based on a contract. Only this entry makes the buyer the owner, with effect from the day of filing.
  • Latent defects (skryté vady)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.
  • 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.
  • 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.

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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