I am buying a house in Czechia, but someone else owns the land beneath it. What should I watch out for?

Since 1. 1. 2014, Czech law has applied the principle that a building forms part of the land (Section 506(1) of the Czech Civil Code, Act No. 89/2012 Sb.). If a seller offers a house without the land, this is an exception whose basis must be checked before signing. That basis determines whether the seller owns the house at all, who has a right of pre-emption over it, and how long the house may remain on the land.

Why the house is not part of the land

• An older building. A building attached to the ground by a fixed foundation that belonged to someone other than the landowner on 1. 1. 2014 did not become part of the land and is a separate item of immovable property (Section 3055(1) of Act No. 89/2012 Sb.). The same applies to a building erected on the basis of a right in rem or a contract that came into existence before that date (Section 3055(2)).
• A building right. A house may stand on the land under a building right. That right is itself a separate item of immovable property, and the building forms part of it (Section 1242 of Act No. 89/2012 Sb.). In that case, you are buying the building right, which is always temporary and may last no more than 99 years (Section 1244(1)). When it expires, the landowner pays compensation for the building equal to half its value, unless the parties have agreed otherwise (Section 1255).
• A temporary building. Temporary buildings do not form part of the land (Section 506(1)). Whether they constitute immovable property depends on whether they can be moved without impairing their substance (Section 498(1)).
• A building erected from 2014 onwards without a right to the land. Such a building belongs to the landowner (Section 1084(1) of Act No. 89/2012 Sb.), so the seller cannot sell it to you. The position of a person who builds in good faith is discussed in the article on building on someone else’s land (forthcoming) (in Slovak).

The landowner’s right of pre-emption

For older buildings, the law establishes reciprocal rights of pre-emption:

The following quotation is reproduced in its original language:

Vlastník pozemku, na němž je zřízena stavba, která není podle dosavadních právních předpisů součástí pozemku a nestala se součástí pozemku ke dni nabytí účinnosti tohoto zákona, má ke stavbě předkupní právo a vlastník stavby má předkupní právo k pozemku. […] K ujednáním vylučujícím nebo omezujícím předkupní právo se nepřihlíží.

§ 3056 ods. 1 zákona č. 89/2012 Sb.

Once the seller concludes a purchase agreement with you, they must offer the house to the landowner (Section 2143). An offer relating to immovable property must be in writing and must set out the contents of the agreement the seller has concluded with you (Section 2147(1) of Act No. 89/2012 Sb.). If the landowner accepts, the purchase takes place between them and the seller on the same terms (Section 2147(2)), and the landowner must pay the purchase price within the agreed period or, otherwise, within 3 months of the offer. If they fail to do so, the right of pre-emption under this provision expires (Section 2148(1)).

In its judgment in case 22 Cdo 805/2021 of 29. 7. 2021, the Supreme Court of the Czech Republic stated that the provisions on rights of pre-emption (Section 2140 et seq. of Act No. 89/2012 Sb.) apply to the statutory right of pre-emption under Section 3056, and that it is a right in rem. If the seller does not offer the house to the landowner, the landowner may require the purchaser to transfer it to them (the right of retrakt, Section 2144(1)). In addition, a purchaser who knew or ought to have known of the right of pre-emption enters into the agreement subject to a condition subsequent under which the agreement is terminated if that right is exercised (Section 2145). If the house stands on several plots of land, the right of pre-emption applies only in relation to the plot on which the greater part of the house stands (Section 3059 of Act No. 89/2012 Sb.). If the greater part does not stand on any single plot, no right of pre-emption arises under Section 3056, as the Supreme Court of the Czech Republic reiterated in its judgment in case 22 Cdo 1856/2026 of 26. 8. 2026.

What to check before signing

• land register extracts for both the house and the land, their owners and any encumbrances affecting them,
• the written offer of the house to the landowner and their response, or, where applicable, the progress of the period allowed for payment,
• the legal basis on which the house stands on the land (a lease, an easement or a building right) and whether that basis will transfer to you,
• for a building right, its remaining term, the periodic payment for that right, and whether the landowner has reserved a requirement for their consent to any encumbrance of the building right, which matters when arranging a mortgage (Section 1252(2) of Act No. 89/2012 Sb.).

If possible, buy the house together with the land. If the land and an older building come into the ownership of the same person, the building becomes part of the land (Section 3058(1)). The Slovak rules, under which a building does not form part of the land, are discussed in the question on a house or fence on a neighbour’s land. Differences in registration of title when buying in Czechia are explained in the question on buying property in Czechia and registering title.

We will examine the house, the land, the acquisition documents and the offer to the holder of the right of pre-emption as part of our legal due diligence on property service, and reflect our findings in the purchase agreement. An attorney at our firm is registered with both the Czech Bar Association and the Slovak Bar Association.