For agricultural land leased to a business, the statutory minimum is 3% of its officially assessed value. The usual rent figure reflects local prices: district offices publish the average of actual agreed rents for each cadastral area by 30 June annually, in euros per hectare. This official figure supports negotiations on a new lease and unjust enrichment calculations where land is used without an agreement.
The cooperative offers a few euros per hectare, a neighbour reportedly receives three times as much, and the heirs do not know what is normal. An official comparison figure exists for this: usual rent, calculated annually from actual agreed rents in each cadastral area.
The statutory minimum for business leases
Act No. 504/2003 Coll. on Agricultural Land Leases sets a minimum for land leased to a farming business:
A lease of land under Section 1(2)(a) or (c) for agricultural purposes in operating a business requires agreement on the rent or how it is determined. Rent must be at least 3% of the agricultural land value determined under special legislation.
— Section 10(1) of Act No. 504/2003 Coll., unofficial translation
The minimum uses official land value rather than market price, so it is often below rents usual in fertile areas. It is the lower boundary for a valid agreement, not a recommended price.
What is the usual rent figure?
For this Act, usual rent for agricultural land used in operating a business means the rent per hectare published by the competent district office by 30 June each year for the preceding year and each cadastral area. It is calculated as the average rent from records of agreed and paid rent under Section 14(3).
— Section 1(3) of Act No. 504/2003 Coll., unofficial translation
This is not an estimate. Every tenant must keep records of agreed and paid rent and deliver a summary for each cadastral area to the district office by 31 January of the following year (Section 14(3)). Decree No. 172/2018 Coll. specifies the form and weighted-average calculation. If reported areas cover less than one-third of agricultural land in the cadastral area, usual rent is determined as 2% of arable land value under the annex to Act No. 582/2004 Coll. (Section 5(4) of Decree No. 172/2018 Coll.). A tenant who supplied data may request a review of the published figure’s accuracy by 31 August.
How to use the figure in negotiations
Usual rent is an average, not a ceiling. On renewal, it is an objective negotiating point: rent below the local figure is difficult to justify, especially for good-quality contiguous land. Owners of land within a farming site should also know that, for land built on for agricultural purposes, statutory remuneration is three times the usual rent unless otherwise agreed (Section 10(2)).
Use without a lease: unjust enrichment
Anyone using land without a lease or another legal basis obtains a benefit that must be returned. Courts calculate it using the remuneration usual at the place and time. The published figure for the specific cadastral area is precisely the basis for quantifying the claim. Under the civil-law regime, the claim becomes time-barred two years after discovering the enrichment and the person enriched, and at the latest three years after the enrichment arose; for intentional enrichment, the objective limitation period is ten years (Section 107 of the Civil Code). The legal regime governing the relationship must first be determined, however, because limitation is assessed differently for a commercial-law claim. Do not delay in asserting the claim. We explain recovering the land for your own use in a cooperative farms the land without a lease.
How we can help
We calculate the claim, prepare a demand and recover unpaid rent and compensation for use without an agreement through damages and unjust enrichment. We prepare a fair new lease through agricultural land transfers, or help with land purchases and sales if you prefer to sell.
For a consultation, provide the title sheet and existing correspondence with the user. We will find the usual rent figure for your cadastral area.
This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.