Legal Q&A · Property Transfer

The seller wants to take the solar panels, the kitchen units and the shed. What belongs to the house we are buying?

Law as at 12 September 2026

Short answer

A component of the house, meaning anything that cannot be separated without impairing it, passes to the buyer automatically. Appurtenances are a separate thing, so list them expressly in the purchase agreement, and the same goes for kitchen units, appliances and furniture. A shed or garage recorded in the Land Register is a separate property and must be identified in the agreement as the Land Register records it, that is by its house number, if it has one, and by the plot on which it stands.

At the viewing the house was furnished, panels were gleaming on the roof and a tool shed stood in the garden. When the keys are handed over, it turns out that the seller never assumed everything would stay. A dispute can be resolved under the law, but the outcome may not be the one you expected. It is therefore better to resolve it in advance, in the agreement. The Civil Code distinguishes a component of a thing, its appurtenances and separate things, and each category behaves differently on a sale.

A component always goes with the house

A component of a thing is everything that belongs to it according to its nature and cannot be separated without thereby impairing the thing.

— Section 120(1) of the Civil Code (unofficial English translation)

The roof, windows, doors and built-in installations are components of the house and pass with it without the agreement listing them. The seller may not dismantle them before handover. With technology such as solar panels, a heat pump or a heat-recovery system, however, the answer depends on how they are connected to the building and on whether their removal would impair the house. This is litigated, so the agreement should contain an express sentence that these installations form part of the sale. Check, too, that they belong to the seller. Equipment on lease or owned by the supplier cannot be transferred by the seller, and the agreement should determine who settles the remaining obligations.

Appurtenances must be listed

Appurtenances of a thing are things belonging to the owner of the principal thing which the owner has designated to be used permanently with the principal thing.

— Section 121(1) of the Civil Code (unofficial English translation)

Unlike a component, appurtenances are a separate thing. The Civil Code does not expressly provide that they pass together with the principal thing on a transfer, and older case law, to which the commentaries also refer, requires the agreement transferring immovable property to state and properly identify them alongside the principal thing. Items where it is uncertain whether they are a component or appurtenances, such as fencing, a pump in a well or a car charging point, should therefore be listed, even where it seems obvious that they belong to the house.

Fittings and movable items

Kitchen units, fitted wardrobes, appliances, light fittings and furniture are the most frequent subject of disputes on handover. With built-in items one can argue that they are a component; with free-standing ones one cannot. The safest course is to attach to the agreement a list of the items that are to remain and to record their condition in a handover protocol. State just as expressly what the seller will take and by when it must be removed.

A shed and a garage are separate properties

Structures are not components of land (Section 120(2)). A detached garage or a shed recorded in the Land Register is therefore a property in its own right, and the agreement must identify it by its house number, where one has been assigned, and by the parcel number of the land on which it stands (Section 42(2)(c) of the Land Register Act). If it is missing from the agreement, the seller remains its owner, even though it stands on land you are buying. If the garage or shed does not appear on the title sheet at all, we describe the procedure in the question on structures missing from the title sheet on a sale. For a flat, the same question is answered differently; we explain this in the question on what you are buying together with a flat.

How to avoid a dispute

Go through the subject of the sale before signing: the plots and structures as recorded on the title sheet, the technology and appurtenances, and a list of the fittings that are to remain. How to identify structures and plots correctly is examined in the article on a purchase agreement for a house and land. Within our purchase agreement for a house service, we describe the subject of the transfer so that there is nothing left to discuss on handover.

This answer provides general information on the law as at 12 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.

More legal questions

All questions and answers
  1. The buyer is taking out a mortgage and the bank wants me, as the seller, to sign the security agreement. Why, and is it safe? A bank may make drawdown of the loan conditional on security over the property being bought, yet the buyer becomes the owner only upon registration in the cadastre. A security right may be created over an asset owned by the security provider, who need not be the debtor, so the bank may ask for the seller’s signature or for an agreement over property the buyer will acquire in the future. The risk for the seller is that their property secures someone else’s loan before they have been paid. Before signing, therefore, agree when and how the security right will end if the purchase does not go ahead.
  2. I signed an agreement for a flat and the bank refused my mortgage. Do I still have to buy it? Refusal of a mortgage does not by itself cancel an agreement you have signed. You may withdraw from an agreement only where the law allows it or where you have agreed it, so what matters is whether the agreement contains a financing condition or a right to withdraw if the loan is refused. If it does not, you remain bound, and the seller may demand performance, an agreed contractual penalty or compensation for loss. The sooner you raise the situation with the seller and with other banks, the more options remain.
  3. We are buying a flat on a mortgage as an unmarried couple. How should we set it up so that both of us are protected? Unmarried partners have no undivided co-ownership, so they acquire the flat into co-ownership in shares in the proportions stated in the purchase agreement. Towards the bank, both of them are usually co-debtors jointly and severally, regardless of the share each has in the flat. Set the shares according to what each of you is putting into the flat, and agree in writing on repayment and on what happens if you separate. A co-debtor who is not registered as an owner is repaying a loan on someone else’s flat and has only monetary claims against the other, not a share in the flat.
  4. We would like to exchange plots of land with our municipality. How is such an exchange carried out and what should we watch for? A municipality may deal with its property only by the procedure laid down in the Act on Municipal Property. Neither a tender nor a direct sale fits an exchange in practice, so it is usually approved as a transfer on a reason worthy of special regard: the municipality publishes both the intention and the value of the land at least 15 days in advance, the council approves it by a three-fifths majority of all councillors, and the value is supported by an expert valuation save for small amounts. An exchange contract with a municipality must be published and takes effect only on the day after publication. Signatures on it need not be certified.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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