No. This security right arises directly by law in favour of the other owners of flats and non-residential premises in the building, securing claims related to the building and the flat. It is registered in the cadastre, and the law expressly prohibits removal while the secured asset exists. It is therefore neither a defect in the flat nor evidence of the seller’s debt, but a normal feature of almost every flat’s title sheet.
A buyer obtains the title sheet, sees a security right in favour of the other flat owners among the encumbrances, and becomes alarmed. The seller says they owe nothing. Both are right, because this security did not arise from a debt.
It arises by law over every flat
To secure claims that have arisen or will arise in the future from legal acts concerning the building, its common parts, common facilities and appurtenances, and claims that have arisen or will arise in the future from legal acts concerning a flat or non-residential premises in the building carried out by their owner, a security right arises by law over the flat or non-residential premises in favour of the other owners of flats and non-residential premises.
— Section 15(1) of Act No. 182/1993 Coll., unofficial translation
It therefore also secures claims that do not yet exist. It is not tied to a particular debt, and its presence on the title sheet says nothing about whether the seller owes money.
Why it cannot be removed
The same provision continues with the answer: the security right is recorded in the cadastre and cannot be removed while the secured asset exists. The right under subsection (1) continues throughout the existence of that asset (Section 15(3)).
As long as the flat exists, the encumbrance remains. Requesting removal before a sale is pointless, and no agreement with the seller or building manager can change this. Its termination differs from ordinary contractual security, whose termination grounds are listed in Section 151md of the Civil Code.
The law also permits security over a flat in favour of a third party (Section 15(2)), typically a bank. This is a separate encumbrance with its own rules, and the two must be distinguished on the title sheet.
What should a buyer check instead?
If the statutory security right is not itself a warning, the buyer’s concern is whether there are arrears associated with the flat that could be enforced through it. That is why a flat transfer agreement must include a certificate from the manager or association chair confirming that the owner has no service charge arrears or unpaid contributions to the operation, maintenance and repair fund. The first transfer is exempt (Section 5(2)). We discuss this in the manager refuses to issue a no-arrears certificate.
Also check whether the building’s owners have decided to apply for enforcement proceedings or a voluntary auction of the flat. Such a decision requires a majority of the votes of all owners (Section 14b(1)(o)). Check too for any approved refurbishment loan that you will help repay after purchase.
When the flat goes to auction
The ranking of this security right is often disputed at auctions and determines which encumbrances are removed afterwards and which survive. We discuss the related issues in selling property subject to enforcement, which explains the distinction between first-ranking and lower-ranking secured creditors in detail.
For an auction buyer, this is crucial: the price depends on what remains attached to the flat.
How we can help
When you buy a flat, we read the title sheet and distinguish the statutory encumbrance that will always remain from actual risks through our property legal due diligence. We prepare the flat purchase agreement, request the manager’s certificate and arrange escrow where arrears exist. If the other party has supplied an agreement, we examine it through our purchase agreement review.
This answer provides general information on the law as at 16 August 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.
