Owner's declaration (prohlášení vlastníka)

By an owner's declaration, the owner of a building and land, or a person holding another property right, divides their right into ownership of units. The units come into being when entered in the land register (Section 1164 of the Czech Civil Code), by registration (vklad) under Section 11(2) of the Cadastral Act. The declaration tells you what belongs to a particular flat and what is common in the building.

What it contains

Under Section 1166 of the Civil Code, the declaration contains at least:

• details of the land, building, municipality and cadastral area,
• the name and designation of each flat, at least by number and location, and its intended use,
• a definition and description of the common parts, including any reserved for the exclusive use of a particular owner,
• the size of the shares in the common parts,
• which property and other rights and which defects pass to the unit owners,
• as an annex, floor plans of all storeys showing the flats and common parts, with the floor areas of the flats.

Where to find it

The declaration is kept in the land register's collection of deeds as the deed on which the units were registered. After each change, the person responsible for managing the building files the full consolidated text in the collection of deeds (Section 34 of the Cadastral Act); the administrative fee is CZK 1,000. A note of the filing is entered in part D of the title sheet (LV) for the co-owned building (Section 23a of Decree No. 357/2013 Coll.). A copy can be obtained for a fee at a cadastral office or via ČÚZK remote access.

What to watch out for

Unit owners can amend the declaration. This requires the written consent of the owner whose rights are affected, for a burdened unit also the consent of the beneficiary, such as a mortgage lender, and the consent of a majority of the votes of all unit owners (Section 1169). A share in the common parts that the declaration defines vaguely or incorrectly is disregarded (Section 1168).

Frequently asked questions

Do tenants have any rights when a building is divided?

Yes. If a unit was created by dividing the building, the tenant of the flat has a right of first refusal on its first transfer. It lapses if the tenant does not accept the offer within six months. It does not apply if the tenant is a legal entity (Section 1187).

Is an owners' association created with the declaration?

It can be. An owners' association (SVJ) can be founded in the declaration itself. It is mandatory in a building with at least five units, at least four of which have different owners (Section 1198).