Right of first refusal

A right of first refusal (předkupní právo) obliges the owner to offer the property first to the holder if they want to sell it to someone else (Section 2140 of the Czech Civil Code). It arises by contract or directly by law. If agreed as a property right, it is entered in the land register by registration (vklad) under Section 11 of the Cadastral Act and binds later owners too (Section 2144).

How to read it

A registered right of first refusal appears in part C of the title sheet (LV). A statutory right of first refusal arises directly from the law, for example:

• co-owners whose co-ownership arose, say, through inheritance have a right of first refusal to a share being transferred for six months from the start of co-ownership, except for transfers to another co-owner, a spouse, a sibling or a relative in the direct line (Section 1124),
• a tenant of a flat has a right of first refusal to the unit on its first transfer if the unit was created by dividing the building (Section 1187),
• municipalities, regions or the state could hold a right of first refusal to land for public-benefit construction defined in a zoning plan under the previous Building Act.

What to watch out for

An offer to buy real estate must be in writing and on the same terms the seller agreed with the buyer. Unless agreed otherwise, the holder has three months from the offer to pay (Sections 2147 and 2148). If the seller ignores a registered right, the holder may demand that the new owner transfer the property to them for the corresponding price (Section 2144). If the holder does not buy the property offered, the law says the registered right of first refusal is preserved.

Rights of first refusal defined in zoning plans under earlier rules lapse when the zoning plan is amended to drop them, and at the latest four years after the new Building Act No. 283/2021 Coll. took effect on 1 January 2024 (Section 327). The holder is then responsible for having them deleted from the land register.

Frequently asked questions

Does a right of first refusal apply to a gift?

By law it applies to a sale. It can be extended by agreement to other forms of transfer (Section 2140). If a new owner acquires the property other than by purchase, they take over the duty to offer it to the holder when they decide to sell (Section 2144).

What if the buyer knew about the right?

Then the purchase contract is deemed concluded subject to a condition subsequent: if the holder exercises the right, the contract with the buyer ends (Section 2145).