Immovable property (nemovitost)
Under § 498 of the Civil Code, immovable things are land and underground structures with a separate purpose, rights in rem attached to them, and rights the law declares to be immovable. Since 2014 a building has as a rule been part of the land it stands on, and a residential unit is immovable property as well (§ 1159). A flat, house, plot or non-residential space entered in the land registry can be pledged for a mortgage; a cooperative flat cannot.
Example
You are buying a two-room flat (2+kk) for CZK 5,000,000 in a building with an owners' association. What you buy and pledge is the unit: the flat together with a share in the common parts of the building and usually the land, for example 612/10,000. The bank registers its lien on the unit and at 80 % LTV lends up to CZK 4,000,000, provided the valuation confirms the price.
In practice
Before signing, go through the title sheet: who the owner is, which easements and liens are registered, and whether the building stands on land with the same owner. Different owners of building and land, a missing occupancy approval or an entry reading “unit under construction” will slow things down at the bank. Buying a cottage or house with no secured access and finding out only from the valuer is an expensive surprise.
How it differs
A cooperative flat is not the buyer's immovable property: a cooperative member owns only a cooperative share, so the bank cannot take it as collateral and finances it differently. A movable thing, such as a mobile home not fixed to the ground, is not entered in the land registry and cannot secure a mortgage. Nor can a building that the land registry does not yet record.
Frequently asked questions
What is immovable property under Czech law?
Land and underground structures with their own purpose, rights in rem attached to them, and rights the law declares immovable (§ 498 of the Civil Code). A building is normally part of the land it stands on.
What counts as immovable property?
A plot, a house as part of its land, a flat or other unit, including a garage unit, and a right to build (právo stavby). A cooperative flat does not: its member owns only a cooperative share.
Related terms
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