Pre-emption right (předkupní právo)
The holder's right to have the owner offer them the property before selling it to anyone else. A contractual pre-emption right is governed by § 2140 et seq. of the Civil Code and, for real estate, can be registered in the land registry as a right in rem. Co-owners have a statutory pre-emption right (§ 1124) only where co-ownership arose without their involvement, typically by inheritance, and only for 6 months.
Example
A buyer wants to buy half of a flat for CZK 2,500,000 and finance it with a mortgage at 5.00 %. The two co-owners inherited the flat four months ago, so the other co-owner still holds the statutory pre-emption right: the seller must first offer him the share on the same terms, and for real estate the holder has three months from the offer to pay (§ 2148). Only if he does not take up the offer can the share be sold to the buyer.
In practice
The statutory pre-emption right of co-owners does not apply to a transfer to another co-owner, a spouse, a sibling or a relative in the direct line (§ 1124).
The bank and the attorney check part C of the title sheet (list vlastnictví). For a share they always want proof that the pre-emption right was offered and not exercised, or a written waiver from the holder, and only some banks lend against a share at all. Skipping the offer to the co-owner is risky: he can then demand that the share be transferred to him.
How it differs
Compared with an easement (věcné břemeno), which restricts the use of the property permanently, a pre-emption right only limits whom the owner may sell to. An option right (právo koupě) lets the holder buy at any time, whereas a pre-emption right comes into play only once the owner decides to sell.
Related terms
In-depth guide
Calculate your own situation
Instead of abstract definitions — enter your own parameters and see the result for yourself. No registration, no form, no salespeople.