Services / Real Estate Law
Our services in the field of real estate law are intended, on the one hand, for developers to whom we provide comprehensive legal counselling, ranging from representation in the relevant administrative proceedings to transfers of individual plots of land, buildings or units, and on the other hand, for housing co-operatives and associations of unit owners within their decision-making and administration and operation of their buildings, and also for private individuals in respect of their ad hoc legal acts concerning real estate.
The field of real estate law was strongly influenced by the new legislation enacted with effect from 1 January 2014. A fundamental change lies particularly in the reintroduction of the “superficies solo cedit” principle to Czech law – it thus generally holds that a structure is part of the land, rather than a separate immovable asset. Given the stronger protection of good faith on the part of the real estate owner, who can validly acquire the title to real estate even from a non-owner, legal advice is now priceless in this area.
We offer our clients assistance especially in the following areas:
- drafting contractual documents for the transfer of the ownership title or establishment of lien or other right in rem to real estate, including the relevant applications for registration in the Land Registry
- administration and maintenance of an escrow account within the process of selling real estate
- drafting or modification of lease contracts for an apartment, building (common part of a building) or area serving for operation of business
- preparation of a declaration on division of a right to a building, including by-laws of an association of owners if such an association is to be established for the given building
- review of conformity of foundation documents of housing co-operatives with the applicable regulations and drafting or modifying the by-laws if required
- consultancy concerning administration of buildings and land, bills for services and their breakdown, decision-making of bodies of housing co-operatives/associations of owners, etc.