CZECH REPUBLIC Law and Practice Contributed by: Matěj Manderla, Jan Wagner, Ivo Hartmann and Aleš Malach, Tenacta, advokátní kancelář, s.r.o.
Tenacta, advokátní kancelář, s.r.o. Rohanské nábřeží 671/15 Karlín Prague 8 186 00 Czech Republic
Tel: +420 226 886 566 Email: legal@tenacta.cz Web: www.tenacta.cz
1. General 1.1 Main Sources of Law
• the Environmental Impact Assessment Act (Act No 100/2001 Coll), requiring environmental impact assessments (EIAs) for certain developments; • the State Monument Care Act (Act No 20/1987 Coll), protecting cultural heritage sites; and • tax legislation, in particular the Real Estate Tax Act (Act No 338/1992 Coll). Additional Sources In addition to statutory law, other relevant sources of law include: • secondary legislation, such as government regula - tions and decrees issued by ministries; • regulations adopted by local self-governing author - ities (in particular zoning plans and regulatory plans); and • case law, especially decisions of the Supreme Court, the Constitutional Court and the Supreme Administrative Court, which play an important interpretative role in practice. The Czech real estate market has stabilised and returned to moderate growth following the slow - down in 2022–2023. Residential prices have resumed growth, driven by persistent supply shortages and renewed demand. Structural Undersupply, Particularly in Prague A long-term imbalance between supply and demand continues to be a key driver of price growth, mainly due to slow permitting processes and limited new construction. These issues were expected to be 1.2 Main Market Trends and Deals Market Recovery and Renewed Growth
The sources of real estate law may be broadly divided into private law regulations and public law regulations, which interact closely in practice. Private Law Regulations The primary source of real estate law is the Civil Code (Act No 89/2012 Coll), which governs owner - ship rights, rights in rem to real estate, transfers of property, easements, leases and other contractual relationships concerning real estate. Other relevant private law regulations include, in par - ticular, the Business Corporations Act (Act No 90/2012 Coll), which is relevant where real estate is held or transferred through corporate structures. Public Law Regulations Public law focuses primarily on land use, construction and the protection of public interests. Key regulations include: • the Cadastral Act (Act No 256/2013 Coll) and its implementing regulations, governing the land regis - ter and the registration of rights in rem; • the Building Act (Act No 283/2021 Coll) and related regulations governing spatial planning and con - struction permitting; • the Nature and Landscape Protection Act (Act No 114/1992 Coll), setting limits on land use for envi - ronmental protection purposes;
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