| LEGAL LABYRINTHS
>
Buying real estate: a foreigner in the
CR vs. a Czech abroad
Written by: René Jakl
Photo by: Věroslav Sixt
Can a Czech buy a villa in the Alps
without legal obstacles? Yes. What about the opposite - can a foreigner
without a Czech passport buy an apartment in Prague or a cottage
in Krkonoše? Yes and no. How is this possible?
 |
 |
Officially, a foreigner cannot own real estate in the Czech Republic.
"This is based on the existing foreign-exchange law,"
says Tomáš Bettelheim, a member of Lovells, an attorneys' association.
Although Czechs can buy real estate - in the European Union, for
example - the opposite is impossible. This is one of the exceptions
that Czech negotiators pushed through under the agreements covering
accession to the EU. According to Bettelheim, this limitation should
expire no later than three years following EU accession. On this
point the Czech government gave in to political pressure exerted
by some frightened Czech voters, especially those living in border
areas. They asked that the government prevent a clearance sale of
the land.
Nevertheless, foreigners do buy real estate in the Czech Republic
anyway, and it doesn't matter to anyone. Only a Czech entity, albeit
an individual or a legal entity, can own real estate in the Czech
Republic. And this is the way: "a foreigner must establish
a company in the Czech Republic, such as a limited liability company,
which buys the real estate and then rents it to him. When founding
the company, the foreigner must respect all domestic regulations
and procedures, of course," Bettelheim explains. According
to him, in practice this means that the foreigner spends two to
three months establishing the company and spends CZK 20 to 30 thousand
on attorney fees. If he wants to accelerate the establishment of
the company and thus the real estate purchase, some law offices
offer already established companies. But in such cases, fees can
exceed CZK 100,000, which makes the purchase of a small apartment
significantly more expensive.
Fortunately for Czech citizens purchasing real estate in the EU,
such restrictions ceased to be valid several years ago.
This article was prepared in cooperation with Lovells, an attorneys'
association.
We welcome feedback for matters of legal
advice which are particularly interesting for you. Please submit
suggestions to The Prague Tribune (Legal Labyrinths Column), Na
Maninách 7, 170 00 Praha 7, or to editor@prague-tribune.cz.
|