Do I have to offer the share to the other co-owners first?

No. The general pre-emption right of co-owners was abolished in 2020. The exception is a share that arose through inheritance, where the pre-emption right lasts six months from the date the co-ownership arose (Section 1124 of the Civil Code, Act No. 89/2012 Coll.).

Must the other co-owners be told about the sale?

The law does not generally require this of the seller. You must inform them only if a statutory or contractual pre-emption right or another agreement applies to you. The other co-owners will learn of the change of owner from the Land Registry or from the new co-owner.

When does the buyer become the owner of the share?

Only on registration in the katastr nemovitostí (Czech Land Registry) (Section 1105 of the Civil Code). The land registry office may not decide before 20 days have passed from notifying the owner; registration takes roughly 22 days on average (Land Registry Act No. 256/2013 Coll.).

Can a share under enforcement be sold?

It depends on the scope of the restriction and what is recorded in the Land Registry. Enforcement (exekuce) can make a sale harder or require the cooperation of the enforcement officer and the creditor. The procedure is governed by the Enforcement Code (Act No. 120/2001 Coll.), so each situation should be assessed individually.

How can I pay the purchase price for a share safely?

Cashless, through a lawyer's escrow account. Cash payments are limited to CZK 270,000 per day under Act No. 254/2004 Coll., so larger amounts may not be paid in cash.

Can a co-owner sell their share without the other owners' consent?

Published 14 October 2026

Yes. A co-owner can sell their share alone, and the other co-owners do not need to consent (Section 1123 of the Civil Code, Act No. 89/2012 Coll.). The general pre-emption right of co-owners was abolished in 2020, so you can offer the share to anyone. The exceptions are narrow: an inherited share during the first six months, and restrictions the co-owners have expressly agreed on.

Summary

A share is freely transferable: you can sell it without the consent of the other co-owners (Section 1123 Civil Code).
The general pre-emption right (right of first refusal) of co-owners was abolished in 2020. It remains only for a share that arose through inheritance, and only for six months (Section 1124 Civil Code).
Ownership passes only on registration in the katastr nemovitostí (Czech Land Registry); registration takes roughly 22 days on average.
Contractual restrictions may be an exception, for example a ban on disposal or an agreed pre-emption right recorded in the Land Registry.
The safe route: a written purchase contract and cashless payment through a lawyer's escrow account.

What the law says: a share can be transferred on its own

Under Section 1123 of the Civil Code (Act No. 89/2012 Coll.), a co-owner may deal with their share as their own property, meaning they can both dispose of it and encumber it. What is sold is not a particular room or a specific part of the land, but an undivided share (ideální podíl) in the whole property. The other co-owners therefore do not have to agree to the sale, and they do not have to sign the purchase contract.

Their consent is not needed for the buyer to enter the co-ownership either. The new co-owner acquires the same rights and obligations as the seller had, in proportion to the share.

Co-owners' pre-emption right: what applies today

Previously, co-owners had a statutory pre-emption right (předkupní právo, a right of first refusal) when a share was sold, and the seller first had to offer the share to them. The general pre-emption right was abolished in 2020. Today you therefore do not have to offer the share to the other co-owners and can sell it to a third party.

Section 1124 of the Civil Code provides an exception: if the share arose through inheritance, the other co-owners have a pre-emption right for six months from the date the co-ownership arose. You can find more in our article on the pre-emption right of co-owners.

If you are selling an inherited share, check before signing when the co-ownership arose and whether the period has already expired. See also our page on a share acquired through inheritance.

When a sale may be restricted

The statutory rule is permissive, but specific circumstances can restrict a sale. Before negotiating with a buyer, it is wise to check the following in particular:

Inherited share: the six-month pre-emption right under Section 1124 of the Civil Code.
Contractual pre-emption right: if the co-owners have expressly agreed on a pre-emption right, you must comply with that agreement. If it is recorded in the katastr nemovitostí (Czech Land Registry), it also binds the buyer.
Ban on disposal: the Civil Code allows a ban on disposing of a thing to be agreed (Section 1761). For real estate, it is recorded in the Land Registry.
Enforcement, insolvency or a lien: the share may be encumbered, or you may not be free to dispose of it. You can check the position in the list vlastnictví (the ownership record, similar to a title register extract) and in the public registers.

An extract from the Land Registry is therefore the first thing you should look at. If the share is subject to enforcement (exekuce), read our page on buying out a share under enforcement.

Practical steps for selling a share

Establish the status of the share. Check the list vlastnictví, liens, easements (věcná břemena) and any restrictions.
Set the price. Shares trade at a discount because they are harder to use. The price depends mainly on how usable the share is, not just on its proportion of the value of the whole. For guidance, see our page on valuing a share.
Purchase contract. Transferring real estate requires a written contract that clearly identifies what is being transferred. We recommend having a lawyer prepare it.
Payment of the price. A reputable sale is paid cashless through a lawyer's escrow account. Under Act No. 254/2004 Coll., cash payments are limited to CZK 270,000 per day.
Application for registration. Ownership of real estate is acquired by entry in the Land Registry (Section 1105 of the Civil Code).

We describe the whole process in the article How a share buyout works.

Registration in the Land Registry: when ownership passes

Ownership does not pass when the contract is signed. Under the Land Registry Act (Act No. 256/2013 Coll.), the land registry office may not decide on registration (vklad) before 20 days have passed from notifying the owner. Registration takes roughly 22 days on average, though this may vary by case and by how busy the office is.

That is why the money is usually placed in a lawyer's escrow account and released only after registration, or on the conditions agreed in the contract. The seller then has certainty that the price is secured, and the buyer that they will receive ownership.

Real estate acquisition tax was abolished by Act No. 386/2020 Coll., so the buyer does not pay it. The seller may be liable to income tax under Act No. 586/1992 Coll. In general, this depends on factors such as the time test (how long you have owned the property) and whether you lived there. Check your own situation with the Financial Administration or a tax adviser.

What this means for the other co-owners

Once registration is entered, the buyer joins the co-ownership. The other co-owners will then deal with the buyer on use, management and any eventual settlement. Decisions about the common property are governed by the Civil Code rules on managing jointly owned property. Their position does not change fundamentally; only the identity of one co-owner does.

When we buy out a share, we do not contact the other co-owners unless it is necessary. The law does not require the seller to inform them of the planned sale, unless the exception described above applies. For disputes, see our page A co-owner does not agree with the sale.

An alternative to selling to a third party is an agreement with the other co-owners or a settlement of the co-ownership, described on our page on settlement of co-ownership.