Amendments to the Civil Code - what changes affect real estate law?
The first area affected by the change is the regulation of contracts concluded by distance and outside the business premises of the entrepreneur. In real estate practice, this regulation will apply in particular to brokerage and reservation contracts if they meet at least one of the definitions below. However, it excludes contracts whose subject matter is the creation, transfer or termination of a right in immovable property and the lease of a flat or house - for example, a contract of sale or a lease of a flat.
- A distance contract is a contract concluded without the simultaneous physical presence of the parties and through a means of distance communication - for example, via the internet.
- An off-premises contract is typically a contract entered into with the parties physically present but at a place other than the business premises of the entrepreneur - for example, at the client's home.
In the context of distance and off-premises contracts, the information obligations of entrepreneurs and the withdrawal clause have been amended. The changes in the case of withdrawal from a contract were only of a legislative and technical nature and are of no major significance for real estate transactions.
The withdrawal period is 14 days from the date of conclusion of the contract. If the consumer is not informed of this right, the period is extended by up to one year. If the conclusion of the contract is the result of an unsolicited visit by the estate agent to the consumer's home, the withdrawal period shall be thirty days.
The consumer may communicate the withdrawal information to the trader by any unambiguous statement in his own words - for example, a letter or a telephone call. However, the burden of proof of withdrawal lies with the consumer.
The amendment to the Civil Code has also changed the legislation on the so-called statutory guarantee in the case of sales of real estate to consumers. In practice, these are cases where the purchase contract is concluded directly by the real estate agency or developer on the seller's side. The amendment also introduced legislative changes in the area of the ordinary guarantee in the purchase contract. If you are interested in getting acquainted with these changes, please pay attention to the articles. and "Real Estate Warranty".
If you are unsure about anything or need help with your legal problem, please do not hesitate to contact us.
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The information contained in this article is for general informational purposes only and is intended to provide basic orientation on the subject matter in accordance with the legal framework as of 2026. While we strive for maximum accuracy, legislation and its interpretation evolve over time. We are ARROWS Law Firm, an entity registered with the Czech Bar Association (our supervisory authority), and for the maximum protection of our clients we carry professional indemnity insurance with a limit of CZK 400,000,000. To verify the current wording of applicable regulations and their impact on your specific situation, please contact the author of this article or another qualified professional.