You may be wondering…

• Is donating an apartment the same as selling it?

• What documents must I prepare for the land register?

• Do I have to pay tax when donating an apartment?

• What if the land register rejects the donation contract?

Clients often ask me…

• How exactly must the apartment be described in the donation contract?

• Is a notary’s involvement required?

• Can a right of use (easement) be included in the donation contract?

• What to do if there is an error in the application for registration?

Donation of an apartment in a nutshell

Through a donation contract, ownership of the apartment is transferred free of charge. Because it concerns a property listed in the Land Register, the contract must be in writing and contain an exact description of the transferred unit (apartment number, share of common parts of the building, plot number). The transfer only takes effect upon registration in the Land Register.

Main risks and common mistakes

1. Inaccurate description of the apartment – missing plot numbers or shares of common parts.

2. Missing signatures – the contract must be signed by both parties, including spouses if required.

3. Incorrect application for registration – a wrongly filled-in form stops the proceedings.

4. Omission of an easement – the donor wanted to stay in the apartment but did not state this in the contract.

5. Land Register rejection – due to a formal error, the transfer can be delayed for months.

Step-by-step process

1. Draft a donation contract in writing, including precise identification of the apartment.

2. Prepare the application for registration in the Land Register (ČÚZK form).

3. Pay the administrative fee (currently CZK 2,000).

4. Submit the contract and application to the Land Register.

5. Wait for the decision – the time limit is 30 days (longer if complications arise).

6. After registration, obtain an extract from the Land Register showing the new owner.

Examples from practice

• A daughter received an apartment as a gift from her parents. The application for registration omitted the number of the ownership sheet – the Land Register rejected the transfer.

• Grandparents donated an apartment to their grandson. They forgot to include an easement of use in the contract – after the donation, they had to go to court because they could not move out.

• A husband donated an apartment to his wife. The contract did not include the consent of the bank as the mortgage creditor – the transfer did not take place.

Why be careful with DIY contracts

You can find hundreds of “free templates” of donation contracts for apartments online. Most of them, however, do not address the details required for registration – such as the exact identification of the unit according to the cadastral law. The result is that the authority rejects the application, and you lose both time and money.

Lawyer’s recommendation

• Always identify the apartment based on the current Land Register extract.

• If you want to stay in the apartment, ensure an easement of use is included.

• Check related contracts (e.g., mortgage rights of the bank).

• Never file an application for registration without a professional review.

Checklist for donating an apartment:
☑ Donation contract in written form
☑ Exact identification of the apartment and shares
☑ Application for registration filled in correctly
☑ Administrative fee paid
☑ Easement arranged if needed

FAQ

Must a donation contract for an apartment be in writing?
Yes, for real estate, written form is mandatory.

Is there a tax on donating an apartment?
No, not if the donation is between persons in the direct line (parents–children, grandparents–grandchildren). In other cases, it may affect income tax.

How long does it take to register the donation in the Land Register?
Usually 30 days, longer if complications arise.