What You’ll Learn in This Article

• what qualifies as a commercial (non-residential) space under Czech law

• how commercial lease differs from residential lease

• how to set termination periods, deal with repairs, and agree on modifications

• when building approval is required and how the “intended use” matters

• a real-life case and legal tips

What Is a Non-Residential (Commercial) Space?

A non-residential space is any part of a building not designated for living. This may include:

• offices

• warehouses or workshops

• shops or service premises

• garages used for business

• or even a room in a residential building, if it’s not approved for living by the authorities

⚠️ Important: Just because a space is used for business does not mean it’s legally considered commercial. The official building approval (kolaudace) determines its use.

Specific Features of Commercial Lease

Commercial lease contracts are usually governed by general lease provisions, not the residential lease rules in the Civil Code. This creates key differences:

• More flexible termination terms, if agreed in writing

• Shorter notice periods may be valid

• Greater responsibility on the tenant for how the premises are used and maintained

• Wider scope for alterations or fit-outs, if contractually allowed

That’s why a good contract should clearly cover:

• the intended use of the space

• termination clauses

• who handles maintenance and repairs

• whether changes or renovations are permitted

Real-Life Example

A young entrepreneur rented a space as a warehouse. After six months, he started using it as a pickup point for his e-shop. This wasn’t explicitly prohibited—but it wasn’t compliant with the building’s approved use. The building office stepped in, fined the landlord, and the lease was terminated. A damages lawsuit followed.

Lawyer’s Advice

If you rent out or use commercial space, I recommend:

• checking the approved use in the building permit

• including clear termination provisions

• agreeing on repairs and renovations in writing

• making sure the lease matches the real business use