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According to the new Building Act, is the seller obliged to hand over the documentation to the buyer when selling the property?

Mgr. František Bárta
Mgr. František Bárta
Attorney|Czech Bar Association Reg. No. 18959
ARROWS law firm
Published:Updated:

What does the Civil Code say? According to the legal regulation of the purchase contract, the seller is obliged to hand over to the buyer, in addition to the thing itself, the documents relating to it (§ 2087 CC). Which documents are involved may be determined in a particular case by the agreement of the parties, by commercial practice or by legal requirements.

Person handling property sale documents, related to obligations under the new Building Act.

Key takeaways

The building owner must always retain the documentation. The new Building Act, just like the previous one, imposes an obligation to keep verified documentation corresponding to the as-built state of the building, or alternatively a building passport, for the entire duration of the building's existence.
Documentation must be handed over upon the sale of the property. The obligation to retain documentation implies that the seller is obliged to hand over the project documentation to the buyer along with the subject of the purchase.
The contracting parties may agree on a different obligation. The provision of the Civil Code concerning the handover of documentation is dispositive, meaning that the contracting parties may arrange this obligation in the contract as they see fit.
The absence of documentation constitutes a legal defect. Unless the parties agree otherwise, the buyer may, in the case of missing project documentation or a building passport, exercise rights arising from defective performance, such as claiming a discount on the purchase price corresponding to the costs of acquiring a building passport.
ARROWS law firm
consultation@arws.cz245 007 740

The new Building Act stipulates (as did the old Building Act) that the owner of a building is obliged to keep certified documentation corresponding to its actual execution or a passport of the building throughout its duration.

From the combination of the above, it can be concluded that the seller is obliged to hand over the project documentation together with the object of purchase to the buyer.

The above provision of the Civil Code is dispositive and the contracting parties may negotiate the obligation in the contract as they wish.


If they do not agree in this way, the absence of project documentation or a passport is a legal defect and the buyer can claim rights from defective performance (for example, discounts on the purchase price corresponding to the price of the building passport).

If you are dealing with similar construction law woes, please contact us. We will be happy to help you.

About the author

Mgr. František Bárta
Mgr. František Bárta

Associate, partner

LinkedIn|Czech Bar Association Reg. No. 18959
František Bárta is a senior attorney at ARROWS. František is a graduate of the Faculty of Law of Masaryk University in Brno and since the beginning of his legal career he has been dealing mainly with contract law with a focus on real estate law, which he currently focuses on exclusively.
barta@arws.cz245 007 741

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Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 350,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.