Vlastnictví infrastruktury v rezidenčních areálech

Accessory Co-ownership in Residential Areas

The concept of accessory co-ownership is regulated under Czech legislation in Act No. 89/2012 Coll., the Civil Code. This is a specific type of co-ownership that is inextricably linked to the ownership of another, main property. When homeowners jointly own a parking lot or a wastewater treatment plant that they need to use their properties, this infrastructure enters the regime of accessory co-ownership.

For accessory co-ownership to apply, it must be clear that the property serves the common purpose of the owners of separate properties and that without this common property, the use of the separate properties is not reasonably possible. A typical example is an access road in a gated community of family houses. Without the road, the owners cannot reach their homes, so the road serves everyone and is in their accessory co-ownership.

A fundamental specific feature is the entry in the Land Register. For development projects, it is advisable to have the relations between the owners set up contractually and corporately from the very beginning, which typically involves corporate law, holdings and structures. Accessory co-ownership is recorded on the title deed, whereby the share in the common property (infrastructure) is firmly linked to the ownership of the main property (house/apartment). This entry ensures legal certainty for all parties involved.

Legal Security and Risks of Managing Accessory Co-ownership

Access roads, parking areas, and utility networks require regular maintenance. In the case of accessory co-ownership, the law assumes the existence of a manager. The manager is the co-owner elected by the majority.

In the practice of large residential complexes, the most effective solution is a professional manager based on a contract, or the creation of a corporate structure. Often, a special-purpose company or association is established to technically manage the property, while the ownership remains in the regime of accessory co-ownership.

The Czech legal team at ARROWS strongly recommends a detailed management agreement that clearly defines the manager's powers, the creation of a repair fund, and the mechanism for recovering arrears. Without this agreement, there is a risk of stalemates and neglect of maintenance. Disputes over who should pay for pothole repairs often end up in court. If a dispute over maintenance payments or arrears escalates, the procedure and resolution strategy are typically covered by the agenda of commercial and court litigation.

Transfer of Infrastructure to the Municipality

Many developers and future owners prefer that public spaces and networks be taken over by the municipality. This model is governed by the Act on Municipalities and the new Building Act (No. 283/2021 Coll.). In connection with the transfer of infrastructure to the municipality, working with the zoning plan is also key, for which the article How to properly submit comments on a draft zoning plan can be useful. This is a way to transfer the responsibility for management to the public sector.

The municipality has no legal obligation to take over infrastructure built by a private investor into its ownership unless it has contractually committed to do so. A fundamental misconception in practice is that the municipality "must take care of it". Without a prior agreement, the municipality can refuse the takeover.

The transfer process has three phases. The first is a planning agreement concluded before the building permit is issued, where the municipality undertakes to take over the infrastructure upon fulfillment of conditions. This is followed by construction and surveying according to ČSN standards and municipal requirements. The final phase is the occupancy permit and handover after registration in the Digital Technical Map (DTM).

If the municipality refuses the takeover, for example due to poor quality of execution, the problem remains in the hands of the developer or transfers to the association of owners. This is often a source of huge conflicts and unexpected financial costs for the new owners of apartments or houses.

Digital Technical Map and Obligations

Since July 1, 2024, the obligation to enter data into the regional Digital Technical Maps (DTM) has been in full operation. This obligation is based on the Surveying Act and the Building Act. It is a key step for the digitalization of construction proceedings.

In 2026, the situation is uncompromising: without a geodetic survey and entering data into the DTM, an occupancy permit cannot be issued. The building authority will simply not allow the use of the building if the data in the system is missing or incorrect.

The developer must ensure a geodetic survey of the actual execution of the technical and transport infrastructure. Subsequently, they must hand over the data to the DTM editor (regional authority) in the specified exchange format and obtain confirmation of the data entry.

The ARROWS law firm recommends addressing the contractual security of geodetic works with an emphasis on fulfilling obligations towards the DTM. This is a frequent stumbling block, so the responsibility for the accuracy of the data should be contractually transferred to the contractor or surveyor.

Table of Main Risks and Solutions

Practical Solutions and Procedure

The choice between co-ownership and transfer to the municipality is a strategic step that will affect the functioning of the area for decades. The developer must negotiate with the municipality already in the project preparation phase, even before the zoning decision. If the municipality is not interested in the infrastructure, it is necessary to prepare an accessory co-ownership model.

If the municipality agrees to the takeover, it is essential to conclude a planning agreement under the Building Act, which will clearly define the parameters of the future transfer. Without this agreement, the developer has no guarantee that the municipality will keep its promise.

During construction, it is necessary to continuously ensure documentation of the actual execution of the building for DTM purposes. Responsibility for the accuracy of the data should be contractually transferred to the contractor.

Before submitting an application for an occupancy permit, the data must be in the DTM, followed by the signing of transfer agreements or the registration of accessory co-ownership. Only then is the process legally and technically completed.

Most Common Mistakes and How to Avoid Them

1. Absence of a written agreement with the municipality
Relying on an oral promise from the municipal leadership is very risky. Political representation changes, but commitments from a planning agreement approved by the municipal council persist. Without a written contract, no one can force the municipality to take over.

2. Underestimating maintenance costs
If the infrastructure remains with the owners, they must know that in 15 years they will need millions for a general repair of surfaces. If a repair fund does not exist and has not been collected from the beginning, the area will deteriorate.

3. Ignoring functional connection
Sometimes a developer forgets to transfer the share in the road to the owner of the last house. This creates a legal defect where the house owner does not have secured access, and rectification is administratively demanding.

Functionally Related Land Plots

The term "functionally related land plot" is used in law in connection with the definition of common parts of a building and the land necessary for its use. According to the case law of the Supreme Court, the land under the building is always a common part.

Other land plots, such as gardens or paths, can be either common parts or separate properties in accessory co-ownership, which fundamentally changes the management regime. The difference lies in whether the land plot is directly part of the "unit" in a broader sense, or a separate property linked to the ownership of the unit.

Parking Spaces and Legislation

The issue of parking is regulated by the new Building Act and implementing decrees, which set requirements for the number of parking spaces. Specific coefficients may vary depending on the type of development and zoning plans or municipal building regulations, such as the Prague Building Regulations.

In 2026, it is crucial to verify the current standard requirements for the given location, as parking spaces can be defined in various legal ways.

They can function as:

• A common part of the building (use regulated by agreement).

• A separate non-residential unit (garage).

• Accessory co-ownership on the parking lot land plot.

• Part of a public space (upon transfer to the municipality).

Final Summary

Infrastructure ownership is a complex discipline. Accessory co-ownership gives owners control but carries costs. Transfer to the municipality is convenient but requires perfect preparation and the willingness of the municipality. The common denominator of success is timely legal analysis and flawless work with the Digital Technical Map.

The Prague-based legal team at ARROWS has extensive experience with development projects and setting up relations between investors, municipalities, and owners. Address these issues before you start construction.