What to Be Careful of When Buying a Cultural Monument

Purchasing a cultural monument poses several risks that can be very unpleasant for the new owner.

The Act on State Heritage Preservation imposes an obligation on the seller of a cultural monument, if it is a movable cultural monument or a national cultural monument (regardless of whether it is movable or immovable) to first offer this monument for sale to the state through the Ministry of Culture. At first glance, it may seem that this obligation only affects the seller, but the opposite is true, and the consequences of violating this obligation can also affect the buyer.

If the owner of a cultural monument decides to sell it, they must first fulfill the offer obligation to the state, otherwise they risk the state exercising its right and appealing against the validity of the transfer. This obligation does not apply to the owner if the intended transfer is to take place between close persons.

Violation of the aforementioned obligation of the owner of a cultural monument primarily negatively affects the acquirer. The law allows the Ministry of Culture to appeal for the relative invalidity of the contract for the transfer of a cultural monument within a period of three years from the execution of the transfer, and if it does so, the contract becomes invalid from the outset. After the three-year period, the right to appeal against the invalidity of the transfer ceases and the acquirer no longer faces any risks.

Given that cultural monuments are recorded in the relevant lists, it is strongly recommended that everyone verify before the transfer is executed whether the subject of the transfer is on any of these lists and whether the seller has made an offer to the state.

This article was co-authored by Anna Pokorná.