Auction Notice on a Czech Property: What It Says and What You Can Do as the Debtor
Published 15 October 2026
An auction notice (dražební vyhláška) is an official document in which a distraint officer (exekutor, a private enforcement agent) announces that a property will be sold at auction and sets out the terms: a description of the property, its price, the minimum bid, the deposit, the date and place, and any rights and encumbrances attached to it. For the debtor, this is the moment to read the document carefully, check the details and consider which solutions are still available before the auction takes place.
Summary
- The auction notice summarises what is being sold, on what terms, and when and where. It is based on the Enforcement Code (Act No. 120/2001 Coll.) and the Civil Procedure Code (Act No. 99/1963 Coll.).
- In a property auction the minimum bid is two thirds of the final price (Section 336e of the Civil Procedure Code, applied by analogy in enforcement proceedings).
- Check the property description, the listed rights and encumbrances, and the date. Raise any discrepancies with the enforcement officer and the court in writing and in good time.
- For the debtor, an auction is usually the most expensive option. Proceeds go first to the costs of the proceedings and then to creditors.
- Do not sign anything in a panic. Offers of a quick rescue can make your situation worse.
What an auction notice is and when it arrives
An auction notice (dražební vyhláška) is a document issued by the distraint officer (exekutor) in enforcement proceedings by sale of real estate. Its purpose is to inform the debtor, creditors, other affected persons and prospective buyers about the auction. The legal basis is the Enforcement Code (exekuční řád), Act No. 120/2001 Coll., which refers to the Civil Procedure Code (občanský soudní řád), Act No. 99/1963 Coll., for the sale of real estate (the provisions on enforcement of decisions by sale of real estate, Section 336a and following).
Weeks or months usually pass between the enforcement order and the auction. The notice is therefore rarely the first step; it is the result of earlier stages of the proceedings. The overall process is described on the page Exekuce na nemovitost: jak probíhá a co dělat v každé fázi.
This article deals with the document itself. The valuation of the property and the award of the successful bid (příklep) are separate topics. Here we focus on what you can read from the notice and how to deal with it.
What you will find in the auction notice
The exact scope and wording are set by law and by the particular notice, so always rely on the document you actually received. Usually, though, you will find the following parts:
- description of the property – the plot of land, building or unit, including accessories and data from the Czech Land Registry (katastr nemovitostí),
- final price (výsledná cena) – the amount from which the auction starts,
- minimum bid (nejnižší podání) – the lowest amount that can be offered at the auction,
- amount of the deposit (jistota) and how it is to be paid,
- time and place of the auction hearing,
- rights and encumbrances (práva a závady) attached to the property, such as liens (zástavní práva) or easements (věcná břemena),
- instructions on what the affected persons may do.
If any item is missing or unclear, that is a reason to ask the enforcement officer for clarification.
Price and minimum bid: what they mean for the debtor
The final price is based on the valuation of the property. The minimum bid in a property auction is two thirds of the final price (Section 336e of the Civil Procedure Code, which applies by analogy in enforcement). This means the property may be sold for less than its final price.
This matters to the debtor for several reasons:
- a lower sale price may cover the costs of the proceedings and the claims only in part, so some of the debt may remain after the auction,
- proceeds go first to the costs of the proceedings and to creditors; the debtor receives only what, if anything, is left over,
- for the debtor, an auction is usually the most expensive option.
If you believe the price is clearly wrong, for example because the condition or extent of the property has been described incorrectly, lodge an objection in writing with the competent authority and within the deadline stated in the instructions and the law. Questions about the valuation itself are a separate topic.
Deposit, date and encumbrances
Deposit. Prospective buyers must pay a deposit of the stated amount, in the prescribed manner, before the auction. This obligation does not apply to the debtor, but the amount and method of payment give some indication of how wide a circle of bidders is expected. Always verify the details directly in the notice.
Date and place. Write down the date, time and place of the auction hearing, as well as the date on which the notice was delivered to you. Deadlines for objections or applications may run from delivery. Their length cannot be assumed in general terms, so follow the instructions in the notice and the wording of the law.
Rights and encumbrances. Check whether the list matches reality. Compare it with an extract from the Czech Land Registry, which is publicly available. A missing or outdated entry, for example a lien that has already expired, is worth bringing to the enforcement officer's attention, because it affects the terms of the auction and the interest of buyers.
The debtor's steps in order
- Note the date of delivery and keep the envelope and the whole document.
- Read the entire notice, including the instructions, and mark the deadlines.
- Compare the details with the Czech Land Registry and your own documents (description, accessories, encumbrances).
- Raise any defects and objections in writing and within the deadlines arising from the instructions and the law. Consider consulting a lawyer (advokát) or an advice centre.
- Find out the amount of the debt, including enforcement costs, and check whether it can be paid off or settled by agreement; see Vyplacení exekuce.
- Consider selling the property before the auction with the enforcement officer's consent; the procedure is summarised on the page Prodej nemovitosti v exekuci.
- Review the options for stopping the auction and separate the genuine from the myths: Jak zastavit dražbu nemovitosti.
Time is limited, but you do not have to make decisions under pressure. Offers of a quick rescue, such as loans secured by the property or sale-and-leaseback schemes, can make your situation worse; do not sign anything in a panic. You can read more about the risks on the page about sale-and-leaseback of property.
Selling before the auction and ownership after the sale
If you decide to sell the property earlier, it helps to know a few general facts. Ownership passes only upon registration in the Czech Land Registry (vklad do katastru nemovitostí). The Land Registry Office may not decide earlier than twenty days after notifying the owner (Land Registry Act No. 256/2013 Coll.); the average registration time is roughly 22 days. You need to factor this in when planning around the auction date.
Cash payments are limited to CZK 270,000 per day (Act No. 254/2004 Coll.), so a reputable purchase is made by bank transfer via a lawyer's escrow account (advokátní úschova). The real estate acquisition tax (daň z nabytí nemovitých věcí) was abolished (Act No. 386/2020 Coll.). For income tax on the sale, a time test and housing-related conditions generally apply under Act No. 586/1992 Coll.; check your specific situation with the Financial Administration or a tax adviser.
To compare the outcome of an auction with that of a sale, use the calculator. The content of this website is for information only and is not legal advice; a free, non-binding assessment of your situation is available via the form on the website.