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What are the costs of property execution: breakdown and payment order from sale proceeds

Published 27 October 2026

The property sale proceeds in execution are first applied to the costs of proceedings and auction, then to secured creditors and claimants including execution costs. Only any remainder goes to the debtor. Whilst the exact amount cannot be calculated in advance, you can understand the cost components and the order in which they are paid.

Summary

  • Execution costs comprise the executor's fee, documented expenses, valuation fees and publicity costs, and possibly legal representation fees.
  • Auction proceeds are distributed in statutory order; the debtor comes after creditors and costs are satisfied.
  • The exact cost amount is determined by the specific case and the executor's final account, not by a general table.
  • Sale before auction with executor's consent can avoid some costs that an auction entails.
  • Do not sign any offer of quick rescue in panic; the situation can be assessed for free.

What counts as property execution costs

Execution costs are governed by the Code of Enforcement Proceedings (Czech: Exekuční řád č. 120/2001 Sb.) and the implementing regulation on the executor's fees and reimbursements. The obligated party (debtor) generally bears them along with the debt itself. In execution by property sale, your file will typically include these items:

  • executor's fee – set by legal regulation, usually based on the amount claimed or the sale proceeds;
  • documented expenses of the executor – for example, postage, extracts and other documented expenses;
  • costs of property valuation – expert appraisal determining the auction price;
  • costs of auction publicity – auction notice, service and posting;
  • costs of the claimant – for example, legal representation of the creditor, if awarded;
  • register fees and costs connected to the Land Registry – mainly recording of pledges or enforcement orders.

We deliberately do not state specific amounts here. They depend on the debt amount, property value and the course of proceedings, and are listed in the decisions and accounts in your file.

Breakdown of individual items

ItemWhat it includesWhat it depends on
Executor's feeFee for conducting the enforcementAmount of claim and proceeds, regulation
Documented expensesProvable costs, e.g. postage, extractsNumber of actions and participants
Property valuationExpert appraisal of valueType and complexity of property
Auction publicityAuction notice, notification, serviceMethod and scope of publicity
Site visit (inspection)Inspection and determination of property condition, if applicableDifficulty and circumstances
Legal servicesRepresentation of creditor, possibly debtorComplexity of case, decision on cost recovery
RegisterEntries and fees relating to the propertyType of entry, current fee schedule

Court and administrative fees change, so always verify them in the current version of the regulations or at the relevant authority.

The order of payment from auction proceeds

Auction proceeds are distributed according to a distribution scheme (Czech: rozvrh). The rules are in the Code of Civil Procedure (Občanský soudní řád č. 99/1963 Sb.) – provisions on distribution of proceeds, § 337c onwards – which are applied proportionately in enforcement proceedings. Briefly:

  1. costs of proceedings and auction – that is, what had to be spent on the sale itself;
  2. secured creditors – for example, a bank with a mortgage on the property, in the statutory order;
  3. claimant and other registered creditors including ancillary claims and enforcement costs;
  4. any remainder goes to the obligated party – the debtor.

The exact order may depend on the type of claims and when they arose. It is therefore wise to ask for the distribution scheme to be explained in your specific case.

How to calculate real net proceeds

You can make an indicative calculation even without knowing the exact costs:

  1. Take the expected auction price. The minimum bid is two-thirds of the final price (§ 336e of the Code of Civil Procedure, applied proportionately in enforcement), so the price realised may be lower than market value.
  2. Deduct the costs of proceedings, valuation and publicity.
  3. Deduct secured debts, for example a mortgage.
  4. Deduct the claimed debts and enforcement costs.
  5. Any remainder is the amount that could remain for you.

Often it turns out that after all obligations are met, little or nothing is left. A calculator comparing auction and sale before auction will help, where you can enter your own data from the file.

Register fees and transfer of ownership

In a voluntary sale, ownership is transferred by entry in the Czech Land Registry (Czech: Katastr nemovitostí). The cadastral office cannot decide before 20 days from notifying the owner (Cadastral Act č. 256/2013 Sb.); the average registration time is about 22 days. The fee for a registration application is governed by the current fee schedule.

In an auction, the acquisition of ownership is governed by the court order on the knock-down under the Code of Civil Procedure (Občanský soudní řád č. 99/1963 Sb.) and is entered in the register by registration based on the judgment. The transfer tax was abolished (Act č. 386/2020 Sb.), so neither buyer nor seller pays it.

For income from property sale, income tax may apply under the Income Tax Act (Zákon č. 586/1992 Sb.). The time-based test and use of the property as a dwelling are decisive. Leave the specific assessment to the Tax Authority or a tax adviser.

How to reduce costs

Auction is usually the most expensive option for the debtor: between the enforcement order and the auction, weeks or months pass, but costs and ancillary charges continue to accrue. Options:

  • Sale with executor's consent – the procedure is described in sale of property in enforcement, step by step. The purchase price does not have to follow the two-thirds rule and some auction costs fall away. Payment must be made cashless through solicitor's escrow; cash payments are limited to CZK 270,000 per day (Act č. 254/2004 Sb.).
  • Payment of the debt – if you have a source, see paying off enforcement.
  • Knowledge of the entire process – you will find the overview in enforcement on property.

Beware of offers of quick rescue, such as loans against pledge or sale-and-leaseback. They may make the situation worse, so sign nothing in panic. The content of this website is informational and not legal advice; a free non-binding assessment is available via the form on the website.

Frequently asked questions

Who pays the costs of property enforcement? ▾

The obligated party – the debtor – generally bears them under the Code of Enforcement Proceedings (Exekuční řád č. 120/2001 Sb.). In practice, they are paid from the auction proceeds in priority before distribution of any remainder to creditors.

Will the debtor receive anything from the sale price after auction? ▾

Only if the proceeds exceed the costs of proceedings, secured debts, claimed debts and enforcement costs. Any remainder after distribution goes to the obligated party.

Where can I find the exact amount of costs? ▾

In the decisions and accounts in your enforcement file. You can ask the executor for a summary of costs and have the distribution scheme explained.

Is a sale before auction cheaper than an auction? ▾

Usually yes, because some auction costs fall away and the price is not bound by the minimum bid rule. However, a sale requires the executor's consent and care must be taken to ensure safe settlement.

Is transfer tax paid at auction? ▾

No. The transfer tax was abolished by Act č. 386/2020 Sb. Income tax on sale proceeds is assessed separately under the Income Tax Act (Zákon č. 586/1992 Sb.).

Sources

This article is for information only and is not legal advice. Reviewed 27 October 2026.

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