Property Schedule in Execution Proceedings: what is verified and how to challenge errors
Published 18 October 2026
A property schedule in execution proceedings summarises what will be sold: identification of land and buildings, their condition, accessories, encumbrances and estimated value. These details are verified against the Czech Land Registry (Katastr nemovitostí), expert valuation and inspection, and obligors and other parties may challenge them through statutory procedures. The earlier you identify an error, the easier it is to correct it before the auction.
Summary
- A 'schedule' is not a single document: property details appear in the execution order, expert valuation, judgment on price and auction notice.
- Verification covers identification in the Land Registry, scope of accessories, actual condition, encumbrances and final valuation.
- Errors in price or description must be challenged promptly and in writing, with supporting documents, ideally upon receipt.
- The opening bid at auction is two-thirds of the final valuation, so valuation errors are critical.
- This information is general guidance; specific procedures should be confirmed with a lawyer.
What is a property schedule and where to find it in proceedings
The term 'schedule' is used loosely in practice. The law actually works with several connected documents that describe the property: the execution order for sale of the property, expert valuation (znalecký posudek), the judgment on final value, and the auction notice. The legal framework is set by the Enforcement Rules (Exekuční řád) No. 120/2001 Coll. (particularly § 69) and by analogy the Code of Civil Procedure (Občanský soudní řád) No. 99/1963 Coll. (§ 336a et seq.).
When someone refers to the entire bundle of documents as 'schedule', always clarify which document specifically is meant. This determines what action you can take and within what timeframe. A general overview of the proceedings can be found in the article Enforcement on Real Property.
What is verified in the schedule and related documents
Verification typically addresses the following areas:
- Identification: cadastral district, plot numbers, property number, unit and share in common parts of a building. Compare these with the current extract from the Czech Land Registry.
- Ownership: whether the obligor is the true owner and to what extent. Ownership is registered by entry in the Land Registry (Czech Land Registry Law [Katastrální zákon] No. 256/2013 Coll.).
- Accessories and components: garden, garage, well, fencing or fixtures that are part of the property, and conversely, movable items that are not (Czech Civil Code [Občanský zákoník] No. 89/2012 Coll.).
- Encumbrances: mortgages (zástavní práva), easements (věcná břemena), tenancy agreements, rights of first refusal.
- Price: final valuation determined by expert appraisal.
Description and actual condition: what to watch for
The valuer bases their assessment on inspection and available documentation. If no one familiar with the property attends the inspection, the description may rely solely on Land Registry records or historical data.
Common discrepancies
- An unfinished or completed extension not registered in the Land Registry, or conversely, a registered building that no longer exists.
- Stated usable floor area does not match reality, or the building is classified as a different type.
- Overlooked defects, such as dampness, structural damage or non-functional technical systems, or conversely, completed renovations not reflected in the valuation.
- A building without planning permission or building approval (kolaudace); this is governed by the Building Act (Stavební zákon) No. 283/2021 Coll. and earlier regulations.
Photographs and renovation documents (invoices, inspection reports, building approval decisions) are the strongest evidence for any challenges.
Encumbrances and tenancy arrangements
Encumbrances significantly affect bidder interest and price. Verify that the schedule lists all mortgages, easements (such as habitation rights or rights of way) and tenancy agreements. Some rights terminate upon sale, others persist after ownership transfers. Which outcome applies is determined by law and the auction notice content.
To verify, use the publicly available extract from the Czech Land Registry through the Public Registry Viewing Portal (Nahlížení do katastru nemovitostí). You can also discover any additional enforcement proceedings and mortgage creditors. Check too that the correct amount or scope of rights is recorded and that no earlier entry (since cancelled) is missing. For multi-unit buildings and tenancy issues, the article on tenanted buildings in enforcement may also help.
Price, defects and final valuation in the auction
Property valuation is the most sensitive issue. Under the Code of Civil Procedure (Občanský soudní řád) No. 99/1963 Coll. (§ 336a et seq., applied by analogy in enforcement), a final value is determined from which the opening bid is derived. At auction, the opening bid is two-thirds of the final value (§ 336e). Undervaluation directly affects the proceeds from which enforcement costs and creditor claims are paid in order of priority.
Check whether the valuation has overlooked defects (újmy)—factors that reduce value: easements, tenancy agreements, poor technical condition or usage restrictions. The opposite scenario is also considered: overvaluation that prevents the property from selling. Assess whether the valuer used comparable properties from the same locality and applied the correct floor area.
How to challenge errors and the procedure to follow
- Obtain and carefully read the documents. Identify which document you have and what instructions it contains about remedies. Statutory timeframes apply, and missed deadlines are difficult to remedy.
- Compare details with the Land Registry and actual condition. Gather photographs and supporting documents.
- File written objections or use available remedies. Under the Code of Civil Procedure (Občanský soudní řád), you may challenge the judgment on price through proper legal remedies. Against the enforcement officer's actions, you can use remedies under the Enforcement Rules (Exekuční řád) No. 120/2001 Coll.
- Propose evidence. For example, your own expert valuation or data corrections.
- Consider alternative approaches, such as sale with the enforcement officer's consent or settling the debt, described in the articles on selling property in enforcement and how to stop an auction.
Between the execution order and auction, weeks to months typically pass, so time for review is usually available. Do not sign panic offers for quick solutions—such as loans against collateral or sale-and-leaseback arrangements—which may worsen your situation. Further explanation is available in the Advice section.
When to seek professional help
If you are unsure which document you have or whether an error is material, contact a lawyer or other specialist. You can request a free initial assessment of your situation via the form on the Assessment page. This text is for information only and does not replace legal advice.