Buying or selling real estate as a business creates obliged-entity status for an own-account development project too. Duties extend beyond estate agencies. Assess the particular entity’s actual activity rather than the group’s brand, construction label or use of a supplier to prepare contracts.
Which company sells
Separate the project owner, construction contractor, seller and intermediary. A project company selling apartments as a business must assess its own duties. A contractor merely invoicing construction work is not automatically covered by this property category. Assess other activities separately.
A private owner selling a family home is not a business property trader merely for that reason. A company cannot exclude genuine trading by saying it owns the property. Document the activity’s purpose and operating model rather than relying only on one registered business description.
Several transaction stages
Reservation, preliminary sale agreement, initial deposit, replacement buyer and final payment can each introduce information and risks. Determine relationship inception and the identification and due diligence triggers. Do not automatically wait for the final contract if a statutory trigger arises earlier.
Check the customer, actual representative, authority and corporate beneficial owners. An agent’s information is evidence; responsibility does not transfer merely because its form is forwarded. Statutory reliance requires specific conditions and accessible records.
Funding must fit the current buyer
Different people may finance the deposit and balance. Explain each payer’s connection and the funds’ origin to the extent justified by risk. For multiple-unit purchases, sudden reservation transfers or complex ownership chains record the economic reason, changes and further verified evidence. Price alone does not make a transaction suspicious; circumstances matter.
Letting and registered offices
Do not automatically classify letting owned premises as estate intermediation. Formal registered offices or company formation services can create a further category under section 2(1)(h). Cash may have its own trigger. Connect each group entity with its services and responsible staff in the process map.
Practical steps
- Identify the selling legal entity and actual activity.
- Map reservations and payments.
- Verify buyer, representatives and owners.
- Assess financing, third-party payers and changes.
- Resolve discrepancies and retain your own file.
Illustrative scenario
A project company sells new apartments through an outside agency. Its process covers reservation and deposit, records checks it performs or lawfully relies on, and reassesses due diligence when an individual buyer is replaced by a foreign company.
When the situation differs
A construction company renovates for an owner without buying or selling the property. Its construction invoice alone does not classify it under section 2(1)(d)(1).
What to document
- Entity and activity map
- Reservation, preliminary and purchase contracts
- Customer file and payment timeline
Common pitfalls
- Unconditional reliance on the agent
- Waiting for final sale
- Ignoring replacement buyers
Frequently asked questions
Are small developers exempt?
There is no general exemption based on apartment count or company size in this category. Assess business activity and other statutory conditions.
Does the title record suffice?
It evidences relevant property data, not representative identity, beneficial ownership, purpose or funding.
Put this guidance into practice
Choose a record for the step you are working on. Adapt it to your profession and actual case.
- New bookkeeping client checklist · PDF / Word
- Property sale checklist · PDF / Word
- Developers and property traders →
- Real estate auctioneers →
Complete client information online
Where to go next
- Am I an obliged entity? Activities matter, not just a business ID — Map actual services to the Czech AML Act and identify conditions, authorisations and exemptions.
- Source of funds and source of wealth: two different questions — Distinguish the funds used in a particular transaction from the creation of the client’s wider wealth, and assess supporting documents.
Sources and legal references
- Zákon č. 253/2008 Sb., aktuální znění od 11. 1. 2026 ↗
§ 2 odst. 1 písm. d) bod 1, písm. h), odst. 3, § 7–9, § 15–16 · accessed 2026-10-04 - FAÚ: Realitní sektor ↗
Developeři pod § 2 odst. 1 písm. d) bod 1 · accessed 2026-10-04
Editorial work and source checks are not independent legal approval of your particular process. Compare the conditions and exceptions with your own circumstances.