For intermediation of a lease, sublease or usufructuary lease, the statutory monthly value must be at least EUR 10,000. This is an activity-classification condition. It is not the agent’s commission, total rent across all years or a general exemption for other real estate or cash activities.
Exact threshold and contract
Section 2(1)(d)(2) uses the monthly payment, the monthly share of revenue paid to the lessor in a usufructuary lease, or their sum. Reaching the amount includes exactly EUR 10,000. For another currency document conversion under the applicable statutory rule. Do not permanently substitute CZK 250,000: exchange rates and the relevant date can affect the result.
A usufructuary lease may include a revenue component. Record each component and its monthly calculation. For multiple premises distinguish the actual contract and connected performance from independent contracts. Unclear variable or contingent consideration must not become an automatic answer without contractual evidence.
An owner is not automatically an intermediary
An ordinary landlord letting their own apartment is not a real estate intermediary merely for that reason. A formal registered office service for another legal entity is separately assessed under section 2(1)(h)(3), without the lease threshold. Assess packages combining premises, registered office and mail services by their substance.
A business or legal entity outside intermediation may still enter the section 2(2) regime through a cash transaction of at least EUR 10,000. The AML cash trigger and legality of payment are separate issues. Business property purchases and sales also fall under a different provision from letting.
When the condition is met
Map landlord and tenant and those acting for them. Determine whether the service creates a relationship or occasional transaction. Meeting the profession threshold does not itself perform identification or due diligence. For corporate parties assess ownership, use of the premises and financing risks. Link classification to the particular checks actually completed.
Contract changes
An amendment increasing monthly consideration, adding premises or changing to a revenue model can alter the conclusion. Keep the original calculation and add the updated one with its effective date. A saved “AML does not apply” does not cover all future performance or other engagements.
Practical steps
- Check whether you intermediate a lease, sublease or usufructuary lease.
- Itemise monthly consideration and revenue components.
- Document currency, conversion and the EUR 10,000 inclusive threshold.
- Check other activities and cash.
- Configure checks and updates where the condition is met.
Illustrative scenario
A warehouse contract sets rent at exactly EUR 10,000 per month. The intermediary records that the threshold is met and checks both corporate parties. Its commission is irrelevant to that classification.
When the situation differs
An apartment rents for EUR 1,000 monthly over three years. Summing EUR 36,000 does not satisfy the monthly threshold; other triggers still require separate assessment.
What to document
- Contract and amendments
- Dated monthly calculation and currency
- Activity classification and customer file
Common pitfalls
- Using annual instead of monthly value
- Using commission
- Applying the threshold to a virtual office
Frequently asked questions
Does exactly EUR 10,000 count?
Yes. The Act says at least. “Above EUR 10,000” would incorrectly exclude the boundary.
Can I decide without the entire contract?
Complete relevant data may suffice for a simple fixed payment. Mixed or revenue-based consideration requires contractual context; mark missing information as unresolved.
Put this guidance into practice
Choose a record for the step you are working on. Adapt it to your profession and actual case.
Complete client information online
Where to go next
- AML monetary thresholds: value, currency and related transactions — Separate identification, due diligence and obliged-entity thresholds, including currency conversion and aggregation.
- AML and cash: different statutes, different limits — Separate AML measures from restrictions on large cash payments and use the correct aggregation rules.
Sources and legal references
- Zákon č. 253/2008 Sb., aktuální znění od 11. 1. 2026 ↗
§ 2 odst. 1 písm. d) bod 2 a písm. h) bod 3, odst. 2 písm. c)–d), § 7–9, § 54 · 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.