How to get a council flat

Quick overview:

• Municipal housing is allocated by the municipality according to its own rules.

• You must meet the conditions (permanent residence, income, no debt).

• Rent is governed by the Civil Code.

• The transfer of the lease after the death of the tenant is regulated by law.

• The intention to sell must be published for at least 15 days.

If the municipality has refused your application or you are not sure whether it is acting in accordance with the law, write to us. Our attorneys will review the municipality’s procedure and prepare a legal solution for you.

What is a council or municipal flat

A council flat is, as the name suggests, a flat owned by the council. Leases for these apartments are offered at lower prices than on the real estate market, but the quantity is very limited. Therefore, they are definitely not available to everyone. Very few new council flats are being built and therefore most of the available council flats for rent are only offered for rent when the previous tenant has died, moved out or been evicted (e.g. for non-payment of rent).

Amount of rent for a municipal flat

As already mentioned, municipal flats are the property of the municipality and the amount of rent is therefore decided by the municipality itself, but must be governed by law. Prices will therefore vary from municipality to municipality. However, municipal flats have a much lower rent than conventional flats owned by private persons or companies. However, you need to check with the municipality of your choice for specific prices.

In any case, it is necessary to take into account the fact that even in municipal flats the rent can rise. This is often due to renovation costs or inflation, which has increased prices for almost all commodities this year, including the rent in municipal apartments.

Types of urban apartments

City apartments can be for everyone, but there are also types of city apartments that are offered for certain groups of people. These include:

• Starter flats: this type of flat is for young people (usually under the age of 30) with a limited lease period (a few years).
• Apartments for the elderly: Municipal apartments are also intended for the elderly, who often suffer from low income and health limitations.
• Service apartments: Some municipalities offer apartments for their employees.
• Apartments for people with disabilities: Some municipal housing may also be reserved for persons with disabilities who would otherwise have difficulty finding conventional housing. For example, many municipalities offer specially adapted wheelchair-accessible flats, which are difficult to find on the property market.

Advantages and disadvantages of a council flat

Advantages of council flats

• Affordable Housing: council housing provides an affordable housing option for low-income individuals and families who might otherwise struggle to find decent and affordable housing in the property market.
• Stability: Municipal housing provides a stable and long-term solution, reducing the risk of homelessness and housing costs for vulnerable populations.
• Social and economic integration: Municipal housing can promote socio-economic integration by enabling low-income people to live in neighbourhoods with better amenities, schools and job opportunities.

Disadvantages of council flats

• Limited supply: there are few council flats and not many new ones being built, leading to long waiting lists and limited availability. This means that not everyone who needs them has access to them.
• Quality issues: Some council housing can suffer from maintenance problems and lack of investment in repairs, leading to sub-standard living conditions for residents.
• Stigma: There is often a social stigma attached to living in council housing, which can negatively affect residents’ self-esteem and outlook.
• Bureaucracy: The application and qualification process for council housing is highly complex and bureaucratic, which puts many people off.
• Social problems: Some areas of towns with high concentrations of council housing can face problems related to crime, drugs and social problems that have a negative impact on the quality of life of residents.

Who is eligible for council housing

Each city sets its own conditions for getting council housing. However, the basic conditions are almost everywhere citizenship of the Czech Republic, reaching the age of eighteen and permanent residence in the city, often accompanied by a certain duration of this permanent residence (which can be several months or even years). Other conditions include that the applicant must not be the owner of the property and must have a salary high enough to be able to pay the rent. The municipality can also set a maximum salary for the applicant in order to provide municipal housing only to less well-off citizens.

Application for allocation of a council flat

The form for applying for a council flat will usually be provided by the local authority. However, you will most often find the following sections:

• Your personal details, such as your full name, address, date of birth, etc.
• Contact details, such as your telephone number, address or email.
• Personal details of other people who will share your household and your relationship with them (spouse, children, etc.).
• Your income or the income of your household as a whole.
• A description of your current situation – i.e. why you are applying for the apartment, what your health condition is or a description of your current residence.
• Specification of what kind of apartment you are applying for. This may include the specific flat advertised or perhaps the size or number of rooms required.
• An affidavit and handwritten and dated signature .

We often see councils reject applications because of formal deficiencies – for example, missing proof of income or incomplete information.

Once you have made your application, you will have to submit it and decide whether you will actually get a council flat. There are several ways in which the city selects applicants. But the three most common ways of selecting applicants are:

1. Points-based: In this case, applicants are assigned points by the Housing Commission and City Council based on their situation. For example, overall living situation, financial and social security, etc. are considered. This gives priority to socially vulnerable individuals, such as single mothers or seniors
2. Lottery: Applicants are selected by random draw. They are often divided into several groups (families with children, seniors, etc.). You can then apply for only one of the corresponding groups.
3. Envelope. The city will then select the highest bid.

The most common mistake applicants make is not reapplying after being taken off the waiting list or not checking to see if they can reapply if their situation changes.

Sale of city apartments

Not only do you have to rent a city apartment, but sometimes there is also an opportunity to buy one. In fact, cities regularly dispose of unwanted property, including apartments. The municipality must post the intention to sell the flat on the official notice board for at least 15 days (most municipalities now have the notice board available online). If you are interested in buying this apartment, the sale must still be approved by the municipal council.

If you are going to buy a municipal flat, we will provide you with a complete legal service – from checking the purchase contract to the safe transfer of ownership.

If the City decides to sell municipal apartments, preference for purchase is usually given to existing tenants. Only if they are not interested are the flats made available to the public.

Another option is for you to apply to buy a council flat. However, here you have a much lower chance of success. Not only does the municipality have to approve the sale of the flat, but in this case the advertisement for sale will be posted on the official notice board and then the sale will have to be approved by the council, so anyone can blow you off.

Transition of a municipal apartment lease

The transfer of a lease of a municipal flat consists in the transfer of the lease contract to a new person after the death of the original tenant. However, the lease can only be transferred to a person who was a member of the deceased’s household and who also meets the conditions set by the municipality for the transfer of the lease of a municipal flat. This process can be complicated and depends on the municipality’s decision.

We have dealt with a case where the municipality refused to recognize the transfer of the lease to the child of a deceased tenant on the grounds that he did not meet the municipality’s internal rules. However, after investigating the situation, it turned out that the applicant did meet the legal conditions under the Civil Code, in particular the existence of a joint household. Thanks to our help, the municipality recognized the claim and the tenancy was maintained.

If you are dealing with the transition of a lease after the death of a loved one and are unsure of your rights, our lawyer will quickly assess the situation and help you defend yourself against an unjustified refusal by the municipality.

Cohabitation means the permanent cohabitation of persons with a common household.

In summary, municipal housing serves as a good source of affordable housing, but its scarcity and complex allocation processes pose significant challenges. Therefore, understanding the criteria and procedures in your particular municipality and being patient with the application process is key to a successful application.

Summary

Council housing is an affordable housing option, particularly for those on lower incomes, and is owned by the council. They are offered at a lower rent than private housing, but their availability is limited and depends on various factors, including the specific city and its conditions for obtaining housing. Applicants must meet basic conditions such as permanent residence in the municipality, age over 18 and low income. The application process is often bureaucratic, and vacant apartments are allocated on a point, lottery or envelope system. In some cases, it is possible to transfer the lease of a municipal flat to another person after the death of the original tenant. Municipalities also sometimes sell their flats, but priority for purchase is given to existing tenants. The rent varies from municipality to municipality and may increase due to inflation or renovations.