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Change and cancellation of permanent residence

The place of permanent residence is the address on our ID card, not the place where we actually have to live. However, this address has important implications. What are they? Find out in this article. In addition, we will also look at how you can change or cancel your permanent residence.

9 minutes of reading

Chapters of the article

What is permanent residence

The place of permanent residence is the address where a citizen has a registered “permanent home”. However, this place does not have to be his/her actual residence. The place of permanent residence is primarily used to register residents and as a starting address for correspondence with the authorities. If you should receive a summons to appear in court, for example, expect to receive a letter at your place of residence. Your place of residence also determines your registration in the electoral districts and your right to vote for local councils or the Senate.

Tip: Have you received an official letter or other “paper” and don’t know how to respond? Has someone contacted you with a pre-suit or other challenge? Do you need to consult a strategy in an official procedure? We will explain where you stand and defend your rights.

How permanent residence differs from domicile

I’m sure you’ve filled in a form asking for information about your place of residence and your domicile. This may be the same place, or it may be two completely different addresses. As we have already said, you can have your permanent residence declared even in a place where you do not actually live. This is the information you have on your documents and is therefore a kind of registration information.

On the other hand, your domicile is the place where you actually live. This address is not declared or reported anywhere. Therefore, if you are asked for it when filling in various forms, it is because it will serve as your contact address in case you should receive a letter, for example.

The Czech Republic is quite different from most of the world when it comes to permanent residence. In most other countries, domicile applies. Moreover, dual residence (permanent and temporary) can cause problems. An example of this is people who change their permanent address just before an election purely to influence local elections.

Why it pays to have permanent residence and domicile in the same place

  1. Official letters and elections. In addition, you won’t have to get a voter’s card before every election and you will be able to vote in local elections and influence where you live.
  2. Social benefits: another advantage if you want to claim any social benefits. This is because the income of all members of your household is taken into account in determining whether you get benefits and how much you get. So if you have a registered residence, for example with your parents, their income is also taken into account. Even if you are no longer a member of their household.
  3. Other benefits: it is also worthwhile to have a permanent residence identical to your home address if you register your children for school or nursery or if you register with a district doctor. And if you live in a big city, you can use resident parking if you have a registered permanent residence.

Tip: All of us may find ourselves in a situation in life where struggling with financial problems and the inability to cover current expenses will put our economic stability at risk. Find out when material hardship benefits can help you.

Where to declare your permanent residence

Each citizen can have only one place of permanent residence. Moreover, the place of permanent residence cannot be any place. The basic conditions must be met. First of all, it must be a property that has been assigned a description, registration or landmark number. The property must also be used for housing, accommodation or may be a holiday home. However, it must not be a property used, for example, for business purposes.

The initial place of residence given to a citizen at birth is the place of residence of his mother. you therefore have a “permanent home” with your parents and people usually only change it after they have found their own place to live. However, this is not necessary and if you move frequently, for example, you can keep your ‘permanent residence’ with your parents for as long as you want. Every change of permanent residence involves the need to get new documents and notify the various authorities of the change of residence. It is therefore preferable to avoid frequent changes of residence.

Tip: Soon you won’t need physical documents. Learn how the app will work instead of ID cards and powers of attorney.

Rent and permanent residence

From the tenant’s point of view

You have rented a flat and want to register your ‘permanent residence’ but are not sure whether you can. You often see rental advertisements where landlords prohibit you from declaring your permanent residence. However, this is against the law and the landlord cannot prohibit you from declaring your permanent residence in the tenancy. All you need to declare your permanent residence is a tenancy agreement and an ID card or other proof of identity.

This is not the case for subletting. In this situation, you will need the landlord’s permission to declare your permanent residence. To change your permanent residence, you will therefore need a certified written confirmation from the landlord.

From the landlord’s point of view

Many landlords prohibit the declaration of permanent residence. But they have no right to do so. So a tenant can declare their permanent residence even if the tenancy agreement clearly states that you forbid it.

Fortunately for you, though, we have good news. Because the law is clear that “norights to the premises or to the owner of the propertyarisefrom “the registration of a citizen for permanent residence. It follows that he cannot legally deal with the property in any way. Therefore, even if your tenant goes into foreclosure, it will have no effect on you and your apartment or house. However, you need to carefully draw up a handover report, which will list all the amenities of the rented apartment. This document will then ensure that this equipment is not subject to foreclosure.

Tip: Do you have a problem with your landlord or tenant and a reasonable agreement is not enough? Send them a pre-action notice. This is the most effective and cheapest way to protect your rights. It serves mainly as a last warning before you sue, but without having to pay court fees and risk paying the other party’s litigation costs as a last resort.

How to apply for cancellation of permanent residence

You cannot cancel your permanent residence on your own. It only ceases automatically when you register a new permanent residence. Therefore, only someone else can apply for the cancellation of a permanent residence for a person who no longer lives at the address of their permanent residence. Typically, this will be, for example, a landlord in whose flat the former tenant has retained a declared “permanent residence” after moving out.

Thecancellation of the permanent residence is applied for at the registration office, which is usually the municipality or town hall under which the property falls. Here you will need to submit:

  • ID card or other proof of identity;
  • Application for cancellation of permanent residence;
  • Document of termination of the lease or handover report;
  • Information about the current address of the person whose permanent residence you wish to cancel
  • Proof of ownership of the property or the lease you have for the property.

As far as the application for cancellation of permanent residence itself is concerned, there is no clear form that you just fill in. Nor is it specified what exactly such an application should contain. Many people therefore opt for the freely available templates for a cancellation of permanent residence application that can be found on the internet. In this case, however, it is best to choose the templates that are often offered by the municipalities themselves. If your municipality does not offer such a template, you can also contact our attorneys who will be happy to prepare a proposal for you.

Are you planning to rent a property?

We will draw up or review a lease agreement tailored to your case. Thanks to our services, even after the end of the lease, no disputes will arise between landlord and tenant regarding unclear rights or obligations.

How to change your place of permanent residence

As mentioned above, you cannot cancel your permanent residence yourself. The cancellation will only happen if you declare your permanent residence elsewhere. But how to do it properly?

You register for a new permanent residence at the registration office, i.e. the municipal office or the city council. Here you fill in the permanent residence registration form and pay an administrative fee of 50 crowns. You will also need to present your ID card or other proof of identity and proof of your right to use the house or apartment (e.g. a lease agreement). If you are the owner of the property, the authority will usually verify your ownership itself at the Land Registry. In all cases, however, it is better to bring the land registry extract or the contract of sale with you.

They will then cut off a corner of your ID card, which becomes invalid. In the meantime, you will receive a provisional document. You should therefore apply for a new identity card straight away.

If you change your permanent residence, you must inform the various authorities. These include, in particular, your health insurance company. If you are a registered taxpayer (you have a tax number), you must also notify the tax office of your change of residence. And if you are at the employment office, you must also notify the change here.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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