Sale and purchase of forest land

Quick overview

• You can buy a forest from a private person, a real estate agent or in some cases from the Forestry Service of the Czech Republic.
• However, owning a forest does not mean that you can cut, build or fence it freely.
• Logging is governed by the Forest Act, the owner must maintain the forest, and a binding opinion from the state forestry authority is required for construction within 50 metres of the forest edge.
• When selling, it is important to value not only the land, but also the timber, prepare a good quality purchase contract, arrange for the safekeeping of the money and correctly file a petition for entry into the land register.

Short checklist:

• Before buying, check the type of land in the land registry and the actual condition of the forest.
• Find out whether the forest is subject to a management plan, forest management plan or interventions recommended by a professional forester.
• For construction near the forest, expect a binding opinion if the project is within 50 metres of the forest edge.
• For sales, deal with the price of the land, the value of the timber, the purchase contract, the lawyer’s escrow and the proposal for registration.

Not sure if your chosen forest land is a safe purchase or if you can sell it without any problems? Have an attorney review the purchase agreement, ownership and transfer risks before you sign.

Buying a forest plot

The dream of many people is to escape the city and live in harmony with nature. The first step is usually to find a property for sale in a secluded location near a forest that feels like a peaceful paradise – until the legal and practical details come into play. If you’re looking to own your own forest, there are a few details you shouldn’t miss.

We know from experience that buyers often deal mainly with the price of the land and the romantic notion of their own forest, but only later do they discover that a forest is primarily a long-term commitment. It is not enough to check who the owner is. It is also important to find out whether there is access to the land, what the condition of the vegetation is, whether there has been or is threatened by calamitous logging and what obligations the new owner will have to assume.

Where to look for forest land for sale

Forest land for sale can be found, like all other types of land, from estate agents or individuals. You can search for offers on forest land for sale on classic real estate portals such as Sreality or Reality iDnes. But in addition, there are also portals that specialize directly in offers for forest land sales. These include Lesnipozemky.cz or Prodejlesa.cz.

In addition to these options, it is also possible to buy forest land directly from the Forestry Service of the Czech Republic. In addition to forest land, the Forestry Service offers the sale of real estate, which may include buildings or accessories to land. The Czech Republic regularly sells property it does not need, including forest land.

In addition to buying these, you can also lease or lease them. You can find all current offers for the sale of forest land in one place.

Have you found a forest plot in an advertisement and don’t know if the price corresponds to the legal restrictions? Send us the purchase contract, title deed and parcel number. We’ll check the transfer for hidden legal risks and advise you on what to ask the seller for before signing.

Is it worth buying forest land from the Czech forests or from a private person?

Each method has its pros and cons, depending on what you prefer. The main differences between buying a forest from the state or a private person can be seen in the following points:

Buying a forest from the forests of the Czech Republic

• Fixed price: when selling a forest from the state, the price is fixed, public and transparent. As a result, you do not have to worry about hidden fees or confusion about the final price.
• Lack of room for negotiation. So what you see is what you pay.
• Lower price: Forest land can usually be bought from the state at lower prices than would be offered on the property market.
• Stability: sales of any state-owned property, including forest land, are less affected by market fluctuations than traditional sales, which are mainly driven by supply and demand.

Purchase of forest from a private party

• Variable price: prices for privately owned forest land can vary widely depending on factors such as the state of the property market, location, size of the property and the motivation of the seller. In addition, they may not be fully transparent.

• Negotiation flexibility: private sellers usually offer more room for negotiation on price and terms. You may be able to strike a deal that better suits your budget and needs.
• Higher price: unlike government sales, private sales are market-driven. That’s why prices are usually higher than in a government sale.
• Bargain Buying Opportunities: However, the influence of market supply is also related to the opportunity to buy forest land from a private person at a really good price. For example, in situations where demand is low and the seller is in a hurry to sell the forest.

How the purchase of forests of the Czech Republic directly from the state is carried out

The forests of the Czech Republic are sold through a tender procedure published on the website of the Czech Forests. If you are interested in buying a forest, then you must submit an application for the transfer of property. This must be in writing, include your name and contact details (address, telephone number or e-mail) and include your handwritten signature. The application must specify the subject of the application (i.e. the land you want to buy). It must not be missing its identification details, such as the cadastral area and the parcel number. If necessary, you can also provide map documentation.

The application can be sent electronically without a certified signature or by post to the Directorate of the Forestry Directorate in Hradec Králové. Once it is received, it is registered and you will be informed as soon as it has been processed. This is followed by an assessment and a decision on whether the transfer of immovable property can be carried out and under what conditions.

What you can legally do with your own forest

As a forest owner , you are legally restricted in many ways and you also acquire a number of obligations when you buy a forest. So let’s answer the most common questions.

Can I cut down trees in my own forest?

A common mistake made by owners is the idea that “my forest equals my timber and I can cut it at any time”. However, in the case of a forest, the ownership right is greatly corrected by the public interest in protecting the forest. If you are unsure whether a logging operation is a random harvest, a clearcut, or an intervention requiring consent, address the matter in advance with a professional forester or state forestry authority.

According to the current wording of the Forest Act, you may not carry out clearing without exception in stands of tall forest younger than 60 years and in stands of low or medium forest younger than 20 years. In justified cases, the state forest management authority may grant an exception, for example in the case of endangered stands or other situations foreseen by law. So before you undertake any major harvesting, check the conditions in the forest management plan, forest management plan or with a professional forester.

Further restrictions also apply to the permitted cutting size per hectare, with a limitation on the width to twice the average height of the harvested stand. However, for all options it is possible to apply for an exemption from the state forestry authority.

These rules are often difficult to navigate, so as a forest owner you have help in the form of forest management plans, which contain a management plan and a description of the forest’s character (area, age, tree species, etc.). In addition, you will also have an expert forester on hand. They will help you mark out the harvest and advise you on anything you are unsure of.

Can I fence my forest?

Everyone has the right to freely enter the forest and collect berries, mushrooms and bark. This is actually a type of easement that applies to all forest land. It follows that you cannot fence in the forest because you would be violating this right. But there are exceptions, especially for reasons of forest protection or public health and safety. These include, for example, the fencing of forest nurseries or fencing to protect vegetation from wildlife. It is also possible to fence a forest if it is converted into a game preserve for breeding endangered game.

What are my obligations towards the forest?

First and foremost, your responsibilities relate to maintaining and keeping the forest healthy. This means that you are obliged to reforest the forest, prune the trees and get rid of diseased or otherwise damaged trees. In addition, you must keep the forest accessible to people.

In doing so, you must not harm your neighbours or nature. In addition, you must also protect the forest from pests, wildlife damage, fungal diseases and fires. You must keep a record of your forest management, which you must send to the State Forest Authority once a year.

Before you do anything in the forest, check the following:

• whether you have a forest management plan or outline,
• who is your expert forester,
• whether it is routine maintenance, random harvesting or major intervention,
• whether the intervention requires an exemption or an opinion from the state forestry authority,
• whether you restrict the public’s right of access to the forest.

Real Estate for sale in a secluded area near the forest

A house by the forest – the sale of such properties attracts lovers of peace, nature and solitude, but also carries with it legal and building restrictions. Building a house near or right in the woods sounds like paradise to many of us, but what are the rules?

A house in the woods

You can’t build a traditional house in the forest. The only thing you can build in the forest is a forest management facility or a hunting lodge. The size of the building is limited to a maximum of 30 m2 of built-up area, a maximum height of 5 metres and no basement.

House by the forest

It is already possible to build a house near a forest. However, it must be taken into account that it is subject to more rules than a conventional house. If you plan to build a house less than 50 metres from the edge of a forest, you will need approval from the forestry authority to build it. The forestry authority assesses whether the construction of the house will disturb the forest and its management. In the event of approval, it can also issue conditions that must be met.

The simple rule that no building may be built within 50 metres of the forest applies. What is important is that a project within this distance is subject to the assessment of the state forestry authority, which issues a binding opinion and may impose specific conditions. In practice, the issues addressed include, for example, building setbacks, fire safety, access to the forest, the impact on forest management or the risk of falling trees.

The municipal authorities typically require map documentation, a cadastral image, an inventory of the affected land and a statement from the owners of forest land within 50 metres of the construction.

Are you planning to buy land mainly to build near a forest? Before you pay the reservation deposit, check whether the construction will be possible. An attorney can help you check the purchase contract, the terms of the reservation and whether the contract provides for a situation where the authorities will not allow construction near the forest.

Sale of forest land

A house near a forest? Selling may look tempting, but we recommend thoroughly investigating building options and legal restrictions. If you are going to sell the forest for any reason, you should follow the following procedure to ensure a smooth process:

1. Setting the price: first of all, you need to set the price correctly. Keep in mind that you are not only selling the forest land, but also the timber in it, which should be included in the price.
2. Documents.
3. Reservation agreement: Once you have found a prospective buyer, it is worth signing a reservation contract with them. This gives you the assurance that the interested party will actually buy the land.
4. Purchase agreement: The next natural step is the purchase agreement, which handles the actual sale.
5. Escrow: Escrow ensures you don’t lose your money. Its function is that the money for the sale of the forest goes to the solicitor for safekeeping, and you receive it once the conveyancing is completed.
6. Land Registry: this is followed by the application for registration of the title in the Land Registry. Once processed, the forest is then officially transferred to the buyer and you are paid the money from the solicitor’s escrow money.

If you are tempted by properties for sale in a secluded area near a forest, we recommend that you follow the standard portals and also the specialized listings where such properties appear.

In the case of forest sales, the mistake is often made in practice of setting the price only according to the area of the land. In reality, the condition and composition of the stand, the access road, planned or existing logging, management restrictions and whether the buyer will be able to use the land as he envisages can have a major impact. A good contract should therefore not only convey the parcel, but also address the information conveyed, the condition of the land, liability for defects and the safe settlement of the purchase price.

Summary

The purchase, ownership and sale of forest land all require thorough legal scrutiny. A forest can be bought from a private individual, real estate agent or in some cases from the Forestry Service, but the new owner assumes not only the land but also the legal obligations under the Forest Act. He cannot cut at will, he must respect the management rules, take care of the forest condition, usually allow public access and, for larger interventions, follow the forest management plan, outline or instructions of the professional forester. Under the current regulations, deliberate logging is limited mainly by the age of the stand and, in the case of buildings within 50 metres of the forest edge, a binding opinion of the state forestry authority is required. When selling, it is important to properly value not only the land but also the stand, prepare a good quality purchase agreement, set up a secure attorney’s escrow and file a petition for entry into the land register. It is therefore safest to check the legal status of the land before signing a reservation or purchase agreement.