What is permanent residence, and how can I change it?

Quick Overview

• Permanent residence is merely a registration detail. You do not have to actually live at that address.
• Every citizen may have only one permanent residence in the Czech Republic.
• You can process the change in person at the registration office at your new address.
• You will need a valid ID and a document proving your right to use the apartment or house.
• The administrative fee is 50 CZK; children under 15 are exempt from this fee.
• A landlord cannot prohibit a tenant from registering, but permanent residence alone does not grant the tenant any right of ownership or use of the apartment.

Are you dealing with a dispute with your landlord, or do you need to draft a lease agreement properly? Have our attorneys review and draft it for you before any issues arise regarding the use of the apartment, termination of the lease, or deregistration of a former tenant.

What Is Permanent Residence?

A place of permanent residence is the address where a citizen has registered their “permanent residence.” However , this location does not necessarily have to be their actual place of residence. The place of permanent residence serves primarily for population registration and as the default mailing address for government agencies. If, for example, you were to receive a summons to court, you should expect the letter to arrive at your place of permanent residence. Your place of permanent residence also determines your assignment to an electoral district and your right to vote in local council or Senate elections.

How Permanent Residence Differs from Place of Residence

You’ve probably filled out a form at some point where you were asked for information about your permanent residence and your place of residence. These can refer to the same location, but they can also be two completely different addresses. As we’ve already mentioned, you can have your permanent residence registered at a place where you don’t actually live. This is the information listed on your official documents and is therefore a kind of registration detail.

On the other hand , your place of residence is where you actually live. This address does not need to be registered or reported anywhere. Therefore, if you are asked for it when filling out various forms, it is because it will serve as your contact address in case, for example, you need to receive a letter.

From the experience of Dostupný advokát: Landlords often fear that tenants will acquire a legal right to the apartment by registering their permanent residence. This is a misconception—permanent residence is merely a piece of registration information. The problem usually arises only after the lease ends, when the former tenant fails to change their address and the landlord must prove to the registration office not only that the right of use has ended, but also that the person in question is no longer actually using the apartment.

The Czech Republic differs quite a bit from most of the world when it comes to the concept of permanent residence. In most other countries, the concept of domicile applies. Furthermore, having two places of residence (permanent and temporary) can cause problems. An example of this is people who change the address of their permanent residence just before an election purely to influence the municipal elections.

Why It Pays to Have Your Permanent Residence and Primary Residence in the Same Place

1. Official correspondence and elections: First and foremost, you can be sure that you won’t miss any official correspondence sent to you. In addition, you won’t have to apply for a voter registration card before every election, and you’ll be able to vote in local elections and thus influence the place where you live.
2. Social Benefits: Another advantage arises if you wish to apply for social benefits. When determining whether you’ll receive benefits and in what amount, the income of all members of your household is taken into account.
3. Other benefits: It’s also advantageous to have a permanent residence address that matches your actual place of residence when enrolling your children in preschool or school, or when registering with a primary care physician. And if you live in a large city, having a registered permanent residence gives you access to resident parking.

Where to Register Your Permanent Residence

Every citizen may have only one place of permanent residence. Furthermore, not just any location can serve as a place of permanent residence; certain basic conditions must be met. First and foremost, it must be a property that has been assigned a descriptive, registration, or orientation number. This property must also be intended for residential or lodging purposes, or it may be a recreational property. However, it cannot be a property used, for example, for business purposes.

The default place of permanent residence that a citizen receives at birth is their mother’s place of permanent residence. Therefore, your “permanent residence” is registered at your parents’ home, and people usually change it only after they find their own housing. However, this is not mandatory, and if, for example, you move frequently, you can keep your “permanent residence” registered at your parents’ address for as long as you wish. This is because every change in permanent residence requires you to obtain new identification documents and notify various institutions of your change of address. Therefore, it’s better to avoid frequent changes to your permanent residence.

Renting and Permanent Residence

From the Tenant’s Perspective

You’ve rented an apartment and want to register your “permanent residence” there, but you’re not sure if you can. You’ll often come across rental listings where landlords prohibit registering permanent residence. However, this is illegal, and the landlord cannot prohibit you from registering your permanent residence at the rental property. To register your permanent residence, all you need is your lease agreement and an ID card or other form of identification.

The process is different in the case of a sublease. In this situation, you’ll need the property owner’s permission to register your permanent residence. Therefore, to change your permanent residence, you’ll need their officially certified written confirmation.

From the Landlord’s Perspective

Many landlords prohibit tenants from registering their permanent residence. However, they have no legal right to do so. A tenant can therefore register their permanent residence even if the lease clearly states that you prohibit it.

Is your landlord prohibiting you from registering your permanent residence? We’ll stand by your side andhelp you defend your rights.

Fortunately for you, we have good news. The law clearly states that“a citizen’s registration of permanent residence does not confer any rights to the property or its owner.” This means that your tenant cannot legally take any action regarding the property. Therefore, even if your tenant were to face debt enforcement proceedings, it would have no impact on you or your apartment or house. However, it is necessary to carefully draw up a handover report listing all the furnishings in the rented apartment. Thanks to this document, these furnishings will not be subject to debt collection.

From our legal practice, we know that a mere general statement such as “the apartment is rented furnished” is generally insufficient. The more precisely the handover report describes individual items—including their brand, condition, and, if applicable, serial number—the easier it is to prove who the furnishings actually belong to.

How to Change Your Permanent Residence

As we mentioned above, you cannot cancel your permanent residence on your own . It will only be canceled if you register your permanent residence elsewhere. But how do you do this correctly?

You’ll register your new permanent residence at the registration office, which is located at the city hall or municipal office. There, you’ll fill out a permanent residence registration form and pay an administrative fee. You will also need to present your ID card or another form of identification, as well as proof of your right to occupy the house or apartment ( e.g., a lease agreement). If you own the property, the office will usually verify your ownership itself in the land registry. To be on the safe side, however, it’s best to bring an extract from the land registry or the purchase agreement with you.

The registration office will issue you a confirmation of the change in your permanent residence. Your current ID card will expire 45 days after you report the change. You must apply for a new ID card no later than 60 days after the change of permanent residence; a standard replacement is free of charge. Therefore, do not delay your application, even though your old ID card does not become invalid immediately upon visiting the registration office.

If you change your permanent residence, you must notify various authorities. These include, in particular, your health insurance provider. If you are a registered taxpayer (you have been assigned a tax identification number), you must also report the change in permanent residence to the tax office. And if you are registered with the employment office, you must report the change there as well.

Disputes over permanent residence are often related to the termination of a lease, a failure to vacate an apartment, or an unclear lease agreement. Describe your situation to us, and an attorney will suggest specific next steps.

Summary

Permanent residence is a registered address, and a person does not necessarily have to actually live there. Every citizen may have only one permanent residence in the Czech Republic, which must be registered at a property designated for housing, lodging, or individual recreation. You can process the change in person at the registration office, where you will present an ID and a document proving your right to use the property; the fee is 50 CZK. The landlord cannot prohibit the tenant from registering, and the tenant does not acquire any rights to the property as a result. After the lease ends, the owner may request that the permanent residence registration be canceled; however, the owner must prove that the right of use has ceased and that the former tenant no longer actually uses the apartment. After changing your address, apply for a new ID card within 60 days at the latest and update your information with your health insurance provider and other institutions.