Government Order No. 308/2015 Coll. on Definition of the Terms “Ordinary Maintenance” and “Minor Repairs” Related to the Use of a Flat

With effect from: 1 January 2016 In accordance with Sec. 2257 (2) of the Civil Code the tenant performs and pays only for ordinary maintenance and minor repairs related to the use of a flat.

This arrangement cannot be changed even by the agreement of the parties (Sec. 2235 (1) of the Civil Code). On 26 October 2015, the Government accepted the proposal of the order which substitutes the former and already cancelled Government Order no. 258/1995 Coll. which specified the terms “ordinary maintenance” and “minor repairs” related to the use of a flat until the effectiveness of the New Civil Code.

The main difference of the new legislation is the increase of the upper limit of an expense on one minor repair to CZK 1000 (from the former CZK 500) and the increase of the annual limit of the total sum of expenses on minor repairs to CZK 100 / m2 (from the former CZK 70 / m2) for a calendar year. The definition of minor repairs was modified, too. In particular, repairs connected to technologies (e.g. repairs of audio-visual devices used for opening of the entrance door to the building) were added to the list of minor repairs.

According to the new Government Order, the ordinary maintenance means “maintenance and cleaning of the flat including its furnishings and fixtures which is performed usually while using the flat” (under the order it means, in particular, wall painting, restoration of plastering, wallpapering and cleaning of floors including coverings, wall panelling and cleaning of the clogged water waste up to the vertical distribution system). The general definition of other terms is similar as in the cancelled Government Order no. 258/1995 Coll.