Information for accommodation providers
- Definitions of terms
- Accommodation provider’s obligations - Accommodation log and reporting duty
- Written confirmation of accommodation issued to a foreigner
- Electronic confirmation of accommodation issued to a foreigner
- Rental agreement/consent with accommodation with a fixed duration?
- Erasing data concerning the foreign national’s registered address
Definitions of terms
An accommodation provider is understood to be anyone who provides accommodation for remuneration or who accommodates more than 5 foreign nationals, except in cases where the foreign national and the provider can be considered as being in a close relationship.
Accommodation is understood to be a relationship based on an accommodation agreement, a rental contract, a subletting contract or an agreement with a similar content.
In all cases, the accommodation building must have a house number or a registration number, if needs be the descriptive number, and it must be intended for habitation or recreation in accordance with the Building Act.
Accommodation provider’s obligations - Accommodation log and reporting duty
The accommodation provider is obliged to:
- immediately inform the Foreign police of the death of an accommodated foreign national,
- provide the police with access to places where the foreign national may be located if it concerns a place used for business or other economic activities, as long as this access does not infringe upon the foreign national’s right to privacy or his family life,
- inform the Foreign police about accommodating a foreign national,
- provide the foreign national with accommodation that is not clearly below the level of accommodation provided by other accommodation providers in similar buildings in the municipality, district or region. Comparing the level of accommodation is carried out by appraising the suitability of the number of people accommodated allowing for the hygiene conditions and floor space of the room for accommodation, which must be at least
- 8 m2, if one person is being accommodated,
- 12.6 m2, if two people are being accommodated; for every other person being accommodated 5 m2 of floor space is added,
- issue confirmation of accommodation upon request by the foreign national, giving the names, surnames, street, location and period of accommodation,
- keep an accommodation log and submit it to the police upon request; when a residence check is initiated, there is an obligation to submit the accommodation log containing data on the foreign nationals accommodated at the time.
The accommodation log is a document in which the accommodation provider enters the names and surnames of the foreign nationals being accommodated, their date of birth, nationality, travel document number and the start and end of accommodation. The accommodation log is kept in a written form - a digital form is unacceptable for control purposes. Entries must be clear and legible. These entries must be arranged in chronological order. The accommodation log is kept for 6 years after making the last entry. The personal data kept in an accommodation log can only be used in the manner specified by Act No. 256/1992 Coll., on the Protection of Personal Data in Information Systems (pdf, 255 kB).
The accommodation provider is obliged to report the accommodation of a foreign national within three working days of him/her being accommodated to the Foreign Police. This reporting requirement can be met by:
- submitting a completed registration form (available at the Foreign Police office), or
- by means of data carriers and telecommunications transfers, to the extent of the data contained in the accommodation log, if such a transfer is possible.
If the accommodation provider reports on accommodating a foreign national by means of data carriers, the registration form is kept for 6 years after the foreigner’s accommodation.
Please refer any inquiries to the Foreign Police and visit their website.
Written confirmation of accommodation issued to a foreigner
Electronic confirmation of accommodation issued to a foreigner
In case confirmation of accommodation described in the previous chapter as “Written confirmation of an owner or authorised user of a flat or house on consenting to a foreign national’s accommodation” is provided electronically, the confirmation must be signed (not solely in the email by which the confirmation was sent) by a secure electronic signature of the owner or the authorised user of the flat or house, which is based on an official certificate issued by an accredited provider of certification services, or without an electronic signature, but by means of a data box of the person who is the owner or authorised user of the flat or house. A confirmation delivered without a secure electronic signature by means of a data box must therefore always be delivered to the decision-making body using the data box of the person providing accommodation (the authorised person). The person providing accommodation (authorised person) can send a confirmation that has a secure electronic signature, but also the foreign national to whom it relates may do so. If the confirmation in electronic form with a secure electronic signature is provided to the foreign national on behalf of the person providing accommodation, the foreign national can also corroborate this confirmation when filing the application on a data carrier (e.g. flash disk). It is not necessary to have a notarised signature of the authorised person to meet the conditions given above for a confirmation of accommodation.
The only document the accommodation provider can send electronically is the confirmation of accommodation. Other documents confirming accommodation, such as rental agreements etc., must be provided in a paper form by the applicant.
If the foreign national’s application is filed at a regional branch of the MOI, the confirmation of accommodation can be submitted electronically to the MOI electronic mail room posta@mvcr.cz or by means of a data box to the MOI ID address 6bnaawp.
If the foreign national’s application is filed at an embassy, the confirmation of accommodation can be submitted electronically to the Ministry of Foreign Affairs electronic mail room epodatelna@mzv.cz or by means of a data box to the ID address e4xaaxh. The report must contain a precise specification of the embassy or consulate general where the application is to be filed. Without this the confirmation cannot be delivered.
The document must be sent to the embassy/consulate BEFORE filing the application (with sufficient time in advance).
The document must be sent to the embassy/consulate BEFORE filing the application (with sufficient time in advance).
It is possible to download a sample of the confirmation of accommodation here.
Rental agreement/consent with accommodation with a fixed duration?
The fact that a rental agreement/consent with accommodation was issued for a fixed period that has already ended does not mean that the registration of the accommodated foreigner at that address is automatically erased!
Therefore, if you issue a rental agreement or a consent with accommodation for a fixed period, and you do not wish for the foreigner to be registered at that address after the period ends, you must file a request for the foreigner’s registration at that address to be deleted – see following charter.
Erasing data concerning the foreign national’s registered address
At the petition of the owner or the person authorised to use the building or flat, the MOI deletes the data about the registered location of a foreign national’s residence, if the right to use the building, or the defined part, in which the foreign national is registered to be residing, is defunct and the foreign national is not using this building or its defined part. The petitioner is obliged to prove the existence of the given reason.
The petition is decided upon in an administrative proceeding in which both the accommodation provider and the foreign national participate.
The petition to delete the registered location of a foreign national’s residence is filed in accordance with the Administrative Code (e.g. in writing, personally or electronically with a certified electronic signature) at the MOI office according to the accommodation address.