Till the end of 2013 default charge represented so called accessory right of debt as for instance an interest on late payment. In case of delay with a fulfilment of financial payment the creditor was entitled to require from debtor besides the fulfilment itself interests on late payment, if the Civil Code had not stipulated that the debtor is obliged to pay default charge. The default charge should have been paid by the flat-lesee if he had been in delay with payment of lease or so called “services”.

The New Civil Code (Act No. 89/2012 Coll.) does not regulate the default charge as an accessory right of debt any more. The default charge is newly regulated by the Act No. 67/2013 Coll, under which some topics related to providing of fulfilment connected with using of flats and non-residential premises in house with flats (providing of “services”) are regulated.

The default charge has to be newly paid not only be lesee – acceptor of services, but also by lessor – provider of services (in case of delay with overpayment return resulting from billing).  The default charge refers on flats as well as on non-residential premises in house with flats, nevertheless can be applied only with delay with payment of fulfilments connected with using of flat or non-residential premises (with payment of “services”), not with delay with payment of lease. In accordance with contemporary regulation it has to become a delay with financial fulfilment which exceeds 5 days from the due date.

The amount of default charge is 1 permillage form debt amount for each day of delay, nevertheless at least 10,- CZK for each even started month of delay.