Commercial Late Fees & Interest in Slovakia (2026)

Legal Framework for Commercial Interest in Slovakia

The regulation of late payment interest in the Slovak Republic for business-to-business (B2B) transactions is primarily governed by Section 369a of the Commercial Code (Act No. 513/1991 Coll.), effective since January 1, 1992, and Government Regulation No. 21/2013 Z. z. This framework is a direct implementation of the EU Late Payment Directive and is designed to discourage payment delays and compensate creditors for liquidity costs. For the first half of 2026, the statutory interest rate for commercial delays is fixed at 10.15% per annum. This rate is indexed to the European Central Bank’s (ECB) main refinancing operations rate—which was maintained at 2.15% in early 2026—plus a 8 percentage point margin.

Variable vs. Fixed Rate Options

Slovak law provides creditors with two distinct methods for calculating statutory interest if the contract remains silent on the matter. The first is the variable rate, which is updated semi-annually on January 1st and July 1st. The second is the fixed rate, which is calculated as the ECB rate on the first day of the delay plus 9 percentage points (currently totaling 11.15% p.a.). This fixed rate remains constant for the entire duration of the delay for that specific debt, regardless of subsequent ECB policy changes. Choosing between these rates often depends on the landlord's long-term risk assessment and the anticipated duration of the tenant's default.

Mandatory Recovery Compensation and Payment Limits

Beyond the accrual of interest, landlords are entitled to a mandatory flat-rate compensation for recovery costs of €40 per invoice under Government Regulation No. 21/2013 Z. z. This compensation is a statutory right that applies automatically the moment a payment becomes overdue, shielding the landlord from the initial administrative burden of debt collection. It is critical for property managers to distinguish these commercial rates from the Slovak Civil Code (Section 517), which applies to non-business individuals (consumers). The civil statutory rate for 2026 is lower, set at 7.15% p.a. (ECB base + 5 percentage points). Furthermore, while parties have significant contractual freedom, any payment term exceeding 60 days in a B2B context must be explicitly agreed upon and must not be "grossly unfair" to the creditor, as such terms are vulnerable to judicial annulment by the District Court (Okresný súd).

Enforcement and Practical Application

To ensure full enforceability of these charges, landlords must clearly distinguish between "contractual penalties" (zmluvná pokuta) and "late payment interest" (úrok z omeškania). While contractual penalties require a written agreement and are subject to judicial moderation if deemed disproportionate, statutory late payment interest is an automatic legal consequence of the delay. Landlords are advised to issue formal "reminders of payment" (upomienka) that explicitly state the calculation of the accrued interest and the €40 lump sum to prevent any disputes regarding the clarity of the claim.

How Landager Helps

Landager's dashboard automatically calculates Slovak statutory interest based on the current ECB rates. Our system tracks whether a tenant is registered as a business or an individual, applying the correct 10.15% or 7.15% logic and automatically adding the €40 collection fee to late payment notices.

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