When it became Decree No. 126 / 1993 Coll. effectiveness?

Decree No. 126 / 1993 Coll. became effective 28.04.1993.

Is Decree No. 126 / 1993 Coll. still valid?

Yes, Decree No. 126 / 1993 Coll. is still valid and effective.

Decree No. 126 / 1993 Coll.

Decree of the Czech Office of the Geographic and Catastrophe, implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, and Act of the Czech National Council No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law)

Valid Effective from 28.04.1993

§ 1 ODDÍL PRVNÍ § 2 § 3 § 4 ODDÍL DRUHÝ § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 ODDÍL TŘETÍ § 13 § 14 § 15 § 16 § 17 ODDÍL ČTVRTÝ § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 § 32 § 33 § 34 § 35 ODDÍL PÁTÝ § 36 § 37 § 38 § 39 § 40 § 41 § 42 § 43 § 44 ODDÍL ŠESTÝ § 45 § 46 § 47 § 48 § 49 § 50 § 51 § 52 § 53 § 54 ODDÍL SEDMÝ § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 ODDÍL OSMÝ § 65 § 66 § 67 ODDÍL DEVÁTÝ § 68 § 69 § 70 § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 ODDÍL DESÁTÝ § 81 § 82 § 83 § 84 ODDÍL JEDENÁCTÝ § 85 § 86 ODDÍL DVANÁCTÝ § 87 § 88 § 89 ODDÍL TŘINÁCTÝ § 90 § 91 § 92 § 93

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126

DECLARATION

Czech Geographic and Catastral Office

of 8 April 1993

implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights in kind, and Act No. 344 / 1992 Coll., on the cadastral law of the Czech Republic

The Czech office of surveying and cadastral according to § 17 of Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, and § 30 of the Act of the Czech National Council No. 344 / 1992 Coll., on the cadastral property register of the Czech Republic (cadastral law):

§ 1

Preliminary provisions

(1) This decree regulates the subject matter and content of the cadastral, the cadastral surgery, changes in the content of the cadastral, the procedure for the registration of property rights and other property rights, the activities of the cadastral management and the restoration of the cadastral operator, the geodetic work for the purposes of the cadastral, the geometrical plans and the establishment of property boundaries, the marking of land borders and the territorial boundaries of municipalities in a permanent manner, the provision of data from the cadastral and simplified method of registration of agricultural and forest parcels.

(2) For the purposes of this decree:

(a) the owner of the person who is entitled to dispose of the property as owner (1) or as other authorised under special regulations (2), (3)

(b) by the lessee who is entitled to use the land under special regulations, 4), 5)

(d) the courtyard area belonging to the construction and containing the yard, entrance, small construction7) and land of a kind other than the built-up area and courtyard, 8) which do not meet the conditions for the production of parcels pursuant to § 3 (5);

(e) the building lot of the land registered in the type of land of the built area and courtyard, 8)

(f) land parcel of land which is not a building parcel.

ODDÍL PRVNÍ

Subject matter of the register

§ 2

Catastral territory

(1) The border of the cadastral territory is situated along the border of the land. 9)

(2) Catastral territory shall be registered:

(a) in a set of descriptive information by its name and data enabling automated management of the cadastral and intermediate relations with the territorial breakdown of the Czech Republic,

(b) in a set of geodetic information by its perimeter marked with a map mark of the boundary of the cadastral territory or the relevant map mark of the border of the municipality, 10) a higher territorial unit or State, if the boundary of the cadastral territory or part thereof conforms to such a border.

§ 3

Land and parcels

(1) Land 9) is recorded in the geodetic information file and in the descriptive information file as parcels. 9)

(2) Agricultural and forestry parcels under the special regulation11) are registered in a simplified manner until the completion of the land treatment or their addition to the set of geodetic and descriptive information (§ 90).

(3) The characteristics of the types of land and the method of use and method of real estate protection are set out in Annex *) (points 1 to 3), which form an integral part of this Decree.

(4) All types of communication shall be recorded as parcels, except for pedestrian roads in parks and orchards [§ 5 (2) (1)] and a waterbed 12) at least 2 m wide. A water flow whose trough is less than 2 m is recorded in the geodetic information file by a map tag.

(5) The adjacent parcels of one owner shall be recorded separately in the register as parcels if their area is greater than:

(a) 100 m2 for gardens;

(b) 1000 m2 for other types of land, except built-up areas and courtyards.

The land below the area referred to in points (a) and (b) shall be combined with the adjacent land of the same owner in one parcel with the predominant type of land. The type of land referred to in point (b) may only be attached to the garden if this does not increase the area of the garden by more than 10%, and to the built-up area and courtyard, if the area does not increase by more than 300 m2. If these principles cannot be complied with, the parcel shall be registered as a parcel even if it is below the area referred to in points (a) and (b).

(6) For built-up areas and patios, it is registered as a parcel:

(a) the area built by the construction which has been assigned a descriptive or registration number, 13) together with the adjacent courtyard and other buildings of the same owner, if they form one functional unit;

(b) the area built up by grouped buildings for non-residential purposes to which neither the descriptive nor the registration number has been assigned, together with the adjacent courtyard of the same owner;

(c) the area built by construction, where the outer circumference of the construction is the property of the property or, as regards the construction, surrounded by the land of another species (garden, etc.) of the same owner, with the exception of small buildings. 7)

(7) The parcels in each cadastral territory are identified by Arabic numbers:

(a) in two numerical lines, separately for land and construction parcels; or

(b) in a single number, regardless of the type of land.

The fractional parquet number shall be composed of the stem number in the numerator and the subdivision number in the denominator.

(8) The parcels referred to in paragraph 2 which are not marked with the lot numbers in the previous land register shall be numbered in accordance with paragraph 7 before entry into the descriptive information file.

§ 4

Construction, flats and non-residential premises

(1) Construction (14) shall be recorded:

(a) in the set of descriptive information concerning the parcel (§ 7) on which the construction is located;

(b) in a set of geodetic information through the penetration of the outer circumference with the terrain or in the case of atypical structures by vertical projection of the outer circumference onto the terrain.

(2) Houses and non-residential premises such as property objects, 15) forming part of a registered building are to be recorded in a set of descriptive information by data relating to the registered building (§ 3 (6)). These data include information on the owner (§ 8) of the apartment or non-residential premises, the number of the apartment or non-residential premises and the naming of the non-residential premises, or a description of their location in the building if the apartments and non-residential spaces in the building are not numbered.

ODDÍL DRUHÝ

Content of the register

§ 5

Geometric and location identification of cadastral territories and real estate

(1) The cadastral territory and properties registered in the cadastrum 16) are determined in the cadastral area by geometrical and posture:

(a) by the numerical expression of the boundaries of the land and perimeter of the construction by the coordinates of their quarry points in the system of the Single Trigonometric Network of the cadastral 17) (hereinafter referred to as the binding abbreviation "S-JTSK"), or by the data for the automated display of the half-book of the digital cadastral map; or

(b) details of the record of the detailed measurement of changes, with possible calculation of coordinates of detail points in a coordinate system other than S-JTSK17) or just

(2) In the geodetic information file there are also geometrically and positally identified other elements of the half-book:

(a) the rail track axis outside the railway station and industrial plants;

(b) cableway cableway with public transport (rail axis for the ground cableway and support and the course of the suspension cable);

(d) bridge,

(e) the discharge and tunnel in the filling body of the communication, provided that the water flow or infrastructure is passed through it, registered as a parcel;

(f) the portal of the railway and road tunnels;

(g) the watercourse shore line and water tanks for water transport;

h) building object on the water stream or tank (dam, eat, lock, discharge),

(i) overhead lines of high and very high voltage including masts;

(j) masts of transmission and retranslation stations;

(k) a staircase near an important building in a public area or a staircase in non-mobile roads;

(l) communication for pedestrians in parks and orchards wider than 3 m;

m) Bell tower, monument, statue, monument, mothla, cross, divine torture and public well.

§ 6

Data on the cadastral territory

(1) The following data on the cadastral territory shall be recorded in the register:

(a) code number of the cadastral territory, 18)

(b) the name of the cadastral territory;

(d) the code number (18) and the name of the municipality in which the cadastral territory lies;

(e) the serial number of the municipality in the district and the serial number of the cadastral territory in the municipality (together with the code number of the district constitutes the full number of the cadastral territory in the cadastral territory),

(f) the code number and the name of the part of the municipality in which the works are separately numbered by descriptive or registered numbers;

(g) the jurisdiction of the tax office;

(h) the coordinates of the boundary point of the cadastral territory;

(i) the area of the cadastral territory.

(2) In the capital of Prague and in the territorial subdivisions of the statutory towns 20), in an agreement between the relevant cadastral authorities and the municipalities of the cities, the information on the municipality referred to in paragraph 1 (e) is replaced by the information on the urban district or the urban area, if the boundaries of the cadastral territory are identical to the boundaries of the urban district or part of the urban area. Exemptions from this provision are permitted on a proposal from the cadastral office by the Czech office of surveying and cadastral (hereinafter referred to as the Office).

§ 7

Parcel details

The following data on parcels are recorded in the register:

(a) jurisdiction in the cadastral territory;

(b) type of numbering of parcels (Annex 4);

(d) plot area;

(e) surface quality (Annex 5);

(f) type of land (Annex 1),

(g) use and protection of real estate (Annex 2 and 3);

(h) the descriptive number or registration number of the building;

(i) ownership (title number),

(j) jurisdiction of the lessee (registration number);

(k) a distinction between legal relationships (Annex 6);

(l) the designation of the cadastral map sheet;

(m) the competence of the building to a part of the municipality;

(n) the coordinates of the defined point of the parcel;

(o) reference to the item of the change report and to the record number of the detailed measurement of changes.

§ 8

Information on the owner, tenant and other creditor

The following information on the owner, tenant and other entitled persons shall be recorded in the register:

(a) jurisdiction in the cadastral territory;

(b) the number of the certificate of ownership (owner or other creditor),

(d) the co-owner's serial number;

(e) the identification number of the legal person or the natural person's birth number;

(f) the name and address of the legal person's registered office or the name and address of the natural person's permanent residence;

(g) joint ownership;

(h) a reference to the item in the statement of amendments.

§ 9

More details of the register

The following details shall be recorded in the register:

(a) additional information on property ownership expressing lien, lien, lien, pre-purchase as a right in kind, material burdens, restrictions on the transfer of real estate and restrictions still in force under previous rules;

(b) notes, 21)

(d) the name and description of the location of the underground construction, the owner of which is different from the owner of the land under which the construction is located;

(e) references expressing the relationship between property rights registered with different owners and other beneficiaries;

(f) notice that registered legal relations are affected by the amendment (seal), 22)

(g) a reference to the entry in the register of the statement of amendments and the instrument under which the legal relations were entered.

§ 10

Catalogue interconnection with information systems

(1) The link between the cadastral data and other information systems shall be provided by identifiers which are:

(a) the county code number,

(b) the municipality code number,

(d) the code number of the cadastral territory;

(e) the identification number of the legal person;

(f) the natural person's birth number;

(g) the customs number,

(h) the descriptive number or registration number of the building.

(2) The identifiers referred to in points (g) and (h) of paragraph 1 clearly identify the parcel only in conjunction with the code number of the cadastral territory and construction in conjunction with the code number of part of the municipality.

(3) The link between the cadastral and other information systems shall also be ensured through the coordinates of the cadastral or parcel demarcation points, unless the provisions of paragraph 1 can be applied.

§ 11

Detailed position point field

(1) Geodetic data on the points of the detailed position point field are kept in the register. 23)

(2) The contents and formalities of geodetic data on thickening points and other points of the detailed position point field are set out in Annex 7 and 8.

§ 12

Local and local nomenclature

(1) The following shall be kept in the register:

(a) the names of the local authorities, parts of municipalities and cadastral territories;

(b) local names of land lines (land or land grouping outside the built-up territory).

(2) The renewed cadastral operator (24) also contains:

(a) in the relevant sheets of the cadastral map, the standardised version of the name of the neighbouring State;

(b) the names of the public spaces (streets, squares, parks),

c) names of watercourses and water areas in standardized version according to the last edition of the Basic Map of the Czech Republic 1: 10 000.

ODDÍL TŘETÍ

Catastral surgery

§ 13

Geodetic information set

(1) Catastral map 9) is part of the basic state map work of a large scale and contains points of the point field, half-book and description. The hammer, dimensions and marking of map sheets of the cadastral map in S-JTSK is given in Annex 9.

(2) The contents of the cadastral map in S-JTSK shall be characterised by the standardised map signs referred to in Annex 10 and in the other cadastral maps referred to in Annex 11.

(3) The content of the point field shall be all permanently stabilised and permanently signalled position and height points, including associated points for trigonometric and compaction points.

(4) The subject of the half-book is the boundaries of the cadastral territories and municipalities, the boundaries of the protected territories and protection zones, and the geometrical and location identification of the registered properties with a distinction in the field of the undetectable boundaries of agricultural and forest parcels (§ 90), and the geometric and position identification of other elements of the half-book.

(5) The description of the cadastral map consists of:

(a) within the map frame, the number of the points of the position point field, the numbers of the border signs at the national border, the local and local nomenclature and the indication of the parcels by the partyte numbers and map marks;

(b) outside the map frame (extra-frame data) the main name of the Catastral Map, the minor name of the Basic Map of the Czech Republic, the designation of the map sheet and its location in the administrative breakdown of the state, the data on the coordinate system, the scale, the marking of the adjacent map sheets, data on the creation of the cadastral map, tiradium data, boundary sketches and the protection of rights notice (§ 89 (1)).

(6) The content of a cadastral map drawn up in accordance with earlier legislation25) may be different from the provisions of paragraphs 2 to 5 until the cadastral operator has been restored; 24) the following shall be indicated before the first revision of the data of the register:

(a) a map drawn up in S-JTSK with a numerical expression of the boundaries of the land and the building districts [§ 5 (1) (a)] by the principal and secondary names referred to in paragraph 5 (b);

(b) other maps by their main name only.

(7) Other elements of the cadastral map semi-hovels which exceed the provisions of Section 5 (2) shall be left on the cadastral map until the revision of the cadastral data indicates a change in their geometric and position determination or until the numerical expression of the cadastral map half-hovels as referred to in Section 5 (1) (a).

(8) In the cadastral territories established by the cadastral authority (26), a numerical expression of the contents of the cadastral map (§ 5 (1) (a)) is maintained on the computer memory medium and contains data for the automated display of the digital cadastral map or at least a list of coordinates of the points of the detailed position point field and the detailed points of the cadastral map's half-book, accompanied by an overview of the numbers of those points.

(9) The geometrical and positional determinations shall distinguish the detailed shapes (outputs) of the cadastral map's half-life if the length of the straight-line of the refraction points at the property border reaches at least 0,10 m and in other cases 0,20 m. For displaying these shapes, the criterion 0,2 mm on the map applies.

(10) The real estate of the Ministry of Defence, the Ministry of Interior and the Ministry of Justice are displayed in the cadastral map in agreement with these authorities.

§ 14

Descriptive information set

(1) The descriptive information file contains the data referred to in Sections 6 to 9 and is conducted on a computer storage medium.

(2) Basic outputs are created from the descriptive information file:

(a) a list of owners, tenants and others authorised by their numbers;

(b) an alphabetical register of owners, tenants and other beneficiaries;

(d) a list of parcels by owner (co-owner) and other eligible with data on real estate legal relations (title of ownership);

(e) list of parcels by tenants (registration sheet),

(f) a list of buildings with descriptive numbers and buildings with registration numbers.

(3) The data on parcels referred to in Article 3 (2) and more detailed data on legal relations referred to in Article 9 recorded so far only on a hand-led sheet of ownership are gradually converted into computer storage media.

(4) After all the information referred to in paragraph 3 has been transferred to a set of descriptive information, hand-held property sheets shall be stored as archives after the time limit has expired. 27)

§ 15

Summary summaries of the Land Fund from the cadastral data

A summary statement shall be drawn up from the register on the date specified:

(a) aggregate outputs from the descriptive information file;

(b) analysis of changes in the soil fund.

Summary outputs from the descriptive information file and the analysis of changes are issued by the Office in agreement with the relevant central government bodies.

§ 16

Documentation of survey results and measurements for the management and recovery of a set of geodetic information

(1) The documentation shall consist of the results of activities in the detailed position field, in the identification of the progress of the borders and in the detailed measurement and in the discussion of local and local names, organised by cadastral territory.

(2) Documentation of the results of activities in the detailed position field shall include:

(a) an overview of the network of fixed points of the detailed position field and its development;

(b) geodetic data on the points of the detailed position point field;

(c) a technical report on the accuracy of the determination of the established points of the detailed position point field.

(3) The documentation of the results of the activities in determining the progress of the border and the detailed measurement shall include:

(a) documents showing the progress of the land border and the opposition management of the restoration of the cadastral operator;

(b) an overview of the records of the detailed measurement of changes;

(c) records of detailed measurement of changes with the original of the geometrical plan, including drawings and geometrical plans drawn up in accordance with previous rules;

(d) drawings and notebooks for the renewal of a set of geodetic information and for the renewal of a metering operator of real estate records according to previous regulations;

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Regulation Information

Citation	Decree No. 126 / 1993 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights in kind, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	28.04.1993
Effective from	28.04.1993
Effective until	-
Status	Valid

The regulation text is for informational purposes only.