Order of the Czech office of surveying and cadastral No. 163 / 2001 Coll.

Q: Is Order of the Czech office of surveying and cadastral No. 163 / 2001 Coll. still valid?

Yes, Order of the Czech office of surveying and cadastral No. 163 / 2001 Coll. is still valid and effective.

163

DECLARATION

Czech Geographic and Catastral Office

of 24 April 2001

amending Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.

The Czech office of surveyor and cadastral provides pursuant to § 17 of Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, and under § 30 (1) of Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral Act), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.:

Čl. I

Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Land Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., as amended by Decree No. 179 / 1998 Coll. and Decree No. 113 / 2000 Coll., is amended as follows:

1. In Paragraph 1 (1), the words ", specified allocation plans' shall be inserted after the words" geometric plans'.

2. in Article 1 (2), points (b) and (c) are deleted;

Point (d) shall be renumbered (b).

3. Paragraph 3 (9) reads as follows:

"(9) It is not permissible to combine parcels for which different data are recorded under § 9 (1) (a) to (d). '

4. In Paragraph 4 (2), the words "or a description of its location in the building, if not numbered, shall be deleted at the end of the paragraph '.

5. In Paragraph 5 (1), the last sentence is replaced by the sentence "Geometric determination with a minor mean coordinate error as set out in paragraph 12.15 of the Annex '.

6. in Section 7a (e), the words "or a description of the location of the unit in the building, if the units are not numbered, 'are deleted;

7. In Article 7a, at the end of point (i), the dot is replaced by a comma and the following point (j) is added:

"(j) a joint ownership interest in the common parts of the house which are jointly owned by all unit owners."

8.

„§ 8

Data on the owner of the property and other entitled under the law to be entered in the register

(1) The following data on the owner of the property (hereinafter referred to as "the owner ') and other legal persons registered in the register (hereinafter referred to as" other entitled') shall be recorded in the register:

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

(b) the name and address of the legal person or the name, surname and place of permanent residence of the natural person.

(2) Where a natural person has not been assigned a birth number, that figure shall be replaced by a six-digit birth date of the first six digits of the birth number.

(3) Where he is the owner or another authorised State, the identification number shall be registered with him only if it has been allocated to him; the registered office shall not be registered. ';

(9) footnotes 19), 20) and 21) shall be deleted;

10.

„§ 9

More details of the register

(1) The following rights and rights data relating to:

(a) property ownership and other property rights in kind (hereinafter referred to as "legal relations") and other property rights (hereinafter referred to as "other rights");

(b) notes, 22)

(c) restrictions on the transfer of real estate and other property rights and restrictions arising under previous rules;

(d) notice that registered legal relations and other rights are affected by the amendment (hereinafter referred to as "the seal"), 23)

(e) the indication of the granulated soil units (hereinafter referred to as BPEJ) to the parcels.

(2) In the case of property rights and other rights, the owner and the other entitled, the scope of the right (co-ownership interest, or the share in which other authorised other rights are exercised) and the instrument which was the basis for the registration of the right.

(3) In the case of a right corresponding to a substantive burden, the short content (description) of the right, the details of the property or entity burdened with the burden in kind, the details of the property or unit authorised under that right, or details of the authorised person, if the burden is established for the benefit of the person, the period for which the burden in kind has been agreed and the instrument which was the basis for the registration of the right. The right corresponding to the material burden shall be recorded in the register both for the property entitled to the material burden and for the property burdened with the material burden.

(4) In the case of a lien, a pledge (property, unit), the principal amount of the secured claim, or the share of the claim, expressed as a fraction, percentage or amount of the principal, the creditor's details, the owner (co-owner) of the property or unit, the period for which the right was agreed, and the instrument underlying the registration of the right shall be recorded in the register. Where a lien is established for a particular type of claim, the type of claims and their limit shall be recorded instead of the amount of principal secured by the claim. The entry of the lien on the property deed does not express the order of lien. In the case of a non-cash claim, this fact shall also be entered in the register. If the non-monetary claim has not been valued, the principal amount shall not be stated. Under-lien law shall be treated in a similar manner to lien.

(5) In the case of a right in rem, details of the property or unit encumbered shall be recorded in the register, details of the right in rem, details of the owner (co-owner) of the property or unit encumbered, the period for which the right was agreed and the instrument supporting the registration of the right.

(6) In the case of a note, the data relating to the property or unit or to the person to whom the note relates shall be recorded in the register and the instrument supporting the note.

(7) The seal is shown in the register for each property or unit concerned.

(8) The BPEI data on parcels should be recorded in the register for parcels of agricultural parcels marked as having a bearing on the owner. The BPEI data are a five-digit BPEJ code and the corresponding area of part of the parcel according to BPEJ, if more are involved in the parcel.

(9) The geometric and positioning determination of BPEJ is not the content of a set of geodetic information. The Catastral Office shall provide them as a basis for the preparation of geometrical plans and specified allocation plans. ';

11. in Article 13 (1) (a):

"(a) a digital cadastral map (hereinafter referred to as the" digital map ") with a geometrical and positional designation in S-JTSK and with an accuracy of the detailed measurement referred to in paragraph 12.6 or 12.14 of the Annex and the quality characteristics code of the detailed points 3 or 4, or containing digitised detailed points of the maps referred to in point (b), as described by the quality code 6 or 7. It may also contain digitised detailed points characterised by a quality code 8 if it has not been possible to determine more precisely the method of restoring the cadastral operator, '.

12. in Article 13 (1), point (c) is added at the end of "with the predominant code to the quality characteristics of the detailed points 5 or 8."

13. Paragraph 24 (2) is deleted.

Paragraph 3 shall become paragraph 2.

14. in Paragraph 25 (1), the following point (d) is inserted after point (c):

"(d) specified allocation plan (§ 74a),"

Points (d) and (e) shall be renumbered as points (e) and (f).

15. in Article 26, the dot at the end is replaced by a comma and the following point (e) is added:

"(e) a new calculation for the renewal of the cadastral operator by reprocessing."

16. Paragraph 29 (3) is deleted.

17. in Article 29a (2), "(k)" is replaced by "(l)";

18. in Article 29a (3), "§ 9 (2)" is replaced by "§ 9 (8) and (9)";

19. in Paragraph 33 (1) (h), the words "joint ownership" are replaced by the words "joint capital."

20. Footnote 48) reads:

"48) § 150 of Act No. 40 / 1964 Coll., as amended."

21. in Paragraph 33, the following points (i) to (k) are inserted after point (h):

"(i) agreements to change the specified extent of the joint ventures of spouses where they relate to a particular property or unit;

(j) agreements of all owners of units in the house to change ownership of units to joint ownership of the building, 51)

(k) the declaration by the owner of all units in the house of the cancellation of the definition of units in the house and the change of ownership of units to the property of the building. 51). "

Points (i) and (j) shall become points (l) and (m).

22. in Paragraph 33 (2):

"(2) The object of the deposit is also the declaration of the owner of the building. 51)."

footnote 52 is deleted;

23. Paragraph 36 (10) reads:

"(10) If the person whose right in kind arises, changes or ceases to exist, the Czech Republic shall be indicated in the lists for the entry into the register by the organisational component of the State or state organisation which was last responsible for the management of the property in question or by the Land Fund of the Czech Republic, which has the right of administration for the property in question. '

24. in Paragraph 36, paragraphs 13 to 16 are added, including footnotes (68b) and 68c):

"(13) The termination of the lien by the payment of a secured claim or by the composition of the price of the pledged case in favour of the bankruptcy substance 68b) shall be entered in the register on the basis of confirmation of the liquidator of the lien. Confirmation of the liquidator of the bankruptcy must be required for the confirmation of the termination of the right referred to in paragraph 7.

(14) Where the duration of the right is limited to the duration of a natural person's life, the removal of that right shall also be carried out on the basis of a declaration supported by a death certificate, a decision by the court to declare dead or confirm to the competent authority that the beneficiary is no longer alive.

(15) Where the duration of the right is limited to a certain period of time under the register registration, the right shall also be deleted on the basis of a declaration that the right registered in the register has expired over time.

(16) The registration of the acquisition of the property by a letter of credit in the court auction shall be registered on the basis of a resolution on the case supported by the court's confirmation of the payment of the property auctioned. (68c)

68b) § 27 paragraph 5 of Act No. 328 / 1991 Coll., as amended by Act No. 105 / 2000 Coll.

68c) § 336l of the Civil Code, as amended by Act No. 30 / 2000 Coll. '

Article 25 (58), (58a), (58b) and (58c), including the title and footnotes No 87d) and (87e), read:

"Restoration of the cadastral operator based on land modification results

§ 58

(1) The results of complex land modifications are used to restore the cadastral operator. 85a) The results of the simple land modification of the cadastral operator renewal office shall be used if a continuous part of the cadastral territory is affected by the simple land treatment and if the cadastral office considers it appropriate for the effective management of the cadastral site. The results of the related surveying activities must comply with the provisions of this Decree.

(2) In cases where the results referred to in paragraph 1 are to be used for the renewal of a cadastral operator, the cadastral office shall, within 30 days of receiving the notification of the initiation of the land modification procedure (85b), take account of the design of the land office and after discussing the conditions under which the land modification results for the restoration of the cadastral operator will be used. In particular, they shall determine:

(a) the procedure for the designation of new parcels with parcel numbers;

(b) Reference scale of the graphic file of the digital map of the renewed cadastral operator [§ 58c (l)].

(3) For the renewal of the cadastral operator referred to in paragraph 1, the provisions of Sections 48, 49 and 55 and Section 10 shall not apply in the perimeter of the land-based establishment 85c) and at its border. Paragraph 50 to 54 shall apply mutatis mutandis and the provisions of specific legislation shall apply. 86), 87)

(4) In the event that a cadastral operate outside the land treatment perimeter is renewed in the cadastral territory at the same time as the renewal referred to in paragraph 1, the cadastral office shall discuss with the land office the organisation of its own activities in such a way that the participating property owners are informed and invited to participate without undue prejudice to their time or cost.

(5) If the results are not used to restore the cadastral operator immediately (e.g. for their small territorial scope), a geometrical plan (§ 62 (1) (e) and § 69) or a specified allocation plan (§ 74a) shall be drawn up to indicate the result of land modifications in the cadastral operator. In that case, the provisions of § 58c (a) to (d) and (n) shall also apply.

§ 58a

In the circumference of land treatment by the cadastral office

(a) check the consistency of the data of the descriptive information set and the geodetic information set of the cadastral information within one year of notification of the date of commencement of the land modifications and the determination of their perimeter;

(b) after the commencement of the land-use adjustment, the Land Office designated by the descriptive and geodetic information of the cadastral for which deficiencies have been identified shall check within 30 days of their notification. The identified errors in the cadastral data shall be corrected by the cadastral office,

(c) forward to the Land Authority the documents necessary for the processing of the design of the land modifications;

(d) indicate in the register the opening of the land-use register 87a) in accordance with the list of parcels submitted by the Land Office;

(e) participate in the survey of the progress of the borders for land-based adjustment purposes as regards the boundaries of land-based land-based land-based land-based treatment and identify the procedure for the removal of identified discrepancies between land-based data and field status;

(f) at the request of the Land Authority, indicate in the register, in accordance with the geometrical plan submitted, the border of the parcel division of the land modification perimeter, unless that boundary is identical to the boundaries of the cadastral parcels;

(g) comment on the proposal to supplement the detailed position point field before setting the measuring marks;

(h) it shall enter in the register the approval of the design of land modifications on the basis of the final decision of the Land Office annexed to the list of parcels, 87b) and cancel the designation referred to in (d);

(i) cancel the designation referred to in point (h) after the final decision of the Land Office on the exchange or transfer of ownership rights or the establishment or removal of a material burden on the land concerned has been registered.

§ 58b

(1) The boundaries of the new land are defined and identified on the basis of an approved design of the land-use facility 87c) according to the needs of the owners. The accuracy of the setting shall be verified by independent control measurements and the result of the verification shall comply with the accuracy characteristics set out in point 12.6 of the Annex.

(2) The boundaries of the new parcels are displayed in the renewed geodetic information file with the map number 2.19 in accordance with point 9 of the Annex, even if their groundbreaking points are not marked and targeted in the land modification.

§ 58c

(1) The following results shall be transmitted to the cadastral office if the results of the land modification are to be used to restore the cadastral operator:

(a) a list of parcels entering land-based treatment;

(b) a final decision approving the land modification proposal;

(c) a final decision on the exchange or transfer of property rights or the establishment or abolition of a material burden on the land concerned;

(d) protocols for the detection of the boundary of the perimeter of land modifications, related sketches and inventories of real estate;

(e) geometrical plans and records of detailed measurements of the perimeter of the land treatment;

(f) the technical report or sub-technical reports according to the integrated stages of the activities, with a list of the parts transmitted;

(g) documentation of the establishment or addition of a detailed position point field containing:

1. the project, if it is processed separately,

2. records of point recovery and notification of defects and changes at existing position field points;

3. the list of coordinates,

4. a clear sketch,

5. measurement notebooks;

6. the calculation protocols, including the supporting documents necessary for assessing the accuracy of the results of the surveying activities;

7. geodetic data,

8. Confirmation of the establishment of the measuring marks returned,

9. Technical report, if it is processed separately,

(h) documentation of the new geometrical and position identification of the boundaries of the land and other elements of the cadastral map's half-book which contains:

1. measurement drawings,

2. an overview of the measurement drawings,

3. Notebooks for detailed measurements,

4. the calculation protocols, including the supporting documents necessary for assessing the accuracy of the results of the surveying activities;

(i) a list of the coordinates of the auxiliary and detailed points to the extent relevant for the renewal of the geodetic information file;

(j) documentation on the establishment of the boundaries of the land;

(k) geometric plans to indicate the material burden established for part of the parcel together with the corresponding documentation;

(l) a digital map and descriptive data on parcels according to an approved land modification design; such data shall be transmitted in an exchange format established by the Office;

(m) for new or changed parcels, BPEI data in an exchange format established by the Office;

(n) documents

1. changes to the boundaries of the cadastral territories;

2. changes in property protection data;

3. changes to the local nomenclature.

The results of the surveying activities used for the renewal of the cadastral operator on the basis of land-based modifications certified under the special legislation 87d) shall be transmitted to the cadastral authority by an officially authorised surveyor (the verifier) 87e to assess the eligibility of the cadastral take-over not later than 30 days before the decision on the exchange or transfer of ownership rights has been taken.

(2) A new set of geodetic and descriptive information, drawn up in accordance with the supporting documents referred to in paragraph 1, shall be introduced into the register without delay upon receipt of a final decision on the exchange or transfer of ownership rights or the establishment or abolition of a material burden on the land concerned.

87d) § 12 paragraph 1 (a) and § 2 of Act No. 200 / 1994 Coll.

87e) § 14 of Act No. 200 / 1994 Coll. '

(26) The heading of the ninth section reads: "GEOMETRIC PLAN AND GRANTED GRANTED PLAN."

27. in Article 62 (2), the words "or specified allocation plan (§ 74a)" shall be inserted after the word "plan."

28. In Article 69 (1), the word "contains" in point (e) shall be replaced by "records and also in cases where BPEI data are not registered in the current state of the cadastral office, but may be assigned to BPEI data from documents deposited with the cadastral office (Article 9 (9))."

29. In Section 71, the words "officially authorised surveying engineering 93) (" the verifier ')' are replaced by the words "verifier 'and footnote 93 are deleted.

30. The following Section 74a is inserted after Section 74:

„§ 74a

Specified allocation plan

(1) In territories with allocation operators in which the allocated real estate is not clearly identified, i.e. the land is not marked with a lot number according to the former land register or its area is not specified, or it is determined only approximately, the graphic allocation plan was based on a map of the former land register and the current cadastral map is drawn up on the same scale as a map of the former land register or is a map digitised in accordance with § 13 (1) (c), but the accuracy of the display of the border of the ration land does not reach the accuracy of the depiction of the cadastral map, or the map of the former land cadastral cadastral map and the individual cases or territory of a small scale and the adjoining land or parts of the field do not exist, may be used as a basis for displaying of the adjoining land in the cadastral map.

(2) The detailed allocation plan shall be drawn up using the operator of the allocation procedure and other supporting documents. Paragraph 65 applies to synergies in the preparation of the specified allocation plan. The use of the specified allocation plan and the timetable for processing shall be discussed by the cadastral office with the relevant land office, in particular in the light of the progress of the work under Section 7 of the Order.

(3) The updated allocation plan shall include the state of the cadastral parcels before and after the specified or reconstructed allocation. His formalities are

(a) the descriptive field;

(b) a graphical representation of the properties concerned before and after the specified or reconstructed allocation,

(c) a statement of the present and new state of data of the cadastral for graphic representation;

(d) a statement of the BPEI data on new stocks in the territories in which the cadastral records such data and also in cases where the BPEI data in the current state of the cadastral are not recorded but from the documents deposited with the cadastral office (§ 9 (9)), the BPEJ data of new stocks may be assigned;

(e) verification and confirmation of the specified allocation plan, mutatis mutandis, pursuant to Sections 71 and 72.

The description field of the specified allocation plan shall be drawn up in accordance with points 16.1 and 16.2 of the Annex, excluding points 16.2 (b) and (d). The graphical representation of the specified allocation plan shall be drawn up in a single colour (black) on an appropriate scale, ensuring the clarity of the drawing and the legibility of the description with the formal presentation referred to in points 16.4 and 16.5 of the Annex, except point (h), and points 16.6, 16.9 to 16.11 of the Annex. In the statement of the present and new status of the cadastral data, all newly-born parcels (or their set of the same acquirer) shall be assigned to the data according to the allocation operator or the designation of the allocation parcel according to the simplified register (Section 84 (1)), if different from the designation in the allocation operator. The BPEJ declaration for new-state parcels shall include the area of the parcel or part thereof according to the relevant BPEJ code.

(4) The detailed allocation plan and its annexes shall be drawn up on the Office's forms or in an automated manner, provided that the content is identical and adapted to the Office's forms. The forms shall be provided by the cadastral office to the contractor of the specified allocation plan. The model of the specified allocation plan is set out in point 18 of the Annex.

(5) Paragraph 69 (4) and (6) shall apply to the preparation of the specified allocation plan and its details.

(6) The contractor of the specified allocation plan shall submit the following Annex to the cadastral office for establishment:

(a) a record of the detailed measurement;

(b) the expression of the change in digital form or the indication of the limits of the allocation on the enclosed non-deductible colourless and translucent pad at the scale of the cadastral map, taking into account its collision;

(c) a technical report containing information on the documents used on the deviations achieved at the points used to display the allocation in the cadastral map.

(7) The record of the detailed measurement contains:

(a) a descriptive field with completed data according to the pre-print;

(b) a sketch;

(c) a record of the result of the calculation of plot (s);

(d) a list of the cartometric coordinates.

The sketch shall contain a diagram of the geometric basis, which shall be given by the points of the semi-hoof of the cadastral map used to display the allocation, the frame drawing with the indication of the sheets of the cadastral map, if the sketch is divided only for graphic maps, the sketch of the existing and new state of the half-book, the parquet numbers and map marks of the types of land, the mark of buildings and the length calculated from the cartometric coordinates or other related data of the contents of the cadastral. The sketch shall contain the particulars set out in points 17.3, 17.5, 17.9 of the Annex; the provisions of point 17.4 of the Annex shall apply mutatis mutandis. The list of cartometric coordinates shall contain the coordinates of the points of the geometric base and the points of the supplementary half-book of the cadastral map. The coordinates are given to two decimal places and are determined by cartometric digitisation or from raster sets of used materials after their transformation and vector processing during digital processing. Within a single record of a detailed measurement, points from 1 to 3999 are numbered. In the case of cadastral map points identified in the S- JTSK coordinates, the points numbers and their coordinates documented by the cadastral office may not be changed. ';

31st Section 12 is deleted.

32. in Paragraph 84 (2), "§ 57 (5)" is replaced by "§ 55 and 56."

33.Paragraph 84 (4) and the end of Paragraph 84 (5) read:

"(4) All parcels shall be added to the geodetic information file in accordance with paragraph 2 at the latest when the cadastral operator is restored by reprocessing, provided that the quality of the original plot display allows it. Otherwise, the registration referred to in paragraph 1 shall cease to exist if the cadastral operator is renewed by a new mapping or renewal carried out on the basis of the results of the land modification.

(5) The parcels in the territories with the allocation operator in which the allocated properties are clearly identified, i.e. the parcels are marked with the parcel numbers according to the former land register, their area, the basis for the graphic allocation plan was a map of the former land register, the accuracy of the display of the border of the allocation parcels in the graphic allocation plan achieves the accuracy of the depiction of the cadastral map, or the map of the former land register, or the boundary of the allocation parcels is determined by the refraction points of the map of the former land register and the limit of the allocation parcels or parts of the field do not exist, shall be added to the set of geodetic information in accordance with paragraph 2. "

34. The following Sections 86b, 86c and 86d are inserted after Section 86a:

„§ 86b

If a description of the location of the unit in the building is given for the unit instead of its number, this information shall remain kept in the register until the owner of the unit, after the numbering of the units in the building, announces its number to the cadastral office.

§ 86c

The map number 3.07 in accordance with point 9.4 of the Annex and the map number 12 in accordance with point 10.3 of the Annex shall be kept in the cadastral maps referred to in Section 13 (1) (b) until the cadastral operator has been restored in accordance with Section 7.

§ 86d

Minutes of conversion of certain rights of use

(1) The jurisdiction to manage the property of the State shall be registered for the benefit of the organizational units of the State pursuant to § 51 paragraph 1 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations (hereinafter referred to as the State Property Act), if they are accounting units, on the basis of the announcement of these organizational units of the State which must contain:

(a) the designation of the organisation of the State by its name, registered office and identification number;

(b) a statement that the organisational component of the State is an entity;

(c) the designation of a State organisation which, pursuant to Article 51 (1) of the State Property Act, has become an organisational body of the State referred to in (a), name, registered office and identification number,

Citation	Decree No. 190 / 1996 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended by Act No. 210 / 1993 Coll. and Act No. 90 / 1996 Coll., and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	09.05.2001
Effective from	01.06.2001
Effective until	-
Status	Valid

Contents