Act No. 237 / 2020 Coll.
Act amending Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended, and other related laws
Valid
Effective from 01.01.2021
Text versions:
01.01.2021
12.05.2020
237
THE LAW
of 29 April 2020
amending Act No 151 / 1997 Coll., on the valuation of assets and amending certain laws (Law on the valuation of assets), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Asset Valuation Act
Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Act on the valuation of assets), as amended by Act No. 121 / 2000 Coll., Act No. 237 / 2004 Coll., Act No. 257 / 2004 Coll., Act No. 296 / 2007 Coll., Act No. 188 / 2011 Coll., Act No. 350 / 2012 Coll., Act No. 303 / 2013 Coll., Legislative measure No. 340 / 2013 Coll., Legislative Decree No. 344 / 2013 Coll., Act No. 228 / 2014 Coll., and Act No. 225 / 2017 Coll., are amended as follows:
1. In Article 2, the following paragraph 1 is added:
"(1) Save as otherwise provided in this law, assets and services shall be valued at the usual price. '
Paragraphs 1 to 5 shall be renumbered paragraphs 2 to 6.
2. In Paragraph 2 (2), the first sentence is deleted; in the last sentence, the word "goods' is replaced by the words" property or services'; and after the word "prices agreed 'the words" prices agreed' are inserted.
3. In Article 2, the following paragraphs 3 to 5 are inserted after paragraph 2:
"(3) In justified cases where the normal price cannot be determined, the assets and the service shall be valued at market value, unless otherwise provided in the specific legislation. All circumstances affecting the market value are considered. The reasons for not determining the normal price must be stated in the valuation.
(4) For the purposes of this Act, market value means the estimated amount at which the assets or services should be exchanged at the valuation date between the willing buyer and the willing seller, in the course of trade carried out in accordance with the principle of market separation, after appropriate marketing, where each party acted in an informed, prudent and not in distress. For the purposes of this Act, the principle of market separation means that exchange participants are persons who have no special relationship with each other and act independently of each other.
(5) The determination of the normal price and market value and the procedure for that determination must be apparent from the valuation, their use, including the data used, must be justified and correspond to the type of subject of the valuation, the purpose of the valuation and the availability of objective data available for the valuation. The decree sets out the details of the normal price and market value. '
Paragraphs 3 to 6 shall be renumbered paragraphs 6 to 9.
4. In Paragraph 2 (7), the words "or exceptional price 'are replaced by the words", exceptional price or market value'.
5. in Paragraph 9 (2) (a) (2), the words "where the maximum permissible building capacity of the land is determined by a special regulation, only the part corresponding to the permissible limit for construction shall be deleted."
6. In the second sentence of Article 10 (1), the words "or if the building plot cannot appreciate the price of the price map 'are inserted after the word" map'.
7. In the first sentence of Article 10 (3), the words "belonging to the same group according to the population; the group of municipalities shall provide for the decree 'shall be replaced by the words" the comparability of the municipality shall be assessed by population, location of the municipality, economic and administrative importance of the municipality, transport services of the municipality, technical infrastructure and civil amenities in the municipality'; in the third sentence, the words "the municipality shall be replaced by the words" the municipality 'and the last sentence shall be deleted.
8. in Paragraph 10, the following paragraph 5 is inserted after paragraph 4:
"(5) The decree sets out the documentation for the processing of the price map and the valuation procedure for construction parcels which are not valued on the price map or cannot be valued on the price map. '
Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.
9. In the third sentence of Paragraph 10 (7), "5 'is replaced by" 6'.
10. In Section 14 of the introductory part of the provision, the words "under this Act 'are inserted after the word" valuation' and the following point (c) is inserted after point (b):
"(c) rapidly growing timber,"
Points (c) and (d) shall be renumbered points (d) and (e).
11. In the title of Section 16, the words "rapidly growing trees" are inserted after the word "timber."
12. In the first sentence of Article 16 (1), the words "rapidly growing timber 'shall be inserted after the words" timber,'.
13.
Valuation of construction law
(1) The right of construction shall be valued in a profit-making manner on the basis of annual benefits, taking into account the period of continued use of the right, which shall elapse between the year of valuation and the year of termination of the right.
(2) An annual benefit shall be established for the evaluation of the right of construction with an unestablished construction that complies with the right of construction on the land encumbered by that law.
(3) For the evaluation of the right of construction with established construction which satisfies the right of construction, the annual benefit shall be determined on the basis of the determined price of the encumbered land and the determined price of the building which complies with the right of construction and the compensation for the termination of the right of construction.
(4) The decree shall determine the method of calculating the price of the right of construction, taking into account the number of years of continued duration of the right of construction, the determination of the annual benefit and the amount of compensation when the right of construction is terminated.
(5) The valuation referred to in paragraphs 2 and 3 shall not apply if the price of the construction right is determined by the decision of the competent authority.
Valuation of material burdens
(1) The burden in kind is valued on the basis of annual benefit, taking into account the duration or fixed amount of the burden, unless it is possible to determine the annual benefit from the burden in kind.
(2) For the service, the rate of limitation on the use of the property shall be taken into account in the annual benefit.
(3) In the case of a real burden, the annual benefit takes into account the benefit of the beneficiary.
(4) An unlimited real burden or right of redeemable service shall be valued at the amount of the compensation specified in the contract. If only the terms of the purchase of the real burden or the cancellation of the service are in the contract, the compensation shall be calculated in accordance with those conditions at the date of the valuation.
(5) The manner in which material burdens are to be broken down according to the calculation of their valuation, the procedure for calculating the cost of material burdens, the method of determining the annual benefit and the rate of capitalisation by type of material burden and the immovable property burden and the amount of the fixed amount shall be laid down by the Order.
(6) The valuation referred to in paragraphs 2 to 4 shall not apply if the price of the burden in kind is determined by a decision of the competent authority. ';
14. The following Section 16c is inserted after Section 16b:
Valuation of real estate defects
(1) Where the real estate is burdened by a material burden or by a right established otherwise than as a right corresponding to a material burden ("defect"), the price of the real estate is reduced by the value of the real estate price. The defect shall be valued on the basis of the amount of the price of the property owner's annual damage associated with that burden, taking into account its duration.
(2) For the purposes of this Act, a defect shall not be regarded as:
(a) a right which does not substantially restrict the right of ownership, use or benefit to the immovable property and does not have a significant influence on its price;
(b) lien;
(c) the right of detention;
(d) hire,
(e) pacht,
(f) the right of construction.
(3) The amount of the annual damage shall be determined as the difference between the amount of the annual benefit resulting from the real estate without the burden of the defect and the amount of the annual benefit from the real estate with the burden of the defect.
(4) The procedure laid down in Article 16b shall apply mutatis mutandis for determining the annual benefit of the owner of the immovable property and the method of calculating it. The procedure for assessing the defect, determining the rate of capitalisation by type of defect and encumbered real estate items shall be laid down in the Decree. ';
15. in Article 33 (1), the text "§ 3" is replaced by the text "§ 2" and "16a a" is deleted;
Amendment of the Act on Acceleration of Transport, Water, Energy and Electronic Communications Infrastructure
In Article 3b (2) of Act No. 416 / 2009 Coll., on speeding up the construction of transport, water and energy infrastructure and electronic communications infrastructure, as amended by Act No. 405 / 2012 Coll., Act No. 49 / 2016 Coll. and Act No. 169 / 2018 Coll., the sentence "If the price cannot be determined at the level of the usual price of the land or construction, the expert's assessment shall determine the price at the level of the determined price of the land or construction. In such a case, the expert's assessment shall include a justification for the impossibility of establishing a price equal to the normal price of the land or construction. ';
Amendment of the bond law
Act No. 190 / 2004 Coll., on bonds, as amended by Act No. 378 / 2005 Coll., Act No. 56 / 2006 Coll., Act No. 57 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 230 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 172 / 2012 Coll., Act No. 227 / 2013 Coll., Act No. 303 / 2013 Coll., Act No. 137 / 2014 Coll., Act No. 183 / 2017 Coll., Act No. 307 / 2018 Coll. and Act No. 277 / 2019 Coll., is amended as follows:
1. In Paragraph 29 (2) of the Introductory Part of the provision, the words "or market value 'shall be inserted after the word" usual'.
2. In Paragraph 29, the words "or market value 'shall be added at the end of the text of paragraph 3.
Amendment of the Consumer Credit Act
In the first sentence of Section 113 (3) of Act No 257 / 2016 Coll., on Consumer Credit, the words "or market value 'are inserted after the word" usual'.
EFFECTIVE
This Act shall take effect on 1 January 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 237 / 2020 Coll., amending Act No. 151 / 1997 Coll., on the Valuation of Assets and on the Amendment of Certain Laws (Law on Valuation of Assets), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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