What is Act No. 256 / 2013 Coll.?

Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral law) — Real estate cadastral law.

When it became Act No. 256 / 2013 Coll. effectiveness?

Act No. 256 / 2013 Coll. became effective 01.01.2014.

Is Act No. 256 / 2013 Coll. still valid?

Yes, Act No. 256 / 2013 Coll. is still valid and effective.

How many times was it Act No. 256 / 2013 Coll. amended?

Act No. 256 / 2013 Coll. has 17 time versions of the text.

Act No. 256 / 2013 Coll. - Real estate cadastral law

256

THE LAW

of 8 August 2013

on the cadastral property (cadastral law)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Real estate cadastre

(1) The real estate register (hereinafter referred to as "the register") is a public list containing a set of real estate data (hereinafter referred to as "real estate"), as defined by this Act, including their inventory, description, their geometric and localisation and the registration of the rights to such real estate.

(2) The Catastrophe is a source of information to serve

(a) for the protection of property rights, for the purposes of taxes, fees and other similar cash transactions, for the protection of the environment, for the protection of mineral assets, for the protection of the interests of state conservation, for the development of territory, for the valuation of real estate, for the purposes of scientific, economic and statistical;

(b) the creation of other information systems for the purposes referred to in (a).

§ 2

Definition of terms

For the purposes of this Act:

(a) the land part of the ground, separated from the neighbouring parts by the boundary of the territorial unit or the boundary of the cadastral territory, the boundary of ownership, the boundary of the regulatory plan, the zoning decision, the common permit by which the construction is located and authorised, the public contract replacing the territorial decision, the territorial agreement or the limit given by the approval of the proposed project by the construction office, the limit of the scope of the lien law, the limit of the construction law, the limit of the land types or, where applicable, the interface of the use of the land,

(b) a parcel of land which is geometrically and positally designated, shown in the cadastral map and marked with a parcustoms number;

(c) the building parcel of the land registered in the type of land built area and courtyard;

(d) land parcel of land which is not a building parcel;

(e) by the geometrical identification of the property and the cadastral territory, the shape and size of the property and the cadastral territory, defined by their boundaries in the display plane;

(f) the location of the property and the cadastral territory of their location in relation to other properties and cadastral territories;

(g) the area of the parcel by expressing the area of the projection of the plot into the display plane in the metric units; the size of the area results from a geometric determination of the plot and rounded to the nearest square metre; the area of the parcel is registered with the precision of the methods by which it has been established, without prejudice to the rights of the parcel,

(h) a technical unit in the cadastral territory, comprising a closed and jointly registered set of properties;

(i) by a cadastral map, a map of a large scale showing all the land covered by the cadastral, cadastral territory and other elements of the half-book; the land is displayed in the cadastral map by the projection of its borders into the display plane, marked with the parking numbers and marks of the types of land,

(j) a geometric plan of the technical basis for drawing up the documents on the basis of which changes are to take place in the geodetic information file and in the descriptive information file;

(k) by identifying lots, a comparison of the registration and drawing of the same property in the cadastral operator with the registration or, where applicable, the drawing in other operators or final decisions of the public authorities or the cadastral operator with the status at a given date;

(l) an above-ground building connected with the ground with a solid foundation, which is concentrated in space and largely enclosed on the outside by the perimeter walls and roof structures;

(m) small construction of a building with one above-ground floor, if its built-up area does not exceed 16 m2 and a height of 4,5 m, which performs an additional function for the construction of the main, and construction of the buildings intended to perform the functions of the forest, for the purpose of ensuring the operation of forest nurseries or for hunting, provided that its built-up area does not exceed 30 m2 and a height of 5 m; the construction of a garage, a warehouse of combustible materials and explosives, civil protection, fire protection, construction of the uranium industry and nuclear equipment, storage and landfill of hazardous waste and construction of a waterworks is not regarded as a small construction.

§ 3

Subject matter of registration

1.

(a) parcels;

(b) buildings assigned a descriptive or registered number if they are not part of the property or the right of construction;

(c) buildings which are not assigned a descriptive or registered number if they are not part of the property or the right of construction, are the main building on the property and are not small buildings;

(d) units defined under the Civil Code;

(e) the units defined in accordance with Act No. 72 / 1994 Coll., which regulate certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and supplement certain laws (the Housing Act), as amended,

(f) the right of construction;

(g) real estate covered by other legislation.

(2) The land shall be broken down by species into arable land, hops, vineyards, gardens, fruit orchards, permanent grassland, forest land, water areas, built areas and courtyard and other areas. Arable land, hops, vineyards, gardens, fruit orchards and permanent grassland are agricultural parcels.

(3) The rights and other facts laid down by law shall be entered in the registered real estate.

(4) Real estate in the cadastral register shall be recorded according to the cadastral territory.

(5) Real estate relevant to State defence and security is displayed in the cadastral map and rights are recorded in the cadastral map according to the data provided by the Ministry of Defence, the Ministry of Interior for the buildings of the Ministry of Interior and the organizational bodies of the State, which are part of the Czech Police or Fire Rescue Service or the Security Information Service. The records of these properties corresponding to the actual situation shall be kept by the relevant data provider in accordance with the first sentence.

§ 4

Content of the register

(1) The catastrophe contains:

(a) geometrical identification and location of real estate and cadastral territories;

(b) the types of land, plot numbers and area, the details of the buildings to which the descriptive or registered number is assigned, including the building numbers, the data of buildings not assigned by the descriptive or registered number, provided that the main construction is on the plot, in the absence of small buildings, the selected data on the method of protection and use of the property and the unit numbers,

(c) price data, tax data and data enabling interconnection with other information systems related to the contents of the register;

(d) for registered buildings, an indication of whether the building is temporary;

(e) data on rights, including data on owners and data on other rights to be entered in the register (hereinafter referred to as "other authorised"),

(f) an alert relating to real estate, where other legislation provides for an obligation to mark them in the register or are necessary for the management of the register,

(g) the full text of the declaration on the division of the right to the house and the property into the property right to the units (hereinafter referred to as the "declaration of the owner of the house"),

(h) joint-ownership agreements for the management of real estate;

(i) details of points of detailed position points;

(j) local and local nomenclature.

(2) A natural person is hereby entered in the register

(a) the name and, where applicable, the names and surnames,

(b) the birth number and, if not, the date of birth,

(c) the address of the place of permanent residence and, if not, the address of residence.

(3) A legal person is hereby entered in the register

(a) name or business name,

(b) the identification number of the person or any other similar identifier, if assigned;

(c) a seat.

§ 5

Catastral surgery

(1) The contents of the register are arranged in cadastral operators by cadastral territory.

(2) Catastral surgery is composed of:

(a) a set of geodetic information covering the cadastral map and its numerical expression;

(b) a set of descriptive information covering the data referred to in Article 4 (1) (b) to (f);

(c) documentation of survey and measurement results for the management and renewal of a set of geodetic information, including local and local nomenclature;

(d) a collection of documents containing decisions of public authorities, contracts and other documents on which registration in the register has been carried out, the full wording of the declaration of the owner of the house and the co-owners' agreement on the management of the property,

(e) protocols on deposits, records, notes, other entries, bug fixes, objections to a renewed cadastral operator, the results of the revision of the register and the records for further proceedings.

ČÁST DRUHÁ

_

Basic provisions

§ 6

Entries concerning rights shall be made in the register by deposit, record or note. The deposit is the entry into the register of rights in rem, rights negotiated as rights in rem, rent and deed. The record is a registry entry which records rights derived from property rights. A note is the entry in the register recording relevant information concerning registered real estate or the register of registered owners and other authorised entities.

§ 7

(1) The entries of rights in the register shall be made on the basis of documentary or electronic documents (hereinafter referred to as "the Charter"). Where the instrument is drawn up in electronic form, it shall also bear a qualified electronic time stamp. If the instrument is signed electronically by electronic signature, a recognised electronic signature shall be used to sign it. Where an electronic seal is sealed, a recognised electronic seal shall be used for sealing.

(2) If the signatures on the private charter are not officially verified, the person proposing the registration must prove their authenticity. If the authenticity of the signatures is not demonstrated within 30 days of the submission of the application for registration, the cadastral office shall suspend or return the document submitted for registration by recording or noting to the person who submitted the document.

(3) If the right to be entered in the register on the basis of the instrument is limited to a part of the land registered in the register, a geometric plan defining the part of the land must be linked to the instrument. The Geometric Plan shall be considered as part of the Charter.

§ 8

In the instruments for the registration of rights in the register, the property must bear the data of the register, namely:

(a) land with a parcustoms number indicating the name of the cadastral territory in which it is situated and, where the land is kept in two numerical rows in the cadastral territory and is a building plot, also an indication of that fact, otherwise it shall be considered as land parcel;

(b) a parcel which is registered in a simplified manner, with a parcustoms number according to the previous land register, indicating whether it is a land register number, an allocation operator, a customs office or a real estate register, indicating the name of the cadastral territory in which it is situated and the name of the original cadastral territory where the land has been affected by a change in the boundary of the cadastral territory;

(c) a building which is not part of the property or the right of construction, an indication of the land on which it is built, the number of the building's descriptive or registered and its competence to a part of the municipality, provided that the name of the part of the municipality is different from that of the cadastral territory in which the land on which the building is built is situated;

(d) a building which is not part of the land or the right of construction and is not assigned a descriptive number or registration number, is the main building on the land and is not a small building, the designation of the land on which it is built and the method of use;

(e) the unit by means of the designation of the building in which it is defined, if it is not part of the property or the right of the building or the right of the building in which it is defined, the number of the unit and its designation;

(f) a built-up unit means the building in which it is defined, if it is not part of the property or the right of construction, or the land or the right of construction, the building in which it is defined, the number of the unit and the indication that it is a built-up unit;

(g) the right of construction by the name of the parcel to which it is established;

(h) real estate registered in the register under another law by identifying the land on which it is built and how it is used.

§ 9

(1) If a proposal or other instrument for the registration of rights in the register is reached to the cadastral office, it shall indicate, for the properties concerned at the latest on the following working day, that the rights are affected by the amendment. Everyone has the right to consult the list of proposals or documents received.

(2) The order of registration of rights in the register shall be governed, unless otherwise provided by the law, by the time at which the application for registration in the register was delivered to the Registry Office. Paragraph 145 of the Rules of Procedure shall apply mutatis mutandis to the procedure of the cadastral office for the registration of rights in the cadastral register, except in paragraph 2, third and fourth sentences.

§ 10

The legal effects of the registration shall take place at the time when the application for registration has reached the competent cadastral office.

Deposit

§ 11

(1) The creation, amendment, termination, limitation and recognition of the existence or absence of the following rights shall be entered in the register:

(a) title,

(b) the right of construction;

(c) the burden in kind;

(d) lien;

(e) future lien;

(f) the lien,

(g) the right to pre-purchase;

(h) future exchanges;

(i) additional ownership;

(j) the management of the Trust Fund;

(k) reservation of title;

(l) reservation of the buy-back right;

(m) reservation of the resale right;

(n) prohibition of disposal or loading;

(o) reservation of the right of a better buyer;

(p) the purchase agreement for the test;

(q) the lease, if requested by the owner or the lessee with the consent of the owner,

(r) a pacht, if the owner or the smuggler so requests, with the consent of the owner;

(s) waiving the right to compensation on the property.

(2) The deposit shall also include the division of property rights into units.

§ 12

The deposit may be made on the basis of a final decision by the cadastral office on its authorisation.

§ 13

The party to the deposit authorisation procedure (hereinafter referred to as the "deposit procedure ') shall be the one whose right arises, is amended or extended and whose right ceases to exist, is amended or restricted.

§ 14

(1) The application for the opening of the deposit procedure shall be made on a specified form and shall contain:

(a) the designation of the cadastral office to which the proposal is addressed;

(b) the names of the participants in the holding procedure, in the case of natural persons, on behalf, where applicable, of the name and surname, address of the place of permanent residence or foreign residence abroad, the birth number, or, if not allocated, the date of birth, and state citizenship; for legal persons, the name, registered office and identification number, if assigned;

(c) the identification of the property and the rights to be entered or deleted from the register;

(d) the signature of the applicant.

(2) The deposit procedure shall also be initiated where the court or court executive concerned has taken his decision or a certificate of the right entered in the register by a deposit.

§ 15

(1) The annex to the proposal to initiate the deposit procedure is:

(a) the instrument on the basis of which the right is to be entered in the register (hereinafter referred to as the "deposit instrument");

(b) a power of attorney with the official signature of the principal, if the party to the holding procedure is represented by an agent; where the deposit is made on the basis of an authentic instrument and the agent is the person who has drawn up the authentic instrument, the signature of the principal need not be officially verified,

(c) an extract from a commercial or other legal register where a legal person is a participant in the holding proceedings and the extract cannot be obtained free of charge by remote access in the Czech language; the extract is not required if the deposit note is a public instrument;

(d) other documents, where their need arises from other legal provisions, such as the consent of the competent public authority to divide or stopover the land or the consent of the competent public authority to act as a party to the deposit procedure.

(2) If the application is not accompanied by a deposit note, the submitted application shall not be taken into account. The Authority shall inform the appellant of the non-consideration of the proposal.

(3) If the decision or certificate referred to in Article 14 (2) does not contain all the information to be entered in the register, the cadastral office shall invite the parties to complete the application. If the parties do not complete them within 14 days of receipt of the invitation, the cadastral office shall suspend the deposit procedure.

§ 16

(1) The cadastral office shall, no later than the day following the change, inform the owner of the property and any other authorised transmission of the information to the address referred to in Article 14 (1) (b) or via a data box, of the indication that the legal circumstances are affected by the change; if requested, the cadastral office shall also electronically inform the owner of the e-mail address or mobile phone message. It shall inform the participants of the deposit proceedings which have a registry change monitoring service established through that service.

(2) If the applicant withdraws the application for a deposit, the deposit procedure shall be terminated only if all participants in the deposit procedure agree.

(3) If the applicant reduces the application for a deposit, the narrowed proposal shall be decided only if all the participants in the deposit procedure agree. Otherwise, the original proposal shall be decided upon.

§ 17

(1) In the deposit procedure, the cadastral office examines the deposit note, which is a private instrument, whether:

(a) it fulfils the requirements of the instrument of registration in the register;

(b) its content justifies the proposed deposit;

(c) the legal proceedings are carried out in the prescribed form,

(d) the participant in the holding procedure is not restricted by the law in the authorisation to dispose of real estate;

(e) consent has been given to the legal proceedings of a party to the deposit procedure under another law;

(f) the contents of the Charter and its comparison with the previous entries in the register do not show any reason for which the legal proceedings would be void, in particular whether the current entries in the register do not indicate that the participants in the holding proceedings are not entitled to treat the subject-matter of the legal proceedings, are not limited to the decision of the court or other public authority in the contractual freedom relating to the case which is the subject-matter of the legal proceedings;

(g) the proposed deposit follows the entries in the register; from that point of view, it shall not be impossible to allow a deposit where the logical gap between the entry in the register and the proposed deposit according to the deposit note is demonstrated by the appellant at the same time as the application for deposit by the instruments which the continuation of the deposit note to the previous entries in the register will complement; However, such instruments shall have the formalities for the instruments of deposit.

(2) If the deposit note is a public instrument, the cadastral office shall examine whether:

(a) it fulfils the requirements of the instrument of registration in the register;

(b) its content justifies the proposed deposit;

(c) the proposed deposit follows the entries in the register; paragraph 1 (g) shall apply mutatis mutandis.

(3) In the case of a public instrument relating to legal proceedings, the cadastral office shall also examine whether, at the time of the submission of the application for a deposit, there was no registration in the register indicating that, at the time of the submission of the application for a deposit, the participant in the holding procedure is restricted in the handling of the case under legal proceedings.

(4) If a court ruling is taken, the cadastral office shall examine the fulfilment of the conditions only under paragraph 2 (a) and also whether the decision is binding on persons for whom the right is still registered in the register.

(5) The facts referred to in paragraphs 1 to 4 shall be reviewed by the cadastral office on the basis of the documents submitted by the participants, or by the court or by the court or by the executor for the deposit proceedings, on the basis of the historical entries in the register and on the basis of data from the basic registers, the population information system and the external intelligence system, and on the basis of further information provided by the property owner and other participants in the deposit proceedings after receiving from the cadastral office the information referred to in Article 16 (1). These facts are examined by the cadastral office according to the situation at the time of the deposit application.

§ 18

(1) If the conditions for authorising the deposit are fulfilled, the cadastral office shall authorise the deposit, but not earlier than 20 days after the date of dispatch, the information referred to in Article 16 (1). Otherwise, or even if the application has lost its legal effects before the decision to authorise the deposit, the application shall be rejected.

(2) Where the decision authorising the deposit is fully granted, the decision shall not be drawn up in writing. The entry in the file of the decision authorising the transfer of the right shall confer legal authority.

(3) In the event that the deposit has been authorised and made, the cadastral office shall send to the participants of the deposit procedure an explanation of which deposit has been made and remove the deposit note from the file and establish it in a collection of documents. Where a participant whose rights to real estate cease or are restricted under registration is represented by an agent in the holding procedure, he shall be informed of the transfer made by the cadastral office not only through the agent but also directly.

(4) No appeal, review procedure, renewal of proceedings or action under the provisions of the Civil Code on proceedings in matters decided by another institution shall be admissible against the decision authorising the deposit.

(5) No appeal, review or renewal shall be admissible against a decision refusing the deposit; an action is admissible in accordance with the provisions of the Civil Rules of Procedure relating to cases which have been decided by another institution which must be brought within 30 days of the date of service of the decision.

(6) A further deposit procedure relating to the same property as the decision to refuse the deposit shall be suspended for the period prescribed for the bringing of the action pursuant to paragraph 5 and, where the action is brought, until the date on which the final judgment of the court in the case of the deposit is served at the competent cadastral office.

(7) Where another deposit procedure relating to the same property as the decision to refuse the deposit is initiated after the decision refusing the deposit has been taken, the proceedings shall be suspended by order with effect from the date on which the application for the deposit was received to the competent cadastral office by the date on which the final judgment of the court on the deposit is served to that cadastral office.

Record

§ 19

Log into the register

(a) the jurisdiction of the State's organisational units and state organisations to manage the State's assets;

(b) the right to manage State property;

(c) State-owned real estate management;

d) property of the capital of Prague entrusted to the city parts of the capital of Prague,

(e) property of a statutory city entrusted to urban districts or parts of statutory cities;

(f) property owned by a local authority transferred to the organisational body for the management of its own economic use;

(g) property owned by a local authority which has been transferred to an economic contribution organisation.

§ 20

(1) An application for an alert may be made by any person who has a legal interest in its execution, by a public authority or by a local authority which has decided or certified the right recorded by the alert.

(2) An application for an alert must be accompanied by a document proving the right to be registered.

§ 21

(1) The Catastral Office will determine whether the application for an alert is made by a authorised person, whether the document submitted is without errors in writing and numbers and without any other obvious errors, and whether it follows the entries in the register.

(2) If the instrument is eligible for an alert to be made on the basis of it, the cadastral office shall record; otherwise he shall communicate in writing the reasons for which the alert has not been made and return the document to him.

Note

§ 22

(1) The stamp shall be registered by the cadastral office on the basis of a decision or notice of the court, the public prosecutor, the police authority, the tax administrator, the manager of the commercial plant, the expropriation office, the land office, the court executor, the auctioneer, the insolvency administrator, the Financial Analytical Office or a documented proposal for the name of the person for whom the notice is to be registered.

(2) Where a note is entered on the basis of a decision of a public authority, that decision need not be accompanied by a legal instrument or an enforceable instrument.

§ 23

(1) A note is entered on the property:

(a) the application for enforcement by the administration of the property, the sale of the property, the establishment of a judicial lien on immovable property and the application for the establishment of an executive lien;

(b) the execution order for the management of the property and for the sale of the property;

(c) an execution order for the involvement of a business establishment;

(d) a resolution on the continuation of execution by the management of the business establishment, a resolution on the order for the sale of the business establishment at auction,

(e) a resolution on the continuation of enforcement by the management of the business establishment, a resolution on the regulation on the sale of the business establishment at auction;

(f) a resolution on the regulation on the enforcement of decisions by the management of real estate, the sale of real estate and the regulation on the enforcement of decisions on the disability of a business establishment;

(g) the order on the Auction Order on the sale of the property,

(h) notification to the insolvency practitioner of an inventory of real estate held by a person other than the debtor according to the register;

Citation	Act No. 256 / 2013 Coll., on the Real Estate Register (cadastral law)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	23.08.2013
Effective from	01.01.2014
Effective until	-
Status	Valid

Act No. 256 / 2013 Coll.

Real estate cadastral law

Contents