Decree No. 256 / 2018 Coll.
Decree amending Decree No. 358 / 2013 Coll., on the provision of data from the Real Estate Register, as amended by Decree No. 354 / 2015 Coll.
Valid
Effective from 01.01.2019
256
DECLARATION
of 2 November 2018
amending Decree No 358 / 2013 Coll., on the provision of data from the Real Estate Register, as amended by Decree No 354 / 2015 Coll.
According to § 66 (1) (j) and (k) of Act No. 256 / 2013 Coll., on the Land Register (cadastral Act), the Czech Authority provides:
Decree No 358 / 2013 Coll., on the provision of data from the Real Estate Register, as amended by Decree No 354 / 2015 Coll., is amended as follows:
1. in Paragraph 3 (e), the word "reprographic" shall be deleted;
2. In Section 3 (f), the word "press' is deleted and the words" and copies' are inserted after the word "outputs'.
3. in Article 7 (2) (b), including footnote 11:
"(b) be accompanied by a recognised electronic signature of the applicant based on a certificate containing such data as to enable the identity of the signatory (11), if the applicant is a natural person,
11) Paragraph 63 (3) of Act No. 117 / 1995 Coll., on State Social Aid, as amended by Act No. 366 / 2011 Coll. '.
4. in Article 7 (2), point (b) is deleted;
Points (c) to (f) shall be renumbered (b) to (e).
5. in Article 7 (2) (c), the words "or (c)" shall be deleted;
Article 6 (9) and (10), including the headings, read:
Copies of the cadastral operator in cases where data are not provided in the form of public documents
(1) The Authority shall, upon request, make copies of parts of the cadastral operator which are not kept in electronic form, except for the collection of the cadastral documents.
(2) The paper copy shall be labelled by the cadastral office by the word "Copy." The copy shall bear the number of the procedure for the provision of the data from the register, the date of the copy, the name and surname of the staff member who made the copy, and the signature of the staff member who made the copy and the row stamp of the cadastral office issuing the copy.
(3) The copy shall be marked electronically by the cadastral office by the word "Copy." The copy shall bear the number of the procedure for the provision of the data from the register, the date of the copy, the name of the cadastral office which issued the copy, the name and surname of the staff member who made the copy and shall bear the qualified electronic signature of the staff member who made the copy.
(4) Copies referred to in paragraphs 1 to 3 shall be made available for payment as set out in Annex 2 to this Order.
(5) Where a copy of a map sheet on a plastic sheet is provided free of charge to the territorial authorities pursuant to Section 55 (5) of the cadastral law, they shall be provided free of charge no more than once per calendar year, only if they contain changes than the last copy or raster data provided under Section 15. Copies of the map sheet shall be provided from the territorial scope of the relevant territorial authority.
Outputs and copies from the cadastral operator in cases where data are not provided in the form of public documents
(1) The Authority shall, upon request, draw up the output of the data from the register and copies of the documents from the parts of the cadastral operator which are kept in electronic form. The Catastral Office shall draw up the outputs of such content and arrangement as allows for the information system of the cadastral. These outputs do not contain information as to whether a seal has been marked for the properties covered by the output.
(2) When providing an output containing an overview of ownership from the territory of the Czech Republic and data on real estate prices achieved, Article 7 (2) shall apply mutatis mutandis to the proof of identity.
(3) The paper-based output shall bear the number of the procedure for the provision of the data from the register, the date of the copy, the name and surname of the staff member who drew up the printing output, and the signature of the staff member who drew up the output and the line stamp of the cadastral office which issued the output. The electronic output shall bear the number of the procedure for the provision of the data from the register, the date of the copy, the name of the cadastral office which issued the output, the name and surname of the employee who drew up the output and shall be accompanied by a qualified electronic signature of the employee who drew up the output. The provision of copies shall be treated mutatis mutandis in accordance with Article 9 (2) and (3).
(4) The outputs and copies shall be made available for payment as set out in Annex 3 to this Regulation. "
7. In Paragraph 11 (2), the sentence "The condition for providing remote access is to demonstrate the identity of the applicant 'is inserted after the second sentence.
8. In Article 14 (1), the words ", the data for the issue of certified copies and the certified output from the list of documents referred to in Article 7 (1) and the data for the issue of output of rights registered for a person 'are inserted after the words" paragraph 3'.
9. Paragraph 15 (2) reads as follows:
"(2) The data of the cadastral kept in electronic form shall be provided to the extent and structure allowed by the cadastral information system as pseudonymised. ';
10. In Article 15, the following paragraph 3 is inserted after paragraph 2:
"(3) To the other extent and structure of the register, data may be provided only to the person concerned or to the person who has demonstrated a legal interest or other serious reason in providing such data and who has demonstrated his identity mutatis mutandis in accordance with Article 7 (2). Similarly, if the cadastral data contain an overview of ownership for a natural person, this shall be done. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
11. Article 23, including the title, reads:
Dissemination of cadastral data
(1) Only data obtained from the cadastral can be disseminated pursuant to Article 15 (2). Data for dissemination shall be provided in data sets broken down by cadastral territory.
(2) The consent to the dissemination of data referred to in paragraph 1 shall be granted by the Office on the basis of a written request for consent to the dissemination of data and the provision of data to be disseminated. The application may be made on a form the model of which is published on the Office's website. The application shall contain, in addition to the formalities laid down in the administrative rules:
(a) the names of the persons to whom the data will be disseminated (hereinafter referred to as "data users");
(b) the extent of the data contained in the register to be disseminated to individual data users; and
(c) the description of the contracts between the applicant and the users of the data on the basis of which the data will be disseminated to them.
(3) The scope of the cadastral data required for dissemination must correspond to the scope of the contracts between the applicant and the users of the data.
(4) A person who has been authorised to disseminate data (hereinafter referred to as "the disseminator") shall be entitled to transmit the data to the users of the data referred to in the request referred to in paragraph 2 only. The disseminator shall not be entitled to use the data thus obtained for his own use. ';
12. The following Sections 23a and 23b are inserted after Section 23:
Dissemination of cadastral data against payment
(1) An application for consent to the dissemination of data for consideration shall be submitted no later than 1 week before the beginning of the calendar month in which the data are first disseminated.
(2) The consent to the dissemination of data shall always be granted for a specific data set of data of the cadastral data provided on the basis of the request referred to in paragraph 1. The data to be disseminated shall be provided together with consent.
(3) The payment for dissemination is responsible for providing data to the cadastral in the form in which the disseminator disseminates the data.
(4) The shipowner is entitled to disseminate the data of the register provided that:
(a) extend the data from each data file provided for dissemination in the calendar month in which it has been authorised;
(b) no later than 2 weeks after the end of each calendar month in which the data were disseminated, submit a report on the extent of the data disseminated for that calendar month; the report may be made on a form the model of which is published on the Office's website,
(c) pay the distribution fee in due time;
(d) submit electronic copies of the contracts concluded with data users or a confirmation of the data users showing the extent of the data required for dissemination in PDF format, within 2 weeks of receipt of the request.
(5) If the disseminator fails to comply with one of the conditions laid down in paragraph 4 or uses the data for his own use, he shall pay the remuneration for the data provided as if it had been provided to him under Paragraph 15.
Free distribution of the data of the cadastral
(1) A request for consent to the dissemination of data to persons entitled to the free payment of the data of the cadastral shall be made no later than 1 month before the beginning of the period in which the data are disseminated. The application shall be accompanied by an electronic copy of the contracts concluded with the data users or a confirmation of the data users showing the extent of the data required for dissemination in PDF format.
(2) Consent to the free distribution of data shall be granted by the end of the calendar year in which the data will be disseminated, to the extent specified by the list of cadastral territories. The data to be disseminated shall be provided together with consent. Updated data to the extent that consent to the dissemination of data has been granted shall be provided at intervals resulting from contracts concluded between the data provider and the data user, but not more than once per calendar month, on the basis of a request referring to the data dissemination consent granted. ';
13. In Annex 1, the entry number "7 'in the specification is replaced by" 8'.
14. In Annex 2, in the title, the word "reprographic 'is deleted.
15. in Annex No 2, entries 2003, 2004, 2006, 2008 and 2009 are deleted;
16. In Annex No 2 to the specification for entry 2011: "Copies under headings 2001 to 2010 in electronic format '.
17. in Annex 2, note (a) shall read:
"(a) The remuneration referred to in item 2002 shall be increased by the price of that support when a copy is made on a dimensionally permanent transparent support."
18. in Annex 2, in the notes in point (b), the words "2004, 2006 and 2009" are replaced by "and 2011."
19.
"Annex No 3 to Decree No 358 / 2013 Coll.
Production of outputs and copies from the cadastral operator in cases where data are not provided in the form of public documents (§ 10)
| Položka | Specifikace | Měrná jednotka (MJ) | Úplata za MJ |
|---|---|---|---|
| 3001 | Tiskový výstup ze souboru popisných informací | formát A4 | 50 Kč |
| 3002 | Kopie z ostatních částí katastrálního operátu mimo souboru popisných informací a katastrální mapy v listinné podobě | formát A4 | 50 Kč |
| 3003 | Tisk (vykreslení) katastrální mapy v digitální formě na papír nebo plastovou fólii | formát A4 | 50 Kč |
| 3004 | Výstupy a kopie části katastrálního operátu v elektronické podobě | formát A4 | 50 Kč |
Notes:
(a) The output according to items 3001 and 3004 is also considered to be information that a particular entry in the descriptive information file is not specified.
b) The payment for output or copy according to items 3001, 3002 and 3004 of the format greater than A4 corresponds to the number of A4 formats, including the initial format.
(c) Copies of the geometrical plan referred to in headings 3002 and 3004 shall be marked with the word "Copies."
(d) When providing data on the cadastral map according to headings 3003 and 3004, the limits of the extent of the material burden on part of the parcel shall be displayed only on request.
e) The remuneration for printing (drawing) in accordance with heading 3003, drawn up on a dimensionally permanent transparent support, shall be increased by the price of this support.
(f) The remuneration for printing (drawing) of the cadastral map according to heading 3003 shall be determined for each and the starting A4 format covered by the drawing. ';
20. In Annex 4, headings 4014 to 4017 are deleted.
21. in Annex 4, the following point (h) is added:
"(h) If the same XML output is required at the same time as the output in PDF or HTML format and allows the cadastral information system to create these outputs simultaneously, it shall not be increased by adding it. '
22. In Annex 5, the following entry 5012 is added:
„
“.
| 5012 | Údaje o dosažených cenách nemovitostí podle katastrálního území za jeden kalendářní měsíc | výstup | 5 Kč |
23. in Annex 5, note (b) shall read:
"(b) The output referred to in headings 5006 to 5008 and 5011 means data from an information system relating to one person or to one management. Output according to heading 5010 means data from an information system relating to properties of the same type up to a maximum of 200 properties. The output referred to in item 5012 shall mean data from the information system relating to immovable property registered in one cadastral territory per calendar month. ';
24. In Annex 5, the following points (f) to (h) are added to the notes:
"(f) A web service containing data on persons registered in the register shall be provided only in addition to those provided in electronic form in accordance with Article 15 (2).
g) At the same time as items 5001 to 5012, support search functions are provided for web long-distance access services to the data of the cadastral.
h) If the same XML output is required at the same time as the output in PDF or HTML format and allows the cadastral information system to create these outputs simultaneously, the payment shall not be increased by adding it. '
25. In Annex 6, entries 6011 and 6013 are deleted.
26. In Annex 6, the notes are as follows:
"Notes:
(a) Data under headings 6001 to 6006 shall be provided in data files containing either data with effect on the specified date or data on changes in data for the specified period.
(b) Basic remuneration means the remuneration per unit of measurement multiplied by the number of units of measurement.
(c) For the purposes of determining the remuneration, the number of units of measurement of the data set with data changes for a specified period shall be determined as the number of units of measurement of the data set with data on identical properties, valid on the last day of the relevant period.
(d) The basic remuneration according to headings 6001 to 6006 and 6008 to 6012 shall be increased by the price of the technical data carrier, unless supplied by the applicant.
e) The basic remuneration according to items 6001, 6002 and 6008 is at least 500 CZK.
f) The basic payment according to item 6003 is increased by a fixed amount of CZK 8,000, the basic payment according to item 6004 is increased by a fixed amount of CZK 20,000. The basic payment according to item 6005 is increased by a fixed amount of CZK 78 000, the basic payment according to item 6006 is increased by a fixed amount of CZK 244 000.
(g) For each subsequent provision of updated data of the same content and range, in accordance with headings 6001 to 6006, in the same calendar year in which the first transmission took place, the payment shall be 3% of the basic payment after netting the fixed amounts referred to in (f). In each subsequent immediately following calendar year, the amount of the remuneration shall be 20% of the basic remuneration after netting the fixed amounts referred to in point (f) for the first provision of updated data of the same scale and 3% of the basic payment after netting the fixed amounts referred to in point (f) for each subsequent provision of updated data of the same content and range in the same calendar year.
h) The payment referred to in (g) shall be at least CZK 100.
(i) If the user continues to collect up-to-date data of the same content and range from another provider or through another disseminator, the procedure referred to in point (g) shall be followed if the applicant can prove that the previous data have been provided.
(j) When requesting the extension of the original requirement when providing the data referred to in (g), the increased number of units of measurement provided shall be paid according to the relevant item at the level of the basic remuneration.
k) Payment under heading 6010 shall be reduced by 50% if the semi-rapid drawing covers less than 50% of the area of the map sheet.
(l) Repayments under headings 6001 to 6006 and 6010 shall be reduced by 80% on first provision by prior agreement between the Office and the Central Administrative Office if the data provided from the register are used to maintain the list under another legislation10) and subsequent reporting of data from that list for registry entry.
m) Payback under heading 6014 shall be charged if the creation of the requested data file requires special conversion and programming for each starting hour of work. The actual creation of output and work associated with the creation of a copy of a file on a technical data carrier is not regarded as more work.
(n) Data on the aggregate value of the types of land, the coordinates of the parcel demarcation points, the data of the cadastral map including their metadata obtained by means of the viewing or download services and the code lists of the cadastral information system shall be provided free of charge.
o) Price data are provided exclusively together with items 6002, 6004 and 6006 of SPI data, the remuneration for SPI data is not increased by adding them.
(p) For the purpose of processing Bachelor's, Diploma or other work carried out for the purpose of obtaining the academic degree, the remuneration for the data provided shall be reduced by 100% on the basis of a written request certified by the school.
q) Output according to item 6007 means a data file or data files on a single data carrier.
(r) Reimbursement under item 6007 shall be charged only if the data are provided by the Office or the cadastral office upon request. The remuneration shall not be charged if, at the same time as the data under heading 6007, the corresponding data under headings 6001 to 6006 are provided. ';
27. in Annex 9, the following point (h) is added:
"(h) If, pursuant to Article 19 (3) (c) of the Decree, more than one property is monitored which serves the property in possession of the applicant, they shall be considered to be a single property monitoring service for the purpose of determining the remuneration. '
Transitional provisions
1. The user of remote access to the data of the cadastral is obliged to comply with the condition laid down in Section 11 (2) of Decree No 358 / 2013 Coll., as effective from the date of entry into force of the decree, within 2 months of the date of entry into force of the decree. If the condition is not met within the prescribed period, the Office shall be entitled to prevent the user from remotely accessing the data by technical means on the day following the expiry of that period for the period of non-compliance.
2. The Authority's consent to the dissemination of data issued pursuant to Decree No. 358 / 2013 Coll., as effective before the date of entry into force of the Order, expires
(a) 1 month after the date of entry into force of this Order, if it is agreed to the dissemination of data for consideration;
(b) 2 months after the date of entry into force of this decree, if the person entitled to receive the data from the register is in agreement with the dissemination.
Efficacy
This Regulation shall enter into force on 1 January 2019, with the exception of Article I (4) and (5), which shall take effect on 1 July 2020.
Chairman:
Ing. Dinner v. r.
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Regulation Information
| Citation | Decree No. 256 / 2018 Coll., amending Decree No. 358 / 2013 Coll., on the provision of data from the Real Estate Register, as amended by Decree No. 354 / 2015 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2018 |
|---|---|
| Effective from | 01.01.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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