Decree No. 26 / 2007 Coll.
Decree implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended (cadastral decree)
Valid
Order
Effective from 01.03.2007
Contents
§ 1
§ 2
Oddíl 1
§ 3
§ 4
§ 5
Oddíl 2
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
Oddíl 3
§ 16
§ 17
§ 18
§ 19
§ 20
Oddíl 4
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Oddíl 5
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
Oddíl 6
§ 49
§ 50
§ 51
§ 52
§ 53
Oddíl 7
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
Oddíl 8
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
Oddíl 9
§ 88
§ 89
Oddíl 10
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
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26
DECLARATION
of 5 February 2007
implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights in kind, as amended, and Act No. 344 / 1992 Coll., on the cadastral property register of the Czech Republic (cadastral law), as amended (cadastral decree)
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 § 30 (1) (a) to (e) of Act No. 344 / 1992 Coll., on the Land Register of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.:
Preliminary provisions
This decree provides in more detail the subject matter and content of the cadastral, the management activities of the cadastral operator and the restoration of the cadastral operator, the geometrical activities for the purposes of the cadastral, the drawing up of geometrical plans and specified allocation plans and the laying down of the land boundaries, the marking of the territorial boundaries of municipalities and the land boundaries in a permanent manner, the procedure for deposit, recording and notation.
(1) For the purposes of this decree:
(a) the courtyard area belonging to the building, including the building (1) (hereinafter referred to as "the building"), containing a courtyard, entrance, small buildings (2) and associated areas which do not meet the conditions to be registered separately as parcels pursuant to § 4 (3) and (4);
(b) by recording the detailed measurement of changes, the result according to Paragraph 76 and similar results of the surveying activities carried out in accordance with the regulations in force in the past, documented at the cadastral office, the measurement part of the geometrical plan, the field sketch and the documentation related thereto, such as the log of the measured data;
(c) earlier land records
1. land records prior to the cadastral, which are former land registers, single land records, real estate records; and
2. allocation and assembly management operators,
(d) a parcel of simplified registration of land registered in a simplified manner under the cadastral code (3), which is geometrically and positally designated, displayed in the graphic operator of the previous land register and marked with a parcustoms number according to that previous land register;
e) S-JTSK coordinate system Single trigonometric network cadastral4),
(f) a demarcation point a point situated within the cadastral territory, a plot, a view of a building or a waterworks in a cadastral map near its centre with coordinates specified in the S-JTSK;
(g) BPEJ-Bonized Soil Organic Unit (5),
(h) land lines by the local name designated as land or land grouping outside the built-up territory;
(i) the original result of the surveying activity, the result of the surveying activities in the restoration of the cadastral operator or a geometric plan which was the basis for the registration of a valid geometrical and position designation.
(2) The provisions of this Order relating to the owner are also applied mutatis mutandis in relation to a beneficiary of other property rights.
Subject matter of the register
Catastral territory
(1) The boundary of the cadastral territory is the link between the quarry points and the points inserted on their direct links ("quarry point") on the circumference of the cadastral territory and constitutes the boundary of the land (7).
(2) Catastral territory shall be registered:
(a) in the set of descriptive information by its name, code number (8) and data facilitating the territorial breakdown of the Czech Republic,
(b) in a set of geodetic information, by its perimeter marked with a map mark of the border of the cadastral territory or the relevant map mark of the border of the territorial administrative unit or State, if the boundary of the cadastral territory or part thereof conforms to that border.
(3) The name of the cadastral territory is always unique within the Czech Republic.
Land and parcels
(1) The land is recorded in the geodetic information file and in the descriptive information file as parcely9).
(2) Land registered in a simplified manner shall only be recorded in a set of descriptive information as parcels of simplified registration.
(3) Neighbouring 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.
If these principles cannot be complied with in the light of the requirements of the Agricultural Soil Fund Act (10), the Forest Act (11) and the Construction Act (12), the parcel shall be registered as a parcel even if it does not reach the area referred to in (a) or (b).
(4) In the cadastre, the plot is also registered
(a) the land on which the water tank is situated and the land forming the watercourse 13), if its trough is at least 2 m wide,
(b) area installed
1. a building which is assigned a descriptive or recording number14), together with the accessories of the building 15) and an adjacent courtyard of the same owner, which forms a whole with the building;
2. a building in the premises of the same owner intended for purposes other than for habitation16),
3. a building which is assigned a descriptive or registration number (14), or a building which constitutes an accessory to a main building whose outer circumference is the property's boundary, or, in the case of a building surrounded by a parcel of another type of the same owner and the conditions laid down in paragraph 3 are fulfilled or, in the case of a building other than the owner of the land on which the building or part of it is built,
4. a waterworks registered in the register in accordance with the Water Act (17), including the area functionally linked to that waterworks, unless it fulfils the conditions for the creation of the parcel laid down in paragraph 3, containing a courtyard, entrance or minor structure;
(c) an unbuilt area between the buildings referred to in point (b) (1) with the type of land built and the courtyard and the use of the common court;
(d) the unbuilt area between the buildings referred to in point (b) (2) with the type of land of the other area and the way in which the handling area is used;
(e) land on which the road is situated (18), with the exception of pedestrian and cyclist roads at local and special purpose roads whose width is less than 2 metres;
(f) the non-installed area functionally related to the waterworks referred to in point (b) (4), provided that it fulfils the conditions for the formation of the parcel provided for in paragraph 3, containing a courtyard, entrance or small buildings, the type of land of the other area and the use of the handling area.
(5) The parcels are identified in each cadastral territory by numbers expressed in Arabic numerals
(a) in two numerical lines, separately for land and construction parcels; or
(b) in one number line.
The fractional parquet number shall be composed of the stem number in the numerator and the subdivision number in the denominator. The stem number may be not more than five-digit, no more than three-digit. If more than 999 subdivisions were to be made by dividing the parcel, the cadastral office may recalculate the parcels on the part of the cadastral territory concerned or mark the parcels with the stem numbers following the last number used.
(6) The cadastral office shall inform the owners of the parcels concerned in writing of the renumbering of the parcels. An annex to the notification is always a parcel identification.
(7) It shall not be allowed to combine parcels or parts of parcels where different rights data or related rights data are recorded for parcels. Exemptions are parcels or parts thereof for which a material burden is recorded, the extent of which has been defined in the geometric plan.
Buildings, apartments, non-residential spaces and water works
(1) Buildings and water works shall be recorded
(a) in a set of descriptive information about the building and water works (Section 9 (1));
(b) in the geodetic information file
1. an projection of the outer circumference of the building which corresponds to the penetration of the outer circumference of the building with terrain or, in the case of atypical buildings, the vertical projection of the outer circumference of the building on the terrain (hereinafter referred to as the "circumference of the building"); the display of buildings in the cadastral map is governed by ČSN 01 3411 Great Scale Maps - Drawing and Marks, or
2. projection of the circumference of the waterwork according to the special legislation19).
(2) The building can only be registered on a parcel
(a) with the type of plot and courtyard installed without indicating how the plot is used;
(b) with the type of forest parcel with the method of use referred to in point 2 of the Annex code 1 or 5;
(c) with the type of land, the water surface with the method of use referred to in point 2 of the Annex code 28;
(d) the agricultural parcel is used in accordance with point 2 of the Annex, code 1.
(3) The water works can only be registered on a parcel with a type of plot built up area and courtyard without indicating how the plot is used.
(4) Houses and non-residential premises, including built-up 20), as property items defined in the registered building 21) (hereinafter referred to as "the unit") shall be recorded in the descriptive information file with the unit data (§ 9 (2)).
Content of the register
Geometric and location identification of cadastral territories and real estate
(1) The cadastral territory and property registered in the cadastral register are determined by the numerical expression of the boundaries of the land, building and water works by the coordinates of the quarry points which have been determined by geodetic or photographic methods in the S-JTSK and by the links of those points, or only by displaying the boundaries of the land, building and water works in the cadastral map.
(2) The accuracy of the geometrical and location determinations of the cadastral territories and real estate results from the characteristics and criteria for the accuracy of the details referred to in point 13 of the Annex, or from the characteristics and criteria for the accuracy of the display of the border in the cadastral map referred to in point 15 of the Annex. The accuracy is expressed by the code of the quality characteristics of the coordinates (hereinafter referred to as the "quality code ') for the coordinates of the detailed points that were identified in the S-JTSK.
(3) Geometric and location identification of the parcels registered in a simplified manner is determined by the numerical expression of the boundaries of the parcels according to the original results of the surveying activities or only by displaying the progress of the borders in the graphic operator of the previous land register.
Data on the cadastral territory
The following data on the cadastral territory shall be recorded in the register:
(a) the name of the cadastral territory;
(b) the code number of the cadastral territory (8);
(c) the name and the code number of the municipality in which the cadastral territory is situated 22), with the link of the municipality data to the name and the code number of the municipality part;
(d) the name and code number (23) of the counties according to the Act on the creation of higher territorial self-governing units (24), the district in whose territorial district the cadastral territory lies, the municipalities with extended competence and the municipalities with the authority of the municipal authority whose administrative district is the municipality in which the cadastral territory lies;
(e) the serial number of the cadastral territory within the territorial area in which the cadastral establishment exercises its jurisdiction of the relevant cadastral office; the order numbers of the cadastral territories need not constitute a continuous numerical series,
(f) the name and code of the tax office within the territory of which the cadastral territory lies,
(g) the type of numbering of parcels (point 7 of the Annex), the indication of the coordinate system (point 8 of the Annex) and the analogue map referred to in Article 16 (1) (b) (9) of the Annex and, where applicable, the indication that a digital cadastral map is maintained in the cadastral territory;
(h) the coordinates of the boundary point of the cadastral territory in S-JTSK.
Parcel data and simplified record data
(1) The following data on parcels are recorded in the register:
(a) jurisdiction in the cadastral territory;
(b) the distinction and type of numbering of parcels (point 7 of the Annex);
(c) the customs number,
(d) plot area;
(e) the code of the method of determination of the area (§ 77 (2)),
(f) the type of land and the use of land (points 1 and 2 of the Annex);
(g) type and method of property protection (point 6 of the Annex);
(h) the number of the certificate of ownership;
(i) legal relations and other rights;
(j) the designation of the sheet of the cadastral map [Paragraph 16 (1) (b) and point 9 of the Annex];
(k) other information (§ 12),
(l) the coordinates of the limit point of the parcel in S-JTSK.
(2) The following information shall be recorded on the simplified register parcel:
(a) jurisdiction in the cadastral territory;
(b) the distinction and type of numbering of parcels and their origin (point 7 of the Annex);
(c) the customs number according to the previous land register;
(d) an indication of the original cadastral territory for parcels registered in a simplified manner affected by the change in the cadastral boundary;
(e) the original or residual area after changes made in property law;
(f) the number of the certificate of ownership;
(g) legal relations and other rights,
(h) other information (§ 12),
(i) the coordinates of the demarcation point in S-JTSK.
Information about building, water works and unit
(1) The following data on the building and water works are recorded in the register:
(a) jurisdiction in the cadastral territory;
(b) data on the parcel (§ 8 (1) (b) and (c)), or data on the parcels, if the building or the waterworks are built on several parcels of different owners;
(c) the number of the descriptive or registration building, if any,
(d) the competence of the building to a part of the municipality, if it is a building with a descriptive or registered number;
(e) the type and method of use of the construction (points 3 and 4 of the Annex);
(f) the type and method of property protection (point 6 of the Annex),
(g) the number of the certificate of ownership;
(h) legal relations and other rights;
(i) other information (§ 12),
(j) the coordinates of the terminal point of the building or of the water works in S-JTSK.
(2) The following unit data shall be recorded in the register:
(a) the unit number,
(b) the details of the building in which the unit is defined in accordance with paragraph 1;
(c) the type of unit and the method of use of the unit (Annex, point 5);
(d) the type and method of property protection (point 6 of the Annex),
(e) the number of the certificate of ownership;
(f) a joint ownership interest in common parts of the house which are jointly owned by all unit owners,
(g) legal relations and other rights,
(h) other information (§ 12).
Information on the owner and entitled under another right in rem
(1) The following information on the owner and entitled from another right in rem shall be recorded in the register:
(a) the name and, where applicable, the name, surname and address of the place of permanent residence of the natural person, and, where applicable, the address of residence abroad, if not permanent in the Czech Republic;
(b) the natural person's birth number;
(c) the designation of a graduate of a higher vocational school, an academic degree, a status mark, another degree of graduate of a university, the designation of a "docent" or "professor" (hereinafter referred to as the "title"), or the scientific rank, if it is included in the information on the owner or entitled under other substantive law, provided that it is indicated in the instrument underlying the registration of the right. The title or scientific rank shall be given in abbreviation where it is provided for in a specific legislation,
(d) the name and address of the registered office of the legal person;
(e) the identification number of a legal person or the identification number of a legal person of a foreign State assigned to him abroad, if any.
(2) If a natural person has not been assigned a birth number valid in the Czech Republic, the date of birth shall be registered in the form of a birth number without an end-point in the format RMMDD; for citizens of the Slovak Republic, the birth number in force in the Czech Republic means the birth number allocated until 31 December 1992.
(3) If the owner or creditor of another right in rem is the Czech Republic, the registered office shall not be registered. The organisational component of the State shall be recorded in accordance with paragraph 1 (d) and (e) mutatis mutandis.
(4) The organisational component of a legal entity shall be registered with the identification number of the legal entity with a numerical complement, expressing the order of the organisational component in a commercial or other legal register, the name and address of the registered office of the organisational entity. The organisational component of a legal entity of a foreign State registered in the Commercial Register shall be registered with the organisation's identification number, its name and address.
(5) The name of the State and, after a dash, the name of the organisation which has the right to property derived from the right of ownership and the address of the head office of that organisation shall be registered with the owner or creditor of another right in rem which is a foreign State. If there is no indication with a foreign State of an organisation having a right to property derived from ownership, the owner's registered office shall not be registered. The identification number of the foreign State shall be registered only if it has been assigned to it in the Czech Republic.
Rights data and related rights data
(1) The following data on rights and rights related data shall be recorded in the register:
(a) legal relations and other property rights;
(b) restrictions on the transfer of real estate and other restrictions and rights to real estate resulting from earlier regulations (for example, construction law) 25),
(c) notes 26),
(d) data relating to property rights registered under special legislation, such as the notice of the commencement of the land modification (27), the notification of the decision to approve the design of land modification acquired by legal powers (28), and other facts, where the specific legislation provides for an obligation to mark them in the register or if they are necessary for the management of the cadastry29).
(2) In the case of property rights and other rights, information on the owner and entitled from other rights, the designation of the right, the co-ownership interest and, where appropriate, the proportion in which the creditor of the other rights exercises those rights, the property which is the subject of the right shall be recorded.
(3) In the case of a right corresponding to a liability in kind, the content of the right shall be recorded by means of a brief description thereof, details of the property encumbered with the burden in kind, details of the burden in kind where the burden in kind relates only to a joint ownership interest in the property, details of the property entitled to that right, and, where applicable, details of the person entitled, where the burden in kind is established for the benefit of the person and where the burden in kind has been agreed for a limited period of time, also the period in which the burden in kind was agreed. The right corresponding to the material burden for the owner of the property shall be recorded in the register both for the property entitled from the material burden and for the property burdened with the material burden. The right to a person's burden in kind shall be registered only in the case of the debtor's property. The right corresponding to the burden in kind for the benefit of the owner of the property which is not subject to registration in the register shall be registered only with the debtor.
(4) In the case of a lien, the lien, the amount of the principal secured by the claim or, where applicable, the share of the claim expressed in fraction, percentage or amount of the principal, the creditor's data, the lien data, where the lien relates only to a joint ownership interest in the property and where the lien has been agreed for a limited period, also the period for which the lien was agreed. Where a lien is established for a particular type of claim, the nature of the claims, their limit and the period during which the claims may arise shall be recorded instead of the amount of principal secured by the claim in order to be covered by the collateral. 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, data on the property encumbered, data on the right in rem, data on the right in rem shall be recorded in the register where the right in rem relates only to a joint ownership interest in the property and where the right in rem has been agreed for a limited period, also the period for which the right was agreed.
(6) In the case of a note, the contents of the article of the note shall be recorded in the register by a brief description thereof, the property details and, where applicable, the person to whom the note relates.
(7) For the registration of data relating to property rights referred to in paragraph 1 (d), the contents of the data shall be recorded in the register by a brief description thereof, the property information and, where applicable, the person to whom the registration relates.
(8) The registration referred to in paragraphs 2 to 7 shall also record the designation of the Protocol and the serial number under which the registration of the register was carried out in the case in question and the particulars of the instrument underlying the registration of the right or the notes or data relating to the property rights.
Further data of the cadastral
(1) The following additional data are presented in the register:
(a) an indication that the registered legal relationship and other law are affected by the amendment (30) (hereinafter referred to as "the seal");
(b) alert for ongoing restoration of the cadastral operator (31);
(c) an alert for an ongoing error correction (32) in the register or objection33),
(d) an alert entered in the alert for further proceedings [Sections 50 (5) (b) and 58 (4)],
(e) notice of the action brought against the decision rejecting the application for a deposit;
(f) notice of the related title sheet;
(g) an indication of the disputed border between the land; and
(h) additional warnings, where specific legislation provides for an obligation to indicate them in the register or are necessary for the management of the register.
This information shall contain a brief content of the notice, an indication of the property or, where applicable, the person concerned by the notice. In addition, the indication of the protocol and the serial number under which the alert was registered shall be indicated and an indication of the instrument underlying the alert.
(2) In addition, BPEJ data on parcels of agricultural parcels with marked ownership status shall be recorded in the descriptive information file. The BPEI data consists of a five-digit BPEJ code and the corresponding BPEJ parcel area, if more than one is involved in the parcel.
Catalogue interconnection with information systems
(1) The link between the cadastral data and other information systems is provided by identifiers which are:
(a) county code,
(b) the municipality code number,
(c) the code number of the part of the municipality;
(d) the code number of the cadastral territory (8),
(e) the identification number of a legal person or an organisational component of a State or an organisational component of a legal person of a foreign State registered in a commercial or other legally established register or branch of a legal person with a numerical complement expressing the order of the organisational component in a commercial or other legally established register, its name and its registered office;
(f) the natural person's birth number and, where applicable, the date of birth, if the natural person's birth number has not been assigned, his name and, where applicable, his name,
(g) the customs number,
(h) the description or registration number of the building;
(i) the coordinates of the boundary point of the cadastral territory;
(j) the coordinates of the limit point of the parcel;
(k) the coordinates of the building's defining point;
(l) the coordinates of the defined point of the water work.
(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 the data referred to in point 7 of the Annex and the building in conjunction with the code number of the part of the municipality and the code of the building type.
(3) The identifiers referred to in paragraph 1 (i) to (l) clearly determine the location of the cadastral territory, parcels, buildings and water works in S-JTSK.
(4) In cadastral areas with a cadastral map as referred to in Article 16 (1) (a) and (c), links with other territorial information systems may also be provided through a set of geodetic information.
(5) In cadastral areas where there is no cadastral map pursuant to Article 16 (1) (a) and (c), links with other territorial information systems may also be provided through an indicative parcel map (Article 16 (12)).
Detailed position point field
(1) Geodetic data are kept in the cadastre (34) on the points of the detailed positional point (35).
(2) The contents and formalities of the geodetic data on the points of the detailed position point field are set out in Sections 68 and 12.15 of the Annex.
Contents
§ 1
§ 2
Oddíl 1
§ 3
§ 4
§ 5
Oddíl 2
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
Oddíl 3
§ 16
§ 17
§ 18
§ 19
§ 20
Oddíl 4
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Oddíl 5
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
Oddíl 6
§ 49
§ 50
§ 51
§ 52
§ 53
Oddíl 7
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
Oddíl 8
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
Oddíl 9
§ 88
§ 89
Oddíl 10
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
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Regulation Information
| Citation | Decree No. 26 / 2007 Coll., implementing Act No. 265 / 1992 Coll., on the registration of property rights and other property rights, as amended, and Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (cadastral law), as amended, (cadastral decree) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.2007 |
|---|---|
| Effective from | 01.03.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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