What is Act of the Czech National Council No. 344 / 1992 Coll.?

Act of the Czech National Council No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law) — Act of the Czech National Council on the cadastral property of the Czech Republic (cadastral law).

Is Act of the Czech National Council No. 344 / 1992 Coll. still valid?

Yes, Act of the Czech National Council No. 344 / 1992 Coll. is still valid and effective.

Act of the Czech National Council No. 344 / 1992 Coll. - Act of the Czech National Council on the...

Q: When it became Act of the Czech National Council No. 344 / 1992 Coll. effectiveness?

Act of the Czech National Council No. 344 / 1992 Coll. became effective 01.01.1993.

344

THE LAW

Czech National Council

of 7 May 1992

on the cadastral property register of the Czech Republic (cadastral law)

The Czech National Council decided on this law:

ČÁST PRVNÍ

CATASTR THE IMMOVITY OF THE CZECH REPUBLIC

§ 1

(1) A cadastre of real estate of the Czech Republic (hereinafter referred to as the "cadastre") is hereby established.

(2) The Catastrophe is a set of real estate data in the Czech Republic (hereinafter referred to as "real estate") covering their inventory and description and their geometrical and positional destination. The register shall include the registration of property ownership and other property rights under the Special Code (1) (hereinafter referred to as "legal relations') and other property rights under this Act.

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

(a) for the protection of property rights, for tax and tax purposes, for the protection of the environment, the agricultural land fund, land intended for the performance of forest functions, mineral wealth, cultural heritage, for the development of territory, for the valuation of real estate, for scientific, economic and statistical purposes,

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

(4) The Katastr is led as an information system on the territory of the Czech Republic mainly by computer means.

§ 2

1.

(a) parcels;

(b) buildings connected with the ground with a solid basis,

1. the buildings to which the descriptive or registration number is assigned,

2. buildings not assigned a descriptive or registration number and not belonging to another building registered on the same parcel;

(c) apartments and non-residential premises defined as units under the special legislation2) in buildings (hereinafter referred to as "flats and non-residential premises");

(d) built-up buildings or apartments and non-residential premises which will be subject to the registration referred to in paragraph 1 (b). (b) or (c) if requested by the owner of the property (hereinafter referred to as "the owner") or by another person entitled under the law to be entered in the register (hereinafter referred to as "other entitled"),

(e) built-up buildings or apartments and non-residential premises which will be subject to the registration referred to in paragraph 1 (b). (b) or (c) in connection with the creation, modification or cessation of the right in rem to them;

(f) buildings connected to the ground with a solid base, which are covered by a specific regulation.

(2) Small buildings are not recorded in the register. (2a)

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

(4) Real estate registered in the register is to be entered in the register

(a) legal relations registered under a special law, 1)

(b) the jurisdiction of the State and state organisations to manage the State property, 2b)

(c) the right to manage the property of the state2c);

(d) State-owned real estate management, 2d)

e) permission of the city areas of the capital of Prague to manage the entrusted property of the capital of Prague, 2e)

(f) authorisation of urban areas of statutory cities to manage the entrusted property of statutory cities, 2f)

(g) the management of real estate, carried out by an organisational component or a contribution organisation set up by the local and local authorities 2g),

(h) the jurisdiction of an organisational component of a legal person, if it is registered in a commercial or other legally established register and the head of that branch is entitled to dispose of real estate registered in the register on behalf of the legal entity to which it belongs, 2h)

(i) other facts, according to the nature of the case registered, which are the contents of the register under this law.

(5) Real estate in the register should be recorded according to the cadastral territory.

(6) Real estate relevant in terms of defence, internal order and security are recorded in a manner agreed with the Ministry of Defence, the Ministry of Interior and the Ministry of Justice.

§ 3

The catastrophe contains:

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

(b) types of land, plot numbers and areas, descriptive and registration numbers of buildings, selected data on the method of protection and use of real estate, housing numbers and non-residential spaces, and the naming of non-residential premises, as well as data for tax purposes and data enabling interconnection with other information systems related to the contents of the register;

(c) data on legal relations, including data on owners and other authorised persons and data on other property rights under this law;

(d) details of the detailed position fields;

(e) local and local names (3)

§ 4

(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 in the designated cadastral territories;

(b) a set of descriptive information which includes data on the cadastral territory, on parcels, on construction, on flats and non-residential premises, on owners, other beneficiaries and on legal relations and rights and on the facts referred to in § 2 (4) (b) to (i);

(c) summary summaries of the Land Fund from the cadastral data;

(d) documentation of the results of investigations and measurements for the management and renewal of a set of geodetic information, including a list of local and local names;

(e) a collection of documents containing decisions of the State authorities, contracts and other documents on the basis of which registration in the register has been carried out.

§ 4a

In order to be incorporated into a collection of documents, the cadastral office shall transfer to the paper form a document in the form of a data message signed by a recognised electronic signature or marked by a recognised electronic mark 3a) and submitted for registration in the cadastral. The document transferred to the paper form of the cadastral office shall indicate that the transfer took place under this law. When transferring the document to the paper form, the cadastral office shall not confirm the accuracy and veracity of the data contained in the document in the form of a data report.

ČÁST DRUHÁ

KATASTR MANAGEMENT

§ 5

Entry of legal and other data into the register

(1) The documents underlying the register must bear:

(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 lines in the cadastral territory, whether it is land or construction plot;

(b) land which is registered in a simplified manner (Paragraph 29 (3)), with a parcustoms number according to the previous land register, indicating whether the parcel number is a land register, allocation or assembly operator, and indicating the name of the cadastral territory in which it is situated;

(c) a description of the land on which they are built, a descriptive or registered number, where appropriate, if the number of the descriptive or registered building is not assigned, the method of use of the building and, in the case of buildings with a descriptive or registered character of the building to a part of the municipality, if the name of the part of the municipality is different from the name of the cadastral territory in which the land on which the building is built,

(d) built-up buildings with an indication of the land on which they are built and an indication that it is a built-up building;

(e) apartments and non-residential premises with a building designation, (2) in which they are defined, the number of the apartment or non-residential space and the name of the non-residential space, or a description of the location in the building, if not numbered;

(f) the built-up apartment and the non-residential space by identifying the land on which the house with apartments and non-residential spaces is built, the number of the apartment or non-residential space and the name of the non-residential space, or by describing, where appropriate, the location in the built-up house with apartments and non-residential spaces, provided that the apartments and non-residential spaces are not numbered, and the indication that it is a built-up apartment or non-residential space;

(g) water works (4) the marking of the land on which it is built and the use of the water works.

(2) If a part of the land is to be merged into the adjacent plot or if a new plot is to be created from several parts, the indication of the transferred part of the plot in the letter of the small alphabet, referring to the geometrical plan to which it is defined, shall also be permitted if the documents submitted for registration indicate the implementation of all necessary changes to the legal relations under such a geometrical plan.

(3) The Authority shall implement:

(a) the data relating to legal relations in the register on the basis of a final decision authorising the deposit on the date on which the application was served on it;

(b) the entry (6) of the data relating to legal relations in the register within 30 days of the receipt of a decision by a State authority or other instrument confirming or certifying legal relations;

(c) note 7) in the register within 30 days of service of the instrument eligible for a note in the register; This note shall be deleted by the cadastral office within 30 days of service of the instrument on the basis of which the reasons for its designation have ceased to exist.

(4) The formation, amendment or termination of a legal relationship on the basis of a legal fact or a unilateral act, (8) which cannot be substantiated and, if undisputed, may be entered in the register only on the basis of a certificate in the form of a notarial registration or a court settlement. 9)

(5) A geometrical plan shall also be submitted for the registration of new buildings, realistically separated parts of real estate, as well as the material burden on part of the land in the cadastre, for new buildings, including evidence of the assignment of a descriptive or registered number, (10) if assigned to them, and for built-up buildings, apartments and non-residential premises, a declaration of honour by the owner or other authorised by his officially certified signature that the building, apartment and non-residential space is built up.

(6) As the owner of a newly registered building, the owner of the land on which the construction is built shall be entered in the register unless it is established by a letter that the owner of the construction is another person. The use of a newly registered building shall be made of the purpose for which the construction is used in accordance with the legislation according to the approval procedure or the notification of the builder. Other buildings are based on a territorial decision or a declaration of construction to the building office. When a newly registered building is declared for registration in the cadastral, the owner of the building shall be obliged to provide proof of the purpose of the use of the building.

(7) Legal relations shall not be affected by the revision of the data of the cadastral operator, the correction of errors in the cadastral operator or the renewal of the cadastral operator, unless the change is documented by the instrument.

§ 5a

The submission made in the form of a data report is accepted at the common technical equipment of the cadastral offices at the address published by the Czech Office of the Geographical and Catastrophe, on which are also permitted types of such submissions. The receipt of a submission made in the form of a data report on the common technical equipment of the cadastral offices shall also be confirmed through that technical equipment in the form of a data report identifying the technical equipment on which the submission was received, including an indication of the timing of the receipt.

§ 6

The entry of other data and their amendments shall be made on the basis of:

(a) the declaration of the owner or other authorised person (Article 10 (1) (d)), annexed to which is the decision or consent issued by the competent State authority in accordance with the specific legislation, 10a) where such decision or consent is required;

(b) a decision, consent or notification issued by a competent State authority under a special legislation, 10b) which also provides for the State authority to send a decision, consent or notification to the cadastral office.

§ 6a

(1) Data on the register other than those on legal relations, binding data on the register (§ 20) and data on the location of real estate and cadastral areas may also be taken from other information systems, registers, registers or public administration registers, provided that:

(a) the registration shall give rise to facts in them; or

(b) the data contained therein shall enjoy the protection of good faith in the veracity of such data. 10d)

(2) If the data in the information systems, registers, registers and registers of the public administration do not benefit from the protection of good faith, the cadastral office may compare that data with the data in the register; in the case of identified discrepancies, investigate the causes of such discrepancies and align the entries in the register with the findings of the investigation. The procedure of the cadastral office in this hearing is governed by the provisions of this Act on the correction of errors in the cadastral operator (Section 8).

(3) The Ministry of Interior or Police of the Czech Republic provides the authorities of the geographical and cadastral authorities for the exercise of their powers under this Act

(a) reference data from the population base register;

(b) data from the population registration agendas information system;

(c) data from the agency information system of foreigners.

(4) The data provided under paragraph 3 (a) are:

(a) surname;

(b) the name and, where appropriate, the names,

(c) the address of the place of stay,

(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;

(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death, or, where appropriate, the date which the data subject declared dead did not survive, and the date on which the decision was acquired;

(f) citizenship and, where appropriate, multiple citizenship.

(5) The data provided under paragraph 3 (b) shall be:

(a) the name and, where applicable, the names, surnames, surnames, including previous names and surnames;

(b) the date of birth;

(c) place and district of birth; a citizen born abroad, the place and state where he was born,

(d) birth number,

(e) citizenship and, where appropriate, multiple citizenship;

(f) the address of the place of permanent residence, including previous addresses of the place of permanent residence;

(g) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;

(h) removal or limitation of legal capacity;

(i) the birth number of the father, mother; where the birth number has not been assigned to them, their names, surnames and date of birth;

(j) the spouse's birth number; if the spouse is a natural person who is not assigned a birth number, the name and, where applicable, the name, surname of the spouse and the date of birth;

(k) the date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,

(l) the day on which the court's decision on the death declaration was given as the day of death, or the day on which the citizen declared dead did not survive.

(6) The data provided under paragraph 3 (c) shall be:

(a) the name and, where applicable, the names, surnames, surnames, including previous names and surnames;

(b) the date of birth;

(c) the place and state where the alien was born,

(d) birth number,

(e) citizenship and, where appropriate, multiple citizenship;

(f) the type and address of the place of stay;

(g) the number and validity of the residence permit;

(h) the beginning of the stay or, where appropriate, the date of termination of the stay;

(i) depriving or restricting legal capacity;

(j) the name and, where applicable, the name of the father, the mother, if they are foreigners, and their birth number; where they have not been assigned a birth number, their name, surname and date of birth,

(k) the name and, where applicable, the name of the spouse and his / her birth number; if the spouse is a foreigner who is not assigned a birth number, the name and, where applicable, the name, surname of the spouse and the date of birth;

(l) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,

(m) the date given in the court's decision on the declaration of death as the day of death, or as the day that the alien declared dead did not survive.

(7) Data which are kept as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.

(8) Only such data as are necessary to fulfil the task may be used from the data provided in a particular case.

§ 7

Revision of the cadastral data

(1) The Catastral Authority is reviewing the compliance of the data of the cadastral with the actual situation in the field. The review of the cadastral data (hereinafter referred to as "the revision of the cadastral data ') shall be announced by the relevant cadastral authority, as appropriate, to ensure compliance of the cadastral data with their actual status in the field and to carry out it with the cooperation of municipalities, public authorities and the participation of invited owners and other authorised or their representatives. If it finds a discrepancy in the cadastral data, it shall discuss the way in which it is removed.

(2) A report shall be drawn up on the outcome of the review of the register.

§ 8

Correction of errors in the cadastral operator

(1) At the written request of the owner or of another authorised person, or even of his own motion, the cadastral office shall correct the incorrect data of the cadastral which arose

(a) by obvious error in the management and restoration of the cadastral,

(b) an inaccuracy in the detailed measurement, the display of the measurement object in the cadastral map and the calculation of the area of parcels, where the limits laid down in the implementing regulation have been exceeded. 10c)

(2) The cadastral office shall correct the incorrect data of the cadastral, which have been created by errors in the documents under which they were registered, on the basis of the correction of the document by the person who has drawn up the document or who is entitled to correct the document.

(3) A repair on the basis of a proposal pursuant to paragraph 1 shall be carried out by the cadastral office within 30 days, in particular justified cases within 60 days, from the date of service of the proposal.

(4) The notification of the repair carried out or that the repair has not been carried out on a proposal because it is not an error shall be delivered by the cadastral office to the owner and to another authorised person.

(5) If, within 30 days of receipt of the notification, the owner or any other authorised cadastral office indicates that it does not agree with the repair carried out or that it is not an error, the cadastral office shall take a decision on the matter. The decision may be appealed against to the surveying and cadastral inspector whose perimeter is the property concerned.

§ 9

Verification

The Catastral Office shall verify copies or copies of the documents relating to legal relations from the collection of cadastral documents and the collection of land books. In this verification, the cadastral office shall not be responsible for the contents of the document. The Authority shall not verify a document the original or copy of which is illegible.

ČÁST TŘETÍ

OBLIGATIONS OF Owners AND OTHER AUTHORISED, CIVIL AND STATE AUTHORITIES

§ 10

(1) Owners and other authorisations are required

(a) to attend or send a representative to the call of the cadastral office;

(b) indicate within the prescribed time limit, but not less than 30 days, in a permanent manner and on its own cargo the undisputed boundaries of its parcels, unless otherwise provided for in the special regulation;

(c) to request the addition of missing data and to remove errors in the documents they produce to be entered in the register within 30 days of the date on which the invitation was received,

(d) to report to the cadastral office changes to the data relating to their real estate within 30 days of the date of their establishment and to submit a document showing the change; This obligation shall not apply to changes to the register resulting from documents which the competent authorities are obliged to send directly to the cadastral office for registration in the register,

(e) ensure that, where a decision or other measure of an administrative authority is not required for the proposed registration or amendment of the register, the competent administrative authority confirms that the information in the application corresponds to the facts,

(f) upon request, submit, within a specified period, but not less than 30 days, the relevant documents for registration in the register.

(2) Where the owner or any other authorised person does not mark the boundaries of the land referred to in paragraph 1 (b), the cadastral office may decide to designate the border as a cargo of the owner or of another authorised person. The boundaries of the parcels which are merged into larger units and the boundaries of the types of parcels between the adjacent parcels of the same owner or another creditor are not marked.

§ 11

(1) Municipality

(a) declare in their territorial area, in a regular manner, on the basis of a notification by the cadastral authority, the start of the revision and renewal of the cadastral operator, send their representatives to them, cooperate in ensuring the participation of owners and other authorised persons and provide the available information necessary for the revision of the cadastral operator and the restoration of the cadastral operator;

(b) ensure that the territorial boundaries of the municipalities are indicated on a permanent basis and that they are identified within a specified time limit at the request of the cadastral office;

(c) cooperate with the cadastral office in carrying out the review of the cadastral and in restoring the cadastral operator in the territory of the municipality;

(d) send to the cadastral office their decisions concerning immovable property issued in the exercise of a national administration under the responsibility of (11) within 30 days of the date on which the decision is taken or within 30 days of its issue; they shall be obliged, within a period to be fixed by the cadastral office, to eliminate errors in writing, counting and other obvious errors in the decisions;

(e) comment on changes in the local nomenclature.

(2) If the municipality does not mark the borders referred to in paragraph 1 (b), the cadastral office may decide to designate the borders on the cargo of the municipality.

§ 12

(1) The State authorities cooperate with the cadastral authorities in the exercise of their administration on the cadastral section. They shall, within a period to be fixed by the cadastral office in the documents they have submitted to register, remove errors in writing, counting and other obvious errors.

(2) The State authorities and municipalities shall, within their jurisdiction, provide free of charge to the cadastral authorities, upon request, the data needed for the management of the cadastral from the information systems they operate, in particular the birth and permanent residence of natural persons, the identification and residence of legal persons, the code numbers of the cadastral territories, the municipalities and their parts, and the description and registration numbers of buildings.

ČÁST ČTVRTÁ

RESOURCES OF THE CATASTRAL OPERATE

§ 13

(1) The restoration of the cadastral operator is the production of a new set of geodetic information in the form of a graphic computer file and a new set of descriptive information of the cadastral operator. It can be done

(a) new mapping;

(b) reprocessing a set of geodetic information; or

(c) on the basis of the results of the land modification.

(2) Catastral surgery is generally renewed within the scope of the cadastral territory.

(3) Restoration of the cadastral operator will be initiated by the cadastral office of its own motion. Where the renewal of a cadastral operator is to be carried out in accordance with paragraph 1 (a) or (b), the cadastral authority shall notify the municipality concerned of its initiation.

(4) When a cadastral operator is restored to the cadastral map, parcels of agricultural and forest land registered in a simplified manner in accordance with Article 29 (3) shall be added to the cadastral map provided that the quality of their original display so permits.

§ 13a

Restoration of the cadastral operator by new mapping

The renewal of the cadastral operator by new mapping shall be undertaken if the geometrical identification and location identification of the property due to a significant number of changes, lack of accuracy or the scale of the cadastral map used no longer complies with the current management of the cadastral map, or if it results in loss, destruction or damage to the cadastral operator, that it is not possible or useful to reconstruct it from documented material of the current state.

§ 14

Border tracing

(1) The detection of the progress of the cadastral operator's restoration border by new mapping according to the actual state of the field (hereinafter referred to as "border detection") is the detection of the progress of the territorial administrative units, the boundaries of the cadastral territories, the boundaries of the land and the external perimeter of the buildings. Other data contained in the cadastral can also be verified when identifying borders.

(2) The border finding shall be carried out by a commission composed of staff of the cadastral office and representatives of the municipality and other authorities designated by the cadastral office. The chairman of the commission shall be a member of the cadastral office designated by the Director of the cadastral office.

(3) The identification of borders shall be carried out with the participation of invited owners and other authorised persons or their representatives.

(4) The President of the Commission shall, when identifying the borders, draw attention to the non-compliance of the actual progress of the borders with its designation in a valid cadastral operator to all persons present.

(5) The President of the Commission shall draw up a report on the results of the border survey. The owners and other authorised persons or their representatives shall, by their signature in the Protocol, confirm their agreement to the course and designation of the ownership boundaries in the field.

(6) If there is a conflict in the claims of owners and other beneficiaries of land boundaries, those boundaries which are the contents of the cadastral operator shall be considered valid. The results of the border survey and the renewed cadastral operator shall be considered questionable.

(7) If the borders of the cadastral territory are the same as the national borders, it will provide data on their progress to the Czech office of the geometrical and cadastral Ministry of Interior.

(8) The absence of an invited owner and another authorised representative or their representative in the identification of borders does not prevent the use of the results of the border survey to produce new sets of geodetic and descriptive information.

§ 15

Restoration of the cadastral operator by reprocessing

When the cadastral operator is restored by reprocessing, the cadastral map is converted from a graphic form into a graphic computer file.

§ 15a

Restoration of the cadastral operator on the basis of the land modification results

The results of complex land modifications shall be used to restore the cadastral operator. In such a case, the determination of the shape, size and position of the property by the coordinates of the points of its borders shall be considered to be the geometric and position identification of the property according to the approved design of the land treatment. The results of a simple land modification shall be used by the cadastral renewal office if the simple land treatment is affected by a continuous part of the cadastral territory and if it considers it appropriate to manage the cadastral. The provisions of Section 16 shall not apply in the territories in which the cadastral surgery is renewed on the basis of the results of the land-based treatment.

Opposition and declaration of validity of the renewed cadastral operator

Citation	Act of the Czech National Council No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.06.1992
Effective from	01.01.1993
Effective until	-
Status	Valid

Act of the Czech National Council No. 344 / 1992 Coll.

Act of the Czech National Council on the cadastral property of the Czech Republic (cadastral law)

Contents