Decree No. 354 / 2015 Coll.
Decree amending Decree No. 358 / 2013 Coll., on the provision of data from the Real Estate Register
Valid
Order
Effective from 01.01.2016
Text versions:
01.01.2016
21.12.2015
354
DECLARATION
of 11 December 2015
amending Decree No 358 / 2013 Coll., on the provision of data from the Real Estate Register
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, is amended as follows:
1. in Paragraph 3 (d):
"(d) simple copies of documents in paper form or simple outputs resulting from the transfer of documents in electronic form into paper form from the collection of documents of the register (Section 8),";
2. Paragraph 4 (1) reads as follows:
"(1) The cadastral data are provided by the cadastral authorities on real estate within the territorial area. From the territory of the whole Czech Republic, the cadastral authorities provide data according to:
(a) Article 6 (3) (a) and (b);
(b) Article 6 (3) (c) in the case of a cadastral map in digital form;
(c) Article 7 (1), where available in electronic form;
(d) Article 8, if available in electronic form;
(e) Sections 10 and 15. ';
3. In Article 5, the words "the data of the cadastral map obtained by means of a viewing or downloading service may be extracted at the end of the text of paragraph 3. Such applications and services shall be provided in accordance with conditions which the Office shall publish on its website. ';
4. In Article 6, the sentence "The identification of parcels shall not be provided in the cadastral territories or parts thereof in which the cadastral operator has been restored on the basis of the results of complex land modifications."
(5) Sections 7 and 8, including footnotes 6 and 11, read:
Verified copies of documents in paper form, certified outputs resulting from the transfer of documents in paper or electronic form, or certified duplicate documents in electronic form from a collection of documents in the register
(1) The catastral authorities shall, upon request, draw up a certified copy of the document in paper form or a certified output resulting from the transfer of the document in electronic form.
(2) The identity of the applicant shall be deemed to have been established if the request for data from the register documents was made
(a) submitted through the applicant's data box;
(b) accompanied by a recognised electronic signature of the applicant based on a qualified certificate containing an indication that allows for the unambiguous identification of the signatory (11), if the applicant is a natural person,
(c) bear an officially certified signature of the applicant if the applicant is a natural person,
(d) signed by a natural person acting as an applicant in accordance with (b) or (c) if the applicant is a legal person;
(e) be stamped and signed by an authorised official, if the applicant is a public authority or an organisational body of the State; or
(f) submitted with an application to send the result of the operation to the address of the applicant's registered office indicated in a commercial or other legal register or in a list kept by the Notary Chamber or the Czech Bar Chamber (6).
(3) A copy of the document in paper form from the catalogue of documents shall be marked with the word "Copy." The copy shall be accompanied by a verification clause containing:
(a) the following text: "The copy conforms to the document deposited in the catalogue collection,"
(b) an indication of the number of pages of the copy;
(c) an indication of whether the copy is complete or partial;
(d) the number of the procedure for the provision of data from the register;
(e) date,
(f) the stamp of the cadastral office with a small State emblem; and
(g) the name and surname of the staff member of the cadastral office making out the copy and his signature.
In addition, the copy shall be accompanied by a stamp or a clause on payment of the administrative fee by another means or by an exemption from the administrative charge (1).
(4) Verified outputs resulting from the transfer of documents in paper form or certified duplicates of documents in electronic form from the collection of documents in the register shall be provided by remote access; when providing outputs and duplicates, the provisions of paragraph 3 shall apply mutatis mutandis.
Simple copies of documents in paper form or simple outputs resulting from the transfer of documents in electronic form to paper form from the collection of documents in the register
(1) The Catastral Office shall, upon request, produce a simple copy of the document in paper form from the collection of the documents of the register or provide the output resulting from the transfer of the documents in electronic form; Article 7 (2) shall apply mutatis mutandis to the demonstration of identity.
(2) A simple copy of the documents in paper form and of the outputs resulting from the transfer of the documents in electronic form to the paper form from the collection of the documents of the register shall be made available for payment as set out in Annex 1 to this Order.
11) Article 63 (3) of Act No. 117 / 1995 Coll., on State Social Support, as amended by Act No. 366 / 2011 Coll. § 1 of Decree No. 212 / 2012 Coll., on the structure of the data on which it is possible to clearly identify the signatory, and procedures for verifying the validity of the guaranteed electronic signature, the electronic label, the qualified certificate, the qualified system certificate and the qualified time stamp (the certificate on the validity of the guaranteed electronic signature).
6) Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended. Act No. 85 / 1996 Coll., on advocacy, as amended. '
6. In Article 10 (2), the words "Article 7 (2) shall apply mutatis mutandis" shall be replaced by the words "Article 7 (2) shall apply mutatis mutandis to the proof of identity."
7. In Article 10 (3), the first sentence is deleted and the words "to be indicated 'are replaced by the words" to be indicated on the print output'.
8. In Article 11, the following paragraph 1 is added:
"(1) The Office shall, from the data contained in the register kept in electronic form, provide, by remote access, outputs of such content and arrangements as allow for the cadastral information system. ';
Paragraphs 1 to 7 shall be renumbered paragraphs 2 to 8.
9. Paragraph 11 (2) reads as follows:
"(2) The Office shall provide remote access to the data of the register upon written request. The application shall be made on a form the model of which is published on the Office's website. When demonstrating the identity of the applicant for access to the data of the instrument collection, the Office shall proceed mutatis mutandis in accordance with Article 7 (2). ';
10. in Article 11 (5), "1 to 3" is replaced by "2 to 4";
11. In Article 15, the following paragraph 3 is inserted after paragraph 2:
"(3) When providing data on the property prices achieved, Article 7 (2) shall apply mutatis mutandis for the demonstration of identity. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
12. In Article 15 (4), the words "and data on proposed changes in the cadastral map not yet implemented 'shall be inserted after the words" digital form'.
13. Paragraph 15 (7) reads:
"(7) Raster data of the cadastral map shall only be provided once per calendar year to the territorial authorities referred to in Article 55 (5) of the cadastral law if they contain changes to the last copy provided in accordance with Article 9 or the last data provided to the cadastral map. '
14. In Article 16, the following paragraph 2 is inserted after paragraph 1:
"(2) A copy of the cadastral map with an indicative plot of land holdings according to previous land records shall not be provided in the cadastral territories or parts thereof in which the land registration is completely removed in a simplified manner. ';
Paragraph 2 shall become paragraph 3.
15. Paragraph 20 (1) reads:
"(1) The establishment of a change monitoring service shall be subject to proof of the identity of the applicant. The identity of the applicant shall be deemed to be established in accordance with Article 7 (2) or, where an application for the provision of a change monitoring service has been submitted to the Office by means of an application accessible in a way that allows remote access and the applicant has a data box set up and made available. When submitting an application by personal means through the cadastral office, the cadastral office shall verify the identity of the applicant according to the identity card. The same procedure shall apply in the event of a change in the contact details for sending information. ';
16. In Paragraph 20 (2), in the sentence, the fourth word "applicant 'is replaced by" user'.
17. in Paragraph 20 (3), the word "participant" shall be replaced by "user."
18.Paragraph 23 (1) reads as follows:
"(1) Data obtained from the cadastral system, with the exception of data from the cadastral map in digital form and data from the cadastral map obtained by means of a view or download service, may be disseminated only with the consent of the Authority or the cadastral office, granted upon written request. ';
19. In Article 23, the following paragraph 2 is inserted after paragraph 1:
"(2) The data of the cadastral map in digital form and data of the cadastral map obtained by means of the viewing or download services may only be disseminated together with their metadata. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
20.
"Annex No 1 to Decree No 358 / 2013 Coll.
Provision of simple copies of documents in paper form and simple outputs resulting from the transfer of documents in electronic form into paper form from the collection of documents in the register (§ 8)
| Položka | Specifikace | Měrná jednotka (MJ) | Úplata za MJ |
|---|---|---|---|
| 1001 | Prostá kopie, výstup podle § 7 odst. 1 | formát A4 | 20 Kč |
Note:
The remuneration under item 1001 shall be reduced by 100% to the public authorities and public funds. ';
21. In Annex 2, entry 2007 and Annex 3, entry 3002, the comma is replaced by "a 'and the words" and copies of geometric plans' are deleted.
22. in Annex 3, the following footnote (c) is inserted after note (b):
"(c) The printing output of the geometrical plan according to item 3002 shall be marked with the word" Copy. "';
Notes (c) to (e) shall be renumbered (d) to (f).
23. In Annex 4, the following entries 4020 to 4022 are added:
„
“.
| 4020 | Ověřený výstup nebo duplikát listiny ze sbírky listin katastru | formát A4 | 10 Kč |
| 4021 | Údaje o dosažených cenách nemovitostí podle nemovitostí | formát A4 | 50 Kč |
| 4022 | Údaje o dosažených cenách nemovitostí podle řízení | formát A4 | 50 Kč |
24. in Annex 4, the following footnote (f) is inserted after footnote (e):
"(f) The maximum payment according to item 4020 is CZK 300."
Note (f) shall be renumbered as footnote (g).
25. In Annex 5, item 5001, the words "each 20 parcels, buildings or flats and non-residential premises (including built-up areas) started 'are replaced by the words" ownership sheet'.
26. In Annex 5, the following entries 5010 and 5011 are added:
„
“.
| 5010 | Údaje o dosažených cenách nemovitostí podle nemovitostí | výstup | 50 Kč |
| 5011 | Údaje o dosažených cenách nemovitostí podle řízení | výstup | 50 Kč |
27. in Annex 5, note (b) shall read:
"(b) The output referred to in headings 5006 to 5008 and 5011 shall mean data from the information system relating to one person or one procedure provided on request. The output referred to in item 5010 shall mean data from the information system relating to properties registered in one cadastral territory, provided on request. ';
28. In Annex 6, note (m), the words ", data on the cadastral map, including their metadata, obtained by means of a viewing or downloading service 'shall be inserted after the word" land'.
29. in Annex 6, the following footnote (n) is inserted after footnote (m):
"(n) Price data shall be provided exclusively as part of items 6002, 6004 and 6006 of the SPI data, the remuneration for SPI data shall not be increased by adding them.";
Notes (n) to (s) shall be renumbered as notes (o) to (t).
30. in Annex 6, footnote (s) shall read:
"(s) Reimbursement under heading 6007 shall be charged only if the data are provided by the Office or by 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. ';
Efficacy
This Decision shall enter into force on 1 January 2016.
Chairman:
Ing. Dinner v. r.
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Regulation Information
| Citation | Decree No. 354 / 2015 Coll., amending Decree No. 358 / 2013 Coll., on the provision of data from the Real Estate Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.12.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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