What is Act No. 36 / 2025 Coll.?

Act No. 36 / 2025 Coll., amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and certain other laws — Act amending Act No. 219 / 2000 Coll., on assets of the Czech Republic and its presentation in legal relations, as amended, and some other laws.

When it became Act No. 36 / 2025 Coll. effectiveness?

Act No. 36 / 2025 Coll. became effective 01.03.2025.

Is Act No. 36 / 2025 Coll. still valid?

Yes, Act No. 36 / 2025 Coll. is still valid and effective.

Act No. 36 / 2025 Coll. - Act amending Act No. 219 / 2000 Coll., o...

36

THE LAW

of 21 January 2025

amending Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations

Čl. I

Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2011, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2011, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20 / 2016, Act No. 20, Act No. 20 / 2011, Act, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2010, Act No. 20, Act No. 20, Act No. 20 / 2010,

1. In Paragraph 11, the dot is replaced by a comma at the end of paragraph 1 and the following point (g) is added:

"(g) shares admitted to trading on a European regulated market shall be held by the Ministry of Finance."

2. In the first sentence of Paragraph 14a (4), "registered 'is replaced by" registered' and a comma is inserted after "buildings'.

3. In Article 14a (5), the words ", the Supreme Audit Office 'shall be inserted after the words" the Senate';

4. The following Section 14c is inserted after Section 14b:

„§ 14c

(1) The Office shall verify the compliance of the data kept in the central register of administrative buildings with the actual situation ("verification"). To this end, the Office shall carry out inspections of buildings and other related immovable property or parts thereof referred to in Section 14a (1) and shall require documents from which the data held in the central register of administrative buildings can be verified. The relevant organisational body shall make these inspections available and provide the Office's documents free of charge. The Office shall not inspect the buildings with which the Supreme Audit Office is responsible.

(2) The Authority shall inform the relevant organisational body of the conduct of the inspection at least 30 days before its commencement.

(3) The verification shall be carried out by a natural person who has been authorised by the Director-General of the Office in writing (hereinafter referred to as "the validator"). In the context of verification, the verifier shall be entitled to make the necessary measurements and to make image or audio recordings. The relevant organisational body shall establish the conditions for carrying out the verification and provide the necessary synergies.

(4) The Office shall make a written record of the verification carried out, which it shall send to the relevant organisational body.

(5) The Office does not have a supervisory authority under this Act or under the control rules when verifying its status.

(6) The identified non-compliance between the data registered in the central register of administrative buildings and the actual situation shall be eliminated by the relevant organisational body without undue delay. If the relevant organisational component does not remove the identified non-compliance within a reasonable period of time or does not communicate to the Office the reasons which make it impossible to eliminate the identified non-compliance, the Office shall initiate the Ministry of Finance to carry out an inspection under this Act. ';

5. In Article 19b (1), the words "or the procedure laid down in Article 22 (5), fifth or sixth sentences of the third sentence shall be inserted after the words" Article 14b '.

6. In the first sentence of Paragraph 19b (2), the words "or ingestion 'shall be replaced by the words", ingestion or offer it to take over'.

7. In Paragraph 19b (6), the word "registered 'is replaced by" registered'.

8. In the first sentence of Paragraph 19c (1), the words "to take over 'shall be inserted after the words" Offer'.

9. In Paragraph 20 (4), the words "not covered by the administrative rules (34) 'are replaced by the words" not to apply the administrative rules'.

footnote 34 is deleted.

10. in Article 21 (1), the words "the sale of goods in trade or other 'are deleted and the words" 22 and' are replaced by the words "21a to ';

11. in Article 21 (2), the words "paragraphs 21a to 21c" shall be inserted after the words "the provisions."

12. The following Sections 21a to 21c are inserted after Section 21, including the headings and footnotes 98 to 101:

„§ 21a

Transfers of ownership to local authorities

(1) If a tangible real estate item becomes permanently unnecessary for the State, the relevant organisational body shall, via the Office's website, inform the local authorities of its intention to dispose of it. This does not apply if it is a tangible real estate

(a) located abroad;

(b) intended for exchange;

(c) subject to Paragraph 60a; or

(d) to which the procedure laid down in Article 14b has been applied.

(2) The transfer of the tangible property referred to in Article 21b (1) or Article 21c (1) to the ownership of natural or other legal persons may be carried out only after it has not informed the legitimate local authority referred to in Article 21b (1) or Article 21c (1) of the relevant organisational body within 2 months of the publication of the information referred to in paragraph 1 that it is interested in the transfer. The restriction shall not apply if the authorised territorial unit informs the relevant organisational body that it is not interested in the transfer.

(3) The communication referred to in paragraph 2 shall be made via the Office's website.

(4) If they express an interest in the transfer of several authorised local authorities pursuant to Article 21b (1) or Article 21c (1), and do not communicate them within one month of the date of expiry of the deadline for expressing interest in the transfer, that they have agreed to negotiate with the relevant organisational body, the relevant organisational body shall deal with the territorial unit in whose territory the tangible real estate is situated. If both the municipality and the county are interested in the transfer, the relevant organizational body shall deal with the municipality. If a legitimate territorial body cannot be identified, the relevant organisational body shall deal with a territorial body which has shown an interest in the transfer first. This shall not apply in the case of the procedure under Paragraph 21c (1) (e).

(5) The relevant organisational body shall make a proposal for the conclusion of a contract against a legitimate local authority which has expressed an interest in the transfer. The application for conclusion of the contract may be withdrawn.

(6) Where an authorised local authority does not have an interest in the transfer referred to in paragraph 2 in the cases referred to in Article 21b (1) or Article 21c (1) within the prescribed period or within the same time limit, it shall notify that it is not interested in the transfer, or if it does not accept a proposal for the conclusion of a contract within 4 months of the date on which it has been acquired, the local authority shall cease to exist and the relevant organisational body shall dispose of the material property under this law. This is without prejudice to the possibility of transferring the land to the property of a local authority pursuant to § 22.

§ 21b

Free transfers to local authorities

(1) Where the territorial unit referred to in points (a) to (h) shows an interest in the transfer provided for in Article 21a (2) and provided that third parties' rights are not prevented from doing so, the relevant organisational body shall send it a proposal for a free transfer

(a) the road parcel on which the local road body, which complies with the Road Law 38a) is situated, is owned by the municipality,

(b) the road parcel on which the body of the road, which complies with the Road Law 38a) owned by the county, is situated in the possession of that legitimate county;

(c) land designated by land planning documentation for the establishment or extension of public funeral98) owned by the authorised municipality which is or will be the operator of that public burial site;

(d) built-in building land (99), on which the public utility building (100) was carried out, owned by a municipality or region, owned by that authorised municipality or that region;

(e) land designated by the land planning documentation for the implementation of the public utility construction (100), owned by the authorised municipality, which is the builder of the given public utility building, or by the authorised region, which is the builder of the given public utility building;

(f) the land designated by the territorial planning documentation for the implementation of the public utility measure (101), or already used for that purpose, in the ownership of the authorised municipality which implements the public utility measure or in the ownership of the beneficiary region;

(g) land in a built-up area or in a built-up area designated by the planning documents for the implementation of public green or already used for that purpose, to the property of the authorised municipality in whose territory the land is situated;

(h) land within the territory of the natural reserve, the natural heritage or its protection zone in whose territory the regional authority provides for the care and administration of the land under the Nature and Landscape Conservation Act, to the property of the legitimate region in whose territory the land is situated.

(2) In the event that a part of the land registered in the land register is built on the infrastructure, only that part determined by the geometrical plan shall be transferred, whereby the cost of drawing up the geometrical plan for the distribution of the land referred to in paragraph 1 (a) shall be borne by the municipality and by the county referred to in paragraph 1 (b).

(3) The contract for the free transfer of land to the property of a local authority referred to in paragraph 1 (c) to (g) must contain the following arrangements in relation to the grant of public aid:

(a) the prohibition of disposal established for the benefit of the State as a right in rem, with the exception of the transfer of land to another territorial unit, provided that the purpose of the transfer continues to be fulfilled and that the restrictive conditions also apply to the acquirer;

(b) a prohibition on the burden imposed for the benefit of the State as a right in kind, except where the service of the civil engineering network, the service of the route or the service of the journey is to be contracted to the extent necessary to ensure the necessary access of a third party to the tangible immovable property held by it;

(c) restrictions on the use of the land transferred in such a way as not to infringe public aid legislation;

(d) an undertaking by the local authority that, in the event of a change in the planning documents which would not allow the main functional use of the area to be completed, the purpose of the transfer of the land referred to in paragraph 1, on the basis of which the transfer of the land to the local authority would have been free of charge, would not have allowed the territorial authority to fulfil the conditions of paragraph 1 (c) to (g), the local authority shall inform the relevant organisational body within 3 months of the entry into force of the change in the territorial planning documents; and

(e) the obligation of the local authority to transfer the land free of charge within 3 months of the notification of the relevant organisational component to that component and, if this is not possible or if the relevant organisational body chooses to do so instead of re-transfer, shall provide the relevant organisational body with a cash compensation equal to the determined price of the land determined under the law governing the valuation of the property (17) effective at the date of conclusion of the contract to the local authority and according to the current use of the land, provided that, as a result, the price is higher than at the time of conclusion of the contract. The financial compensation shall be determined by the relevant organisational body on the basis of the expert opinion and shall include the cost of drawing up the expert opinion.

(4) The contract for the free transfer of land to the property of a local authority referred to in paragraph 1 (h) must include, in the context of the granting of public aid, the arrangements referred to in paragraph 3 (a) to (c).

(5) The restrictions referred to in paragraph 3 shall be agreed for a period of 10 years from the date of the transfer of ownership of the land concerned to the cadastral for the benefit of the local authority. The restrictions referred to in paragraph 4 shall always be agreed for the duration of the protection of natural reserves or natural monuments or their protection zones under the Nature and Landscape Conservation Act, but for a period of at least 10 years from the date of the transfer of ownership of the land concerned to the property register for the benefit of the territorial authority.

(6) Paragraph 22 (4), (6) and (7) shall not apply to transfers under paragraph 1. Paragraph 12 (2) shall not apply in the case of the reverse transfer referred to in paragraph 3 (e).

§ 21c

Repayment of transfers to local authorities

(1) Where the territorial unit referred to in points (a) to (f) shows an interest in the transfer pursuant to Article 21a (2) and provided that third parties' rights are not prevented from doing so, the relevant organisational body shall send it a draft transfer contract

(a) the land on which the building is registered in the real estate register and which is the tangible property of the municipality or region, is owned by that authorised municipality or region;

(b) buildings which are registered in the cadastral of real estate and which have been carried out on land owned by a municipality or region, to the property of that authorised municipality or region;

(c) land which is determined by a final decision authorising the construction of a construction site, the municipality or region of which is the construction site, to be owned by that authorised municipality or this authorised region;

(d) land which constitutes the sole access to a tangible real estate property owned by a municipality or region to the property of that authorised municipality or region;

(e) a joint ownership interest in a tangible real estate case in which the municipality or region is co-owner, to the ownership of that authorised municipality or region;

(f) land which is used in accordance with a land plan or regulatory plan as a public area in the form of a square, street, market or pavement which is not separate local roads or parts thereof, to the property of the authorised municipality in whose territory the land is situated.

(2) The relevant organisational body shall determine the purchase price for the transfers referred to in paragraph 1 on the basis of an expert opinion. The purchase price shall be determined at the level of the price usual under the law governing the valuation of property (17). If the normal price cannot be determined, the purchase price shall be determined in accordance with the law governing the valuation of property (17). The purchase price shall be added to the cost of drawing up the expert opinion, the geometrical plan and the energy performance certificate.

(3) Paragraph 22 (2), (4), (6) and (7) shall not apply to transfers under paragraph 1.

98) Act No. 256 / 2001 Coll., on burial and amending certain laws, as amended.

99) § 12 (c) of Act No. 283 / 2021 Coll., Construction Act.

100) Paragraph 11 (1) of Act No. 283 / 2021 Coll., Construction Act.

101) § 11 (2) of Act No. 283 / 2021 Coll., Construction Act. '

13. In Paragraph 22 (1), the last sentence is replaced by the following: "Direct sales to a selected person or to an exchange may be made in justified cases or provided for in specific legislation or by such law. The exchange may be carried out if the conditions of this Act for the acquisition and transfer of property are respected. '

14. In Paragraph 22, at the end of paragraph 3, the words "or this law 'shall be added.

15. in Paragraph 22 (4) (a), the word "separate" shall be deleted;

16. in Paragraph 22 (4) (d), the word 'goods' is replaced by 'collections of a museum nature' and the words' or 6 'are deleted;

17. in Article 22 (4) (g), "200" is replaced by "500" and after the word "construction," the words "registered in the property register," shall be inserted;

18. in Article 22 (5) and (6):

"(5) Approval by the Ministry of Culture requires the transfer of a material movable item declared a cultural monument and the transfer of a collection of museums. Where a tangible real estate item declared a cultural monument is transferred, its transfer shall require approval by the Ministry of Finance at all times, except for the transfer of a road plot pursuant to paragraph 4 (i). If a cultural monument is only a building that is not a separate matter, approval by the Ministry of Finance requires the transfer of a tangible real estate item to which the cultural monument is part. The Ministry of Culture shall issue an opinion on the transfer under the second and third sentences in respect of its competence. If the opinion is disagreeable, the Ministry of Culture shall immediately take over the transferred tangible immovable property without charge. With this property, the Ministry of Culture is competent to manage pursuant to § 9.

(6) Where a land is transferred in a specially protected territory and its protection zone or a building which is registered in a property register if it is established on a land in a specially protected territory and its protection zone, the transfer of such land shall require approval by the Ministry of Finance at all times, unless the transfer of a road parcel is required under paragraph 4 (i). For the transfer, the Ministry of the Environment will issue an opinion on the transfer under the Nature and Landscape Conservation Act. If the opinion is disagreeable, it will immediately take over the transferred tangible property matter free of charge according to its territorial competence of the Czech Nature and Landscape Protection Agency or the administration of the national park. With this property, the Agency for the Conservation of the Nature and Landscape of the Czech Republic or the administration of the National Park is responsible for the management of the National Park pursuant to § 9. "

19. in Paragraph 25a (3), the first sentence is replaced by the sentence "The transfer of the building right requires approval by the Ministry of Finance. If a building is part of the building right, which is a cultural monument, the Ministry of Culture will issue an opinion on the transfer of the building right from the point of view of its competence. If the opinion is disagreeable, the Ministry of Culture shall immediately assume the transferred right of construction free of charge. With this property, the Ministry of Culture is competent to manage according to § 9. '

20. In Article 30, the following paragraph 4 is added:

"(4) If the State acquires or shares in the property, it does not become a member of the company. Such hunting grounds shall acquire the status of associated parcels recognised by the social chase. ';

21. In Paragraph 35 (2), "CZK 1 000" is replaced by "CZK 3 000."

22. In Paragraph 44, the following sentence is added at the end of paragraph 2: "In cases of approval under § 22 (5), second and third sentences and § 25a (3), the consent of the Ministry of Culture is attached to the application. In cases of approval pursuant to § 22 (6), the application shall be accompanied by the consent of the Ministry of the Environment. The administrative rules shall not apply to the issue of an opinion and the opinion shall not be subject to review by the court. ';

23. In Paragraph 44 (3), the following sentence is inserted after the second sentence: "In the case of property abroad, an exemption is permitted and approval is granted before the conclusion of a contract or other legal act."

24. In Article 55 (1), at the end of the second sentence, the words "and Articles 14a to 14c shall apply mutatis mutandis to them 'shall be added.

Čl. II

Transitional provisions

1. If legal action was required under Act No. 219 / 2000 Coll., as effective before the date of entry into force of this Act, approval and approval were not granted before the date of entry into force of this Act and the need for approval had expired on the date of entry into force of this Act without compensation, then the legal action took place on the date of entry into force of this Act and this legal act is valid unless it shows the will of another defect and does not prevent the validity of the legal act from other legal fact.

2. If the legal act to transfer the State's assets before the date of entry into force of this Act was made and submitted for approval to the competent authorising officer pursuant to § 22 (5) and (6) or § 25a (3) of Act No. 219 / 2000 Coll., as effective before the date of entry into force of this Act, the Act No. 219 / 2000 Coll., as effective before the date of entry into force of the Act, shall be followed.

3. In the case of changes to legal acts which were subject to approval pursuant to § 22 (5) or (6) and § 25a (3) of Act No. 219 / 2000 Coll., as effective before the date of entry into force of the Act, implemented from the date of entry into force of the Act, the Act No. 219 / 2000 Coll., as effective from the date of entry into force of the Act, shall be followed.

4. If, in the case of property abroad, a contract or other legal act has been concluded before the date of entry into force of this Act, the procedure laid down in Article 44 (3) of Act No. 219 / 2000 Coll., as effective before the date of entry into force of this Act, shall be followed.

5. The procedure provided for in Sections 21a to 21c of Act No. 219 / 2000 Coll., as effective from the date of entry into force of this Act, shall not apply where the contract for the transfer of tangible immovable property has already been concluded or legal proceedings have been carried out before the date of entry into force of this Act.

6. Paragraph 21c (1) (c) of Act No. 219 / 2000 Coll., as effective from the date of entry into force of this Act, shall also apply to the land intended for the location of the construction by decision under Act No. 183 / 2006 Coll., on zoning and construction regulations (Construction Act), as amended, if the builder is a municipality or region.

7. In the case of a procedure under § 21a to 21c of Act No. 219 / 2000 Coll., as effective from the date of entry into force of the Act, the pre-purchase right established under § 101 of Act No. 183 / 2006 Coll., as amended, if the person entitled under § 21b or 21c of the Act No. 219 / 2000 Coll., as effective from the date of entry into force of the Act, is identical to the person of the subscriber pursuant to Act No. 183 / 2006 Coll., as amended.

8. The membership of the State in the hunting community shall cease on the date of entry into force of this Act. The provisions of Paragraph 30 (4) of Act No 219 / 2000 Coll., as effective from the date of entry into force of this Act, shall apply mutatis mutandis to the affiliation and joint ownership shares of the property with which the organisational component of the State or the state organisation, to which Act No 219 / 2000 Coll., applies, applies. Law No. 449 / 2001 Coll., on hunting, as amended, shall apply to determine the right to the share of settlement.

ČÁST DRUHÁ

Amendment of the Act on the transition of certain items from the property of the Czech Republic to ownership of municipalities

Čl. III

In § 1 of Act No. 172 / 1991 Coll., on the transition of certain items from the property of the Czech Republic to the ownership of municipalities, the following paragraph 4 is added:

"(4) If, on 1 March 2025, the municipality is registered as owner in the real estate register of the items referred to in paragraphs 1 and 2, the municipality and the capital of Prague shall be deemed to have operated with them on the effective date of the Act. '

Čl. IV

Transitional provision

In the case of proceedings brought before the courts before 1 March 2025, Paragraph 1 (4) of Act No. 172 / 1991 Coll., as effective from the date of entry into force of this Act, shall not apply.

ČÁST TŘETÍ

Amendment of the Nature and Landscape Conservation Act

Čl. V

Act No. 20 / 20, No. 20 / 2015, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 15, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 20, Act No. 20 / 15, Act No. 20 / 05, Act No. 20 / 05, Act No. 20 / 05, Act No. 20 / 05, Act No. 20 / 2008 Coll.

1. Paragraph 23 shall be deleted, including the title.

(2) Paragraph 32, including the title and footnote 13, shall be deleted.

3. Paragraph 33 (2) is deleted.

Paragraph 3 shall become paragraph 2.

4. Paragraph 35 (3) is deleted.

5. Paragraph 36 (3) is deleted.

6. In Paragraph 61 (1), the words "without delay 'and the words" according to each cadastral territory and the reason for the pre-sale right' are deleted.

7. In Section 61a, the first and second sentences are replaced by the following: "The organisational component of the state or state organisation to which the law on the property of the Czech Republic and its appearance in legal relations applies may leave the land for the purpose of safeguarding the interests of nature and landscape as referred to in Section 2 to the use or consumption of a natural or legal person if this leads to the fulfilment of the interests of nature and landscape protection and to the restoration or maintenance of the natural environment. The terms and conditions of use or use of the land shall be explicitly stated in the contract. ';

8. In Section 61a, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) If there are real estate matters under Section 1 of the Act on the treatment of property relations with land and other agricultural assets which serve farming or ponds, Section 27 of the Act on the property of the Czech Republic and its presentation in legal relations does not apply. User relations with agricultural land within the competence of the Agency or the administration of a national park shall be based on conditions and restrictions for their tenants or smugglers when using or enjoying them under the responsibility of the Agency or the administration of a national park under this law. The amount of the annual remuneration for the use or consumption of land within the jurisdiction of the Agency or the administration of the National Park which constitutes or belongs to the Agricultural Soil Fund shall be determined by the Ministry of Agriculture by decree issued pursuant to Act No. 503 / 2012 Coll., on the State Land Office and on the amendment of certain related laws. '

9. The following Section 61b is inserted after Section 61a, including the title and footnote 69:

„§ 61b

Expropriation of State-owned land and buildings in specially protected territories

(1) State-owned land situated in the territory of national parks, national nature reserves and national natural heritage cannot be sold, donated or otherwise transferred, whether or not in full, to another person. Contrary to this, legal proceedings are invalid. The Court of First Instance shall also take into account its own motion for annulment.

(2) The prohibition of transfer provided for in paragraph 1 shall not apply to:

(a) a built construction site (69) on which a building registered in the real estate register was built;

(b) the joint ownership of the State in the land referred to in paragraph 1;

(c) land exchanges justified by the achievement of the conservation objectives of nature and landscape under this law;

(d) land of which the administration of the national park or Agency has decided to be permanently unneeded under the law on the property of the Czech Republic and its appearance in legal relations;

(e) road land on which the body of the road, which is owned by the county under the Road Act, or the body of the local road which is owned by the municipality under the Road Act, is situated, in the case of the transfer of the land to the municipality,

(f) a road parcel for which, due to a change in the category or class of infrastructure, a transfer takes place to the property of a person to be the owner of the infrastructure with the changed category or class,

(g) land subject to land adjustment proceedings.

(3) In respect of the transfers referred to in paragraph 2 (a) to (e), the opinion of the Ministry of the Environment is required.

(4) The corresponding opinion of the Ministry of the Environment is also needed on the transfer

(a) land owned by a State situated on the territory of a protected landscape area, a natural reserve or a natural monument, with the exception of road land referred to in paragraph 2 (f) and land subject to land modification proceedings;

(b) land owned by a State situated in the protection zone of a specially protected territory, with the exception of road land as referred to in paragraph 2 (f) and land under land treatment;

(c) State-owned buildings which are registered in the cadastral of real estate and are established on land in the specially protected territory or its protection zone, with the exception of buildings set up on land subject to land modification proceedings.

(5) The unanimous opinion referred to in paragraphs 3 and 4 shall also be required where the immovable property lies only partially in the specially protected territory or its protection zone.

(6) The unanimous opinion referred to in paragraphs 3 and 4 shall be subject to the validity of the legal act which takes place. It shall be issued in written form by the Ministry of the Environment on a case-by-case basis on the basis of a reasoned and substantiated request from the relevant organisational body of the State, State Organisation or other entity managing the State property. The consistent opinion of the Ministry of the Environment shall be delivered only if it is not a land or construction which is necessary for the purposes of the protection of a specially protected area. The administrative rules shall not apply to the issue of an opinion and the opinion shall not be subject to review by the court.

(7) The consistent opinion referred to in paragraph 4 shall not be required for the transfer of land and buildings under the Law on the State Land Office, the Act on the treatment of property relations with land and other agricultural assets and the Act on the conditions for the transfer of State property to other persons, except for the transfer of land situated in the territory of natural reserves and natural monuments.

69) § 12 (c) of Act No. 283 / 2021 Coll., Construction Act, as amended. '

10. In Paragraph 77, the following paragraph 3 is inserted after paragraph 2:

"(3) The municipal authorities of the municipalities with extended scope shall lay down the conditions for the protection of interests under this Law in land-modification proceedings, unless another nature conservation authority is competent. '.

Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.

11. in § 79 (3) (i):

"(i) deliver an opinion on the legal conduct of the transfer of immovable property in specially protected territories or their protection zones pursuant to Article 61b (3) to (7);"

Čl. VI

Transitional provisions

1. The Ministry of the Environment shall submit a proposal for the registration of the right to purchase in the Land Register pursuant to § 61 (1) of Act No. 114 / 1992 Coll., as effective from the date of entry into force of this Act, until the end of the calendar year following the year in which the definition of the built-up territory of the municipalities in the territory of national parks, national nature reserves and national natural monuments was inserted into the national geographic planning portal.

2. The procedure provided for in Article 61b (1) to (7) of Act No. 114 / 1992 Coll., as effective from the date of entry into force of this Act, shall not apply if the legal proceedings for the transfer of the State's assets were made and submitted for approval before the date of entry into force of this Act pursuant to Act No. 219 / 2000 Coll., as effective before the date of entry into force of the Act.

3. The exemption from the prohibition of disposal provided for in Article 61b (2) (d) of Act No. 114 / 1992 Coll., as effective from the date of entry into force of this Act, may also apply to land whose permanent inusability was decided before the date of entry into force of this Act.

ČÁST ČTVRTÁ

Amendment of the State Enterprise Act

Čl. VII

In Act No. 77 / 1997 Coll., on a State Company, as amended by Act No. 30 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 103 / 2001 Coll., Act No. 77 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 480 / 2003 Coll., Act No. 110 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 213 / 2013 Coll., Act No. 319 / 2015 Coll., Act No. 253 / 2016 Coll., Act No. 471 / 2022 Coll., Act No. 254 / 2023 Coll., Act No. 349 / 2023 Coll., is inserted under § 17e, which reads:

„§ 17f

Where this is necessary for the performance of critical infrastructure or State functions in the exercise of public authority functions involving an undertaking and a legal person in which the undertaking has a participating interest and in which the assets necessary for the performance of those activities have been transferred or transferred, the founder may provide that the undertaking and the legal person are required for a transitional period, but not more than 36 months from the effective date of the transfer or transfer of such assets, to cooperate in the provision of such activities, specifying the extent and conditions of such cooperation. The Founder may decide on the earlier termination of the cooperation if it is no longer necessary to ensure the activities referred to in the first sentence. The procedure provided for in this paragraph shall comply with the rules on public aid and the rules on public procurement. ';

ČÁST PÁTÁ

Amendment to the Municipality Act

Čl. VIII

Act No. 20 / 2011, No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act, Act No. 20, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 15, Act No. 20

1. in Paragraph 39, the following paragraph 4 is added:

"(4) Paragraphs 1 and 2 shall not apply in the case of a procedure under § 39a to 39c and in the case of a retransfer of assets by the State pursuant to § 21b (3) (e) of the Act on the assets of the Czech Republic and its presentation in legal relations."

2. The following Sections 39a to 39c are inserted after Section 39, including the headings and footnotes No 61:

„§ 39a

Transfers of ownership to State

(1) The municipality shall inform the organizational departments of the State, the state organization to which the law on the property of the Czech Republic and its presentation in legal relations (hereinafter referred to as the "State Organisation") applies, and the Road and Motorway Directorate (hereinafter referred to as the "Road and Motorway Directorate") (hereinafter referred to as the "Road and Motorway Directorate (hereinafter referred to as the" Road and Motorway Directorate ") (hereinafter referred to as the" Road and Motorway Directorate ") (hereinafter referred to as the" Road and Motorway Directorate) (hereinafter referred to as the website of the Office for the Representation of the State of Property "on the intention to dispose of the material property referred to in § 39b (1) or § 39c (1). This shall not apply if it is a tangible immovable item intended for exchange.

(2) The transfer of the tangible real estate referred to in Articles 39b (1) and 39c (1) to another person may be carried out only after the competent organisational body of the State, state organisation or Road and Motorway Directorate (s) has informed the State, State Organisation (s) or the Road and Motorway Directorate (s) concerned within 2 months of the publication of the information referred to in paragraph 1 that it is interested in the transfer. The restriction shall not apply if the authorised organisational body of the State, State Organisation or Road and Motorway Directorate (s) (s) (s) (s) (s) (es) (es) (es) (ii) (ii) (ii) (iii) (iii) (iv) (iii) (iv) (iv) (iv) (iv) (iv) (iv) (iv) (iv) (iv) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v) (v):

(3) The communication referred to in paragraph 2 shall be made via the website of the State Representation Office in property matters.

(4) If they express an interest in transferring more than one eligible organisational body of a State or of a State organisation pursuant to § 39b (1) or § 39c (1) and do not communicate within 1 month of the date of expiry of the deadline for expressing an interest in the transfer that they have agreed who will negotiate with the municipality, the municipality shall negotiate with that organisational body of the State or the State organisation which first expressed an interest in the transfer. This shall not apply in the case of the procedure under Paragraph 39c (1) (e).

(5) The municipality shall make a proposal for the conclusion of the contract against the legitimate organisational component of the State, state organisation or Road and Motorway Directorate (s), which have shown an interest in the transfer. The application for conclusion of the contract may be withdrawn.

(6) If the organisational body of a State or a state organisation or the Road and Motorway Directorate (s) does not disclose the interest in the transfer referred to in paragraph 2 in the cases referred to in § 39b (1) or § 39c (1) within the prescribed time limit or within the same time limit, it shall state that it is not interested in the transfer, or if we do not accept the proposal for the conclusion of a contract within 4 months of the date on which it has reached it, the right to transfer ownership pursuant to § 39b and 39c shall cease and the municipality shall dispose of the material property under this law.

§ 39b

Free transfers to the State

(1) Where the authorised organisational body of a State or a State organisation referred to in points (d) to (g) or the Road and Motorway Directorate (s) (a) to (c) shows an interest in the transfer pursuant to Paragraph 39a (2) and provided that this does not preclude the rights of third parties, the municipality shall send them a proposal for a free transfer

(a) the road plot on which the first-class motorway or road is situated, to the ownership of the State and the right to manage the Road and Motorway Directorate (s),

Citation	Act No. 36 / 2025 Coll., amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	18.02.2025
Effective from	01.03.2025
Effective until	-
Status	Valid

Act No. 36 / 2025 Coll.

Act amending Act No. 219 / 2000 Coll., on assets of the Czech Republic and its presentation in legal relations, as amended, and some other laws

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