Decree of the Ministry of Agriculture No. 433 / 2002 Coll.
Decree of the Ministry of Agriculture on more detailed rules for the fulfilment of obligations under the provisions of § 14 paragraphs 1 and 3 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, Land Fund of the Czech Republic
Valid
Order
Effective from 01.11.2002
Text versions:
01.11.2002
09.10.2002
433
DECLARATION
Ministry of Agriculture
of 3 September 2002
on more detailed rules for fulfilling obligations under the provisions of § 14 paragraphs 1 and 3 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, Land Fund of the Czech Republic
The Ministry of Agriculture provides for the Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 229 / 2001 Coll.:
Subject matter
This decree provides for more detailed rules for the performance of the obligations of the Land Fund of the Czech Republic (hereinafter referred to as "the Fund ') 1 as a legal person managing the assets of the Czech Republic. 2) The Fund shall exercise the rights and obligations of the owner in this administration.
Real estate management
The Fund shall ensure that the real estate in its management is properly used (3) and in accordance with its possible use. The Fund shall take care of real estate in accordance with specific legislation.4)
Hire and subletting of real estate
(1) Pending the transfer of State property to other persons, the Real Estate Fund, which it manages, uses other persons in the form of rent. 5)
(2) In the lease agreement, the Fund will oblige the lessee in particular to use the property properly and in accordance with their possible use.
(3) At the same time, the Fund will oblige the lessee in the lease contract in particular to be entitled, with the prior written consent of the Fund, to leave the leased property to another person and to determine the terms of the lease contract.
Use of land
The Land, which will not be leased in accordance with Paragraph 3, gives the Fund, in order to ensure that it is maintained and improved, contractually into the use of other persons, including without charge.
Buildings economically or otherwise usable
(1) The Fund shall take care of buildings economically or otherwise usable (hereinafter referred to as "usable buildings"), their technical condition and their appearance.
(2) The Fund shall provide for usable buildings, in particular by fulfilling the obligations arising from legislation on hygiene, fire protection, safety of work and environmental protection.
Buildings not economically or otherwise usable
(1) Buildings economically or otherwise unusable (hereinafter referred to as "unused buildings") are those which:
(a) it is not possible for their technical condition or for other reasons to be used in accordance with legislation for economic or other activities;
(b) are not in the use of another person under contract with the Fund;
(c) have been offered in vain to transfer to ownership of another person under special legislation, 6)
(d) are not the subject of a claim under special legislation, 7)
(e) are not cultural monuments. 8)
(2) The construction referred to in paragraph 1, but the use of which will be shown by an organisational body of the State, by a legal person or by a natural person (hereinafter referred to as "candidates"), may not be regarded as an unused construction until it has been transferred to or put into use by the candidate or by the tenderer or until the failure to conclude the negotiations of the Fund and the candidate for the use of the construction.
(3) For unused buildings, the Fund
(a) carry out only such security measures or maintenance work to avoid endangering the life, health and property of persons or the environment;
(b) carry out only such necessary modifications or security operations as are ordered by the competent building authority in accordance with a specific legislation, 9); or
(c) remove the construction in accordance with special legislation9).
(4) The Fund shall act in accordance with paragraph 3 where such a procedure is in accordance with a technical and economic expert opinion drawn up by a natural or legal person authorised to make such opinions, 10) and in accordance with specific legislation. 9)
Common provisions on construction
(1) In order to ensure continuous monitoring, protection and timely implementation of the measures needed to remedy the identified deficiencies, the Fund shall keep the following information for each construction or construction set:
(a) construction specifications;
(b) how the construction is used;
(c) the technical state of construction,
(d) the identified need for repair and maintenance and the record of their implementation;
(e) other measures related to the management of the construction or a set of buildings.
(2) The Fund examines the state of the art
(a) for usable buildings put into use by other persons and for unused buildings at least once per 12 calendar month period;
(b) for usable buildings which are not put into use by other persons, at least once per period of 6 calendar months.
(3) The Fund, in its survey referred to in paragraph 2, for usable buildings put into use by other persons,
(a) checks whether and how the user fulfils the obligations relating to the protection of buildings resulting from the contract or special legislation; 9)
(b) take measures to ensure that the deficiencies identified under (a) are remedied.
Protection of buildings
(1) The Fund shall take measures which reasonably prevent the entry of persons not authorised to do so into usable structures which are not used by other persons and, where appropriate, prevent access to or access to unused structures. The Fund will use mechanical means of defence.
(2) The construction fund referred to in paragraph 1 shall, taking into account local needs, provide for physical surveillance or safety equipment, if their technical condition so permits, or a combination of physical surveillance and safety equipment.
(3) The Fund shall amend the method of surveillance referred to in paragraph 2 in the context of a change in the conditions for security or in the context of the construction and construction conditions.
Efficacy
This Decree shall take effect on 1 November 2002.
Minister:
Ing. Palas v. r.
1) Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended.
2) Article 17 (1) of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended. § 2 (2) of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations.
3) § 14 paragraphs 1, 2, 3 and 4 of Act No. 219 / 2000 Coll.
4) For example, Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, and Act No. 289 / 1995 Coll., on Forests and on the Amendment and Addition of Certain Laws (Forest Act), as amended.
5) § 663 et seq. of the Civil Code. Articles 17 (2) and (5) and 18 of Act No. 229 / 1991 Coll.
6) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended. Act No. 569 / 1991 Coll., as amended. Act No. 229 / 1991 Coll., as amended.
7) Act No. 229 / 1991 Coll., as amended. Act No. 243 / 1992 Coll., adjusting certain issues relating to Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended by Act No. 93 / 1992 Coll. Act No. 212 / 2000 Coll., on the mitigation of certain property injustices caused by the Holocaust and amending Act No. 243 / 1992 Coll., adjusting certain issues related to Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll.
8) Act No. 20 / 1987 Coll., on State Memorial Care, as amended.
9) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
10) Act No. 36 / 1967 Coll., on experts and interpreters.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 433 / 2002 Coll., on more detailed rules for the fulfilment of obligations under the provisions of § 14 paragraphs 1 and 3 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its performance in legal relations, Land Fund of the Czech Republic |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.10.2002 |
|---|---|
| Effective from | 01.11.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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