Decree No. 460 / 2003 Coll.
Decree amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register
Valid
Order
Effective from 01.01.2004
Text versions:
01.01.2004
29.12.2003
460
DECLARATION
of 15 December 2003
amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register
The Czech Office of Geoměřický and cadastrní provides pursuant to § 30 paragraph 1 (f) and (h) of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll. and Act No. 120 / 2000 Coll.:
Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register, is amended as follows:
(1) Paragraph 4, including footnote 9a) and (10), reads as follows:
(1) Catastrophe data are provided by cadastral workplaces 9a) cadastral offices (hereinafter referred to as "cadastral workplaces") from the territorial districts in which they exercise the competence of the relevant cadastral office, with the exception of those provided for in Sections 9 and 11 (3) which they provide from the territory of the whole Czech Republic, and with the exception of those provided for in Section 10.
(2) The Czech Geographic and Catastrophe Office (10) (hereinafter referred to as "the Office") provides data from the register
(a) pursuant to Article 10,
(b) in accordance with Articles 9 and 11, where the request for the provision of data from the cadastral office exceeds its scope in the territory in which the cadastral office exercises its competence, unless it is provided by the cadastral office (Article 11 (3)).
9a) Paragraph 5 (2) of Act No 359 / 1992 Coll., on the Geographical and Catastrophic Bodies, as amended by Act No 175 / 2003 Coll.
10) § 3 (e) of Act No. 359 / 1992 Coll., as amended by Act No. 175 / 2003 Coll. '
2. In Article 6 (3), the words "the Czech Geographic and Catastrophic Office (" the Office ')' are replaced by the words "the Office '.
3. Article 10, including the title and footnotes 15a and 15b, reads as follows:
Remote access to cadastral data
(1) Remote access to the data of the cadastral in electronic form is entitled to be obtained by anyone who requests in writing the Office to establish remote access to the data of the cadastral.
(2) The request to establish remote access to the data of the cadastral shall contain:
(a) an indication of the name, names and surnames of the applicant, his / her date of birth, address of permanent residence and bank connection, if the applicant is a natural person;
(b) an indication of the company or name of the applicant, its identification number, its registered office and its bank connection, an indication of whether it is a legal person, an organisational body of a State or another entity of another type and whether its activity is covered by the public budget, if the applicant is not a natural person;
(c) an indication of whether the applicant requests to send an account for the data from the cadastral data obtained by remote access on a monthly or quarterly basis and an obligation to pay the amount for the data from the cadastral data provided at the time of billing;
(d) a statement by the applicant stating that the data from the register must not be used for purposes other than legal purposes, 15a) that it must not disseminate the data provided from the catastrophe 15b) other than under the contract referred to in paragraph 8 and that it is obliged to handle the data provided from the register in accordance with the legislation on the protection of personal data;
(e) the date and signature of the applicant.
(3) The application shall be made on the Office's form or on an automated form containing and adjusting the same form as the Office's form, the model of which shall be published on the Office's website.
(4) The Office shall confirm the receipt of the application to the applicant and, after the customer account has been established, communicate to the applicant the data necessary to allow remote access to the data of the cadastral. The Authority shall make regular monthly or quarterly accounts for the data provided from the register.
(5) If a remote access user wishes to revoke his authorisation to use remote access to the data of the cadastral, the Office shall request it in writing. The Office shall revoke the remote access and send final accounts to the applicant within 30 days.
(6) Data from the register obtained by remote access are of an informative nature, unless otherwise provided by specific legislation. Printed outputs obtained by remote access shall not be a public instrument unless the specific legislation provides otherwise. The Office shall keep in electronic form all data sets provided by remote access.
(7) The amount of remuneration for the provision of data from the cadastral by remote access is set out in Annex 3.
(8) Data obtained by remote access may be disseminated only on the basis of a contract concluded by the Office on behalf of the State with the applicant for remote access.
(9) If a remote access user disseminates data from the cadastral, although not authorised to do so, the Office shall prevent it from remotely accessing data from the cadastral by technical means; it may do so even if the user of the remote access does not fulfil his / her payment obligations for the data provided from the cadastral by remote access.
15a) § 1 (3) of Act No. 344 / 1992 Coll., as amended by Act No. 120 / 2000 Coll.
15b) § 21a of Act No. 344 / 1992 Coll., as amended by Act No. 120 / 2000 Coll. '
4. Paragraph 11 (3) reads as follows:
"(3) The data from the cadastral in electronic form shall be provided by the cadastral centre from its geographical area and by the Office from a territory exceeding the geographical area of the cadastral centre. The data which a cadastral workstation can obtain by remote access may also be provided by the cadastral workstation outside its territorial scope. The application shall be made on the Office's form or on an automated form containing and adjusting the same form as the Office's form, the model of which shall be published on the Office's website. The application shall include:
(a) the designation of the Office to which it is addressed;
(b) the designation of the applicant by his name, name, surname, birth number (if not, date of birth) and address of his permanent residence or name (business name), identification number and registered office;
(c) determining the extent and content of the required data from the register and, where appropriate, the periodicity of their re-supply;
(d) the purpose for which the data provided from the register will be used and the applicant's commitment not to use the data from the register for any purpose other than that;
(e) an undertaking by the applicant not to disseminate the data provided from the register other than under the contract referred to in paragraph 5 or to communicate that it will disseminate the data from the register in the manner referred to in paragraph 4;
(f) an undertaking by the applicant to dispose of the data provided from the register in accordance with the legislation on the protection of personal data;
(g) an undertaking by the applicant to pay for the data provided from the cadastral payment provided under this Order; and
(h) the date of the application and the signature of the applicant. "
5. In Article 11, the following paragraph 5 is inserted after paragraph 4:
"(5) Data obtained in electronic form may be disseminated only on the basis of a contract concluded by the Authority or the cadastral office on behalf of the State with the applicant for the dissemination of data from the cadastral. ';
Paragraph 5 shall become paragraph 6.
6. Paragraph 14 (2), including footnote 17, is deleted and paragraph 1 is deleted.
7. in Article 15 (1), the words ", 13 and 14 (2) 'are replaced by the words" and 13';
8. In Annex 2, the following entries (d), (e) and (f) are added:
"(d) The remuneration for the printing output according to headings 201 and 202 of a format greater than A4 corresponds to the number of A4 formats, including the initial format.
e) The remuneration for printing (drawing) of the cadastral map according to heading 203 is determined for each and the starting A4 format covered by the drawing.
f) If the creation of the required print output requires special conversion and programming, the cadastral workplace or the Office will increase payment by 300 CZK for each starting hour of work. The actual creation of output and work associated with the creation of a copy of a file on a technical data carrier (copying, conversion to condensed format) shall not be considered as more work. ';
9. In Annex 3, entries 309 and 310 are deleted.
10. Annex 4, including footnote 20, reads:
"Annex No 4 to Decree No. 162 / 2001 Coll.
Transmission of computer files containing data from the cadastral on technical data media (§ 11)
| Položka | Specifikace | Měrná jednotka (MJ) | Úplata za MJ |
|---|---|---|---|
| 411 | Počítačový soubor s údaji SPI katastru s počtem MJ do 10 000 včetně, bez JPV | Počet měrných jednotek je dán jako součet počtu parcel KN+počtu parcel ZE+počtu LV | 0,80 Kč |
| 412 | Počítačový soubor s údaji SPI katastru s počtem MJ do 10 000 včetně, s JPV | Počet měrných jednotek je dán jako součet počtu parcel KN+počtu parcel ZE+počtu LV | 2 Kč |
| 413 | Počítačový soubor s údaji SPI katastru s počtem MJ od 10000 do 150 000 včetně, bez JPV | Počet měrných jednotek je dán součtem počtu parcel KN+počtu parcel ZE+počtu LV nad 10 000 | 0,50 Kč |
| 414 | Počítačový soubor s údaji SPI katastru s počtem MJ od 10000 do 150 000 včetně, s JPV | Počet měrných jednotek je dán součtem počtu parcel KN+počtu parcel ZE+počtu LV nad 10 000 | 1,60 Kč |
| 415 | Počítačový soubor s údaji SPI katastru s počtem MJ nad 150 000, bez JPV | Počet měrných jednotek je dán součtem počtu parcel KN+počtu parcel ZE+ počtu LV nad 150 000 MJ | 0,30 Kč |
| 416 | Počítačový soubor s údaji SPI katastru s počtem MJ nad 150 000, s JPV | Počet měrných jednotek je dán součtem počtu parcel KN+počtu parcel ZE+počtu LV nad 150 000 MJ | 0,80 Kč |
| 417 | Počítačový soubor s údaji SGI katastru s počtem MJ do 1 500 včetně | bod | 1,30 Kč |
| 418 | Počítačový soubor s údaji SGI katastru s počtem MJ od 1 500 do 50 000 včetně | bod nad 1 500 MJ | 1 Kč |
| 419 | Počítačový soubor s údaji SGI katastru s počtem MJ od 50000 do 500 000 včetně | bod nad 50 000 MJ | 0,70 Kč |
| 420 | Počítačový soubor s údaji SGI katastru s počtem MJ nad 500000 | bod nad 500 000 MJ | 0,30 Kč |
| 421 | Údaje ze seznamu souřadnic podrobných bodů (RES nebo databáze bodů) | bod | 0,40 Kč |
| 422 | Seznam souřadnic bodů podrobného polohového bodového pole | bod | 5 Kč |
| 423 | Rastrová data katastrální mapy | mapový list | 150 Kč |
| 424 | Rastrová data přehledu čísel bodů | mapový list | 150 Kč |
| 425 | Geodetické údaje bodů podrobného polohového bodového pole | údaj | 20 Kč |
Notes:
(a) The basic remuneration under headings 411 to 425 shall be increased by the price of the technical data carrier, unless supplied by the applicant.
b) The basic remuneration according to items 411, 417 and 421 is at least CZK 100.
c) The basic payment according to item 413 is increased by a fixed amount of CZK 8,000, - CZK; the basic payment according to item 414 is increased by a fixed amount of CZK 20,000.
d) The basic remuneration according to item 415 is increased by a fixed amount of CZK 78 000, the basic payment according to item 416 is increased by a fixed amount of CZK 244 000, the basic payment according to item 418 is increased by a fixed amount of CZK 1950, the basic payment according to item 419 is increased by a fixed amount of CZK 50 450, the basic payment according to item 420 is increased by a fixed amount of CZK 365 450.
(e) In the basic remuneration provided for in headings 411 to 422, a maximum of three additional transfers of data or changes are included during the calendar year in which the first transmission was made. For each subsequent immediately following calendar year, the remuneration shall be 20% of the basic remuneration, including the relevant fixed amount referred to in (c) or (d), for a maximum of four data transfers or changes to the same content and to the same extent. For the fifth and subsequent transmission of updated data in a calendar year, the remuneration shall be 5% of the basic remuneration, including the relevant fixed amount referred to in (c) or (d).
(f) When requesting the extension of the original requirement when providing the data referred to in point (e), the increased number of MJ provided shall be paid according to the relevant item at the level of the basic remuneration.
(g) Repayments under headings 423 and 424 shall be reduced by 50% if the semi-rapid drawing covers less than 50% of the area of the map sheet.
(h) Repayments under headings 417 to 420 and 423 calculated with application of the provisions under points (b), (e) and (f) shall be increased by 20% if the applicant applies them under Article 11 (4).
(i) Repayments under headings 411 to 420 and 423 shall be reduced by 80% on the basis of the prior agreement concluded between the Office and the central government authority at first granting, where the data provided from the register are used to maintain the list under the special legislature20) and subsequent reporting of data from that list for registration.
j) If the creation of the required computer file requires special conversion and programming, the cadastral workplace or the Office will increase payment according to items No 411 to 420 by CZK 300 for each starting hour of work. The actual creation of output and work associated with the creation of a copy of a file on a technical data carrier (copying or conversion to a condensed format) is not considered as more work.
k) In the case of a requirement to collect only selected data, the amount of the remuneration shall be determined by a percentage of the basic remuneration for the data referred to in headings 411, 413 and 415, including the relevant fixed amounts referred to in (c) or (d) as follows:
- 55% in the selection of real estate data,
- at the rate of 5% when selecting the data on housing units,
- at the rate of 10% when selecting data on plot parts,
- 40% when selecting ownership data.
(l) Applicants shall pay for each subsequent transmission of data after the end of the repeated 12-month data cycle in accordance with the provisions of the Decree in force until 31.12.2003 in the course of 2004 and at the latest on 31.12.2004, at the latest on 31.12.2004, a remuneration of 5% of the basic remuneration of the relevant item plus the fixed amount referred to in (c) or (d). For each subsequent immediately following calendar year, the remuneration shall be 20% of the basic remuneration, including the relevant fixed amount referred to in points (c) or (d), for a maximum of four transfers of updated data of the same content and of the same range of original requirement.
Explanatory notes:
JPV = other legal relationship
CN = Real estate register
LV = ownership sheet
RES = Coordinate Registry
SGI = Geodetic Information File
SPI = descriptive information file
Z = simplified registration
20) For example, Article 7 of Act No. 20 / 1987 Coll., on State Heritage Care, as amended by Act No. 132 / 2000 Coll. and Act No. 320 / 2002 Coll., Act No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Act No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll. '.
Efficacy
This Decree shall take effect on 1 January 2004.
Chairman:
Ing. Dinner v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 460 / 2003 Coll., amending Decree No. 162 / 2001 Coll., on the provision of data from the Czech Real Estate Register |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0