Act No. 52 / 1966 Coll.
Act on Personal Property to Houses
Valid
Effective from 01.09.1966
52
THE LAW
of 30 June 1966
on personal ownership of apartments
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Basic provisions
In order to extend the possibility of satisfying the housing needs of citizens who want to deal with them from their own resources, the right of personal ownership to an apartment in a residential house is enacted.
The apartment is privately owned by a citizen under the conditions laid down in this law.
PERSONAL OWNERSHIP
Property
The apartment may be owned by a citizen, in the joint ownership of citizens or in the non-joint ownership of spouses.
The rights and obligations of the co-owners of the apartment shall be governed by the provisions of the Civil Code on joint ownership or non-joint ownership.
Subject matter of ownership
(1) In a house with private-owned apartments (hereinafter referred to as "the house"), there may also be rooms not used for living, in particular garages, studios and other rooms which serve for personal use.
(2) Non-residential rooms located in a house built by citizens (§ 12 (13)) must not exceed one third of the floor area of the apartment. This restriction shall not apply to the common parts of the house referred to in Paragraph 13 (1) (c).
(3) The owner (co-owner) of these rooms can only be the owner of the apartment in the same house.
Rights and obligations of the owner
(1) The owner of the apartment has the right to use the apartment, the common parts of the house and the property for the consumption of his, his family and household. He has the right to move into the apartment; if he does not use the apartment, he has the right to move his married (married) children or his parents into it.
(2) The owner of the apartment has the right and obligation to participate in the administration of the house and as co-owner in deciding on the common parts of the house and the property, in particular the way they are maintained and repaired.
(3) When voting, the majority of votes shall be taken; for each apartment, the apartment owners have one vote. However, if an important decision is taken, the overvoted owners may appeal to the court and propose a change of decision.
(4) The co-owners of the apartment have one vote against the owners of the other apartments.
(1) The owner of the apartment may leave the apartment or part of it to another citizen.
(3) A citizen to whom the apartment has been left to reside is taking part in the management of the house proposals on how to maintain, on how to perform repairs, or on how to improve common parts of the house and the property.
(1) The owner may leave a room which is not for living to another.
(1) The owner of the apartment is obliged to keep the apartment on its load properly; when using, maintaining, amending, leaving the apartment or part of it to another and otherwise handling the apartment, it shall act in such a way that it does not disturb or threaten others in the exercise of their ownership, co-ownership or, where appropriate, co-exploitation rights.
(2) The owner of the apartment is obliged to remove defects and damage caused on other apartments or on common parts of the house by himself or by those who live in the apartment.
Building a house for citizens
(1) Mutual rights and obligations for building a house shall be defined by the builders by written contract.
(2) The contract, its amendments and additions are subject to a deposit into the real estate register.
(1) The contract must contain in particular:
(a) identification of the owners of each apartment with an indication of the location of the apartment, an indication of the premises (rooms and accessories of the apartment), an indication of the scope of the accommodation and other area and equipment of the apartment;
(b) the definition of non-residential rooms (Section 7), if established in the house, and the identification of the rights and obligations of their owner (s);
(c) the definition and calculation of common parts of the house (e.g. foundations, main walls, facades, entrances, staircases, elevators, corridors, soil, laundry rooms, boiler rooms, drying rooms, chimneys, terrace, roof, water supply, sewage, electric, telephone, gas networks, etc.), even if located outside the residential house, with any indication of which parts of the house are common only to certain owners of the apartments;
(d) the calculation of the ideal co-ownership shares of apartment owners in the common parts referred to in Article 17 (2); if, according to the agreement of the builders, the costs of the housing of the individual co-owners are not directly proportional to the reciprocal ratio of the floor area (Article 17 (2)), this does not affect the size of the co-ownership shares in the common parts of the house,
(e) the definition of the common land with the determination of the shares of any cash remuneration, if it is a joint use of the land (§ 20 (3)) or the identification of the ideal joint ownership shares (§ 17 (2)), if it is a joint ownership of the building industry;
(f) the way in which the common parts of the house and land are managed and managed, in particular by identifying which issues will be reserved for joint decision-making, who represents the joint owners on the outside, how the representative (s) shall be established and for what period;
(g) the method of financing construction costs, shares and maturity of contributions, and, where appropriate, the scope and valuation of the construction industry's own work.
(2) With the contract, the competent authority of the Republic (1) shall present a drawing showing the area and location of the individual apartments, rooms which are not for housing and common parts of the house. After the deposit into the cadastral and after the grant of the building permit, the project documentation, in particular the situation plans of the individual floors of the house with the marking of individual apartments and their numbers, shall be attached. The documentation shall be submitted by the builders.
(3) The rights and obligations of the contract are to the same extent transferred to the successor in title.
Transfer from state socialist ownership
(1) An apartment in a house that is owned by the state can be purchased by a citizen. Only their users can acquire apartments which are used on the basis of the right of personal use of the apartment. If all apartments in the house are not transferred to the personal property, the State is the owner of the remaining apartments in the house and has the same rights and obligations as the owner of the personal property.
(2) The principles for the selection of houses in which apartments can be sold for personal ownership and for the procedure of the national committees in this sale are laid down by the Government of the Czech Socialist Republic and the Government of the Slovak Socialist Republic.
(3) When transferring apartments, the national committee shall conclude a purchase contract with the acquirer when it directly manages the dwelling, or with its consent.
(4) The contract must provide for the reciprocal rights and obligations of the transferor and the transferor as well as for the definition of the rights and obligations which the transferee has transferred to the transferee in relation to the other owners of the flats [Sections 13 (1) (a) to (d) and (f)].
(5) Paragraphs 12 (2), 13 (2) and (3) and 15 apply mutatis mutandis in these cases.
Transfer and transfer of ownership between citizens
(1) The owner has the right to transfer the apartment in personal ownership to another. The transfer or transfer of ownership shall be subject, unless otherwise provided for in this law, to the general provisions of the Civil Code governing the transfer or transfer of personal property.
(2) The agreement of the co-owners of the common parts of the house or land is not necessary for the transfer.
(3) Co-ownership of the common parts of the house, or land and ownership of non-residential rooms is inseparably linked to the ownership of the apartment. With the transfer or transfer of ownership to the apartment, the co-ownership of the common parts of the house, the co-ownership or the right of joint personal use of the land and the ownership of non-residential rooms.
(4) The non-residential room can also be converted to another apartment owner in the house.
OWN FUNDS OF THE COMMON PARTS OF THE HOUSE
(1) The common parts of the house are in the personal ownership of the owners of the apartments. If not all apartments in the house are privately owned, it is also the state as owner of the apartment (s) in this house co-owner of the common parts of the house. This provision applies mutatis mutandis to the common equipment of the house and to accessories, even if it is located outside the house.
(2) The size of the joint ownership shares referred to in § 13 (1) (c) and (e) is governed by the reciprocal ratio of the floor area of all the rooms of the apartments and those rooms not used for living, which are not co-owned by all owners of the apartments and are part of the building building building.
Rights and obligations of joint owners
(1) Co-owners are obliged to contribute to the costs of maintaining, repairing and, where appropriate, improving the common parts of the house and land. Save as otherwise provided in the Agreement or the legislation, the costs shall be borne by the ratio set out in Paragraph 17 (2).
(2) For the purposes referred to in paragraph 1, the owners of the apartments shall make up pre-determined amounts for the operation, repair and maintenance of the common parts of the house and the land. The total of the contributions to the Fund shall, as a general rule, be determined by the owners of the flats each year in advance so as to cover the expected costs, where applicable, of operating, maintenance, routine repairs, insurance, by-payments (for water, removal of waste, chimney fee, etc.), costs associated with central heating and hot water supply and others, and to create a reserve for overhaul.
The claims of the co-owners referred to in § 11 (2) and § 18, for which the application for judicial enforcement has been filed by the sale of an apartment or which have been registered for the schedule referred to in § 337 (1) of the Civil Code, shall be reimbursed on the schedule provided for in § 337 (2) of the Civil Code after the payment of the claims and charges before other claims entered.
RIGHTS TO CONSTRUCTION
(1) The house can be built on land for which the right to use one another is established (Sections 198 and 199, Sections 201 to 220 respectively).
(2) When establishing the right of joint personal use of the land, the area shall be determined in accordance with a territorial plan or a territorial decision according to urban principles.
(3) The shares of the cash remuneration referred to in Article 13 (1) (e) are governed by the reciprocal ratio of the floor area of all rooms of flats and non-residential rooms which are not jointly owned by all apartment owners and are part of the building building building.
(4) If apartments are transferred from state socialist property to personal property, the right of personal use of the land after the transfer of all apartments in the house shall be established for the owners of the flats.
(5) Pending the establishment of the right of joint personal use of the land, the national committee shall leave the owners of the privately owned apartments the land for joint temporary use (Section 397 of the Civil Code) to the extent that it corresponds to joint ownership interests in the common parts of the house (Section 17 (2)). The transfer agreement for temporary use is part of the transfer agreement (§ 14). The right of temporary use of the land shall be transferred to the legal successor of the owner of the apartment in private ownership.
(1) The house can also be built on a building site which is owned by a builder.
(2) If the joint owners of the land are not all builders and are not joint owners in proportion to their joint owners of the common parts of the house (§ 17 (2)), the builders shall carry out a transfer of shares between them so that the joint ownership of the land corresponds to the joint ownership of the common parts of the house. The transfer is part of a contract between future owners of flats (Sections 12 and 13).
FINAL PROVISIONS
The ownership of non-residential rooms, the co-ownership of the common parts of the house and the co-ownership of the land cannot be guaranteed rights and obligations without at the same time ensuring ownership of the apartment.
(1) The provisions of the Civil Code, the Housing Management Act, the Civil Code, the Code of Judicial Procedure and other provisions relating to family houses or parts thereof, and the rights and obligations of their owners or users shall apply mutatis mutandis to the ownership of apartments or parts thereof, and to the rights and obligations of owners to housing, unless otherwise provided for in this Act.
(2) In particular, the provisions governing the exemption from the allocation of the local national committee (§ 23 (2) to (5) of the Housing Management Act) apply mutatis mutandis to private-sector housing, to the assistance of national committees in order to allow the owner, his married (married) child or his parents to move into an apartment or part of his or her legal order, if the apartment or part of it is used by another citizen (§ 23 (1) of the Housing Management Act), including the removal of the right to use the owner's apartment (§ 78 (2) of the Housing Act), and the exercise of decisions on the sale of children or of his / her parents (§ 391 of the Housing Act) (§ 391 (§ 391 (§ 38 (a) of the Housing Act) of the Housing Management Act), the right to use of the owner (§ 393 of the owner).
Implementing rules
(1) The Federal Ministry of Finance provides:
(a) which apartments are excluded from the sale to the personal property of citizens;
(b) the amount of the fixed annual (monthly) contribution to the management and maintenance costs of the common parts of the house, or of the land (Paragraph 18 (3)) and of the housing services where the management of the common parts of the house is taken over by the state economic organisation.
(2) The Ministry of Finance of the Czech Socialist Republic and the Ministry of Finance of the Slovak Socialist Republic determine the amount of the fixed annual (monthly) contribution to the costs of the administration and maintenance of the common parts of the house, or land (§ 18 (3)) and of the services associated with housing where the management of the common parts of the house is taken over by the budgetary organisation.
(3) The Czech Price Office and the Slovak Price Office will adjust the valuation of apartments, non-residential rooms and common parts of houses with privately owned apartments.
(4) The Czech Office of Geodetic and Cartographic and Slovak Office of Geodesy and Cartography will provide for the registration of personal ownership of the apartment, co-ownership of common parts of the house, ownership of the land or the right of joint personal use of the property in the property register.
Relations between owners of apartments, where they act jointly and severally against third parties, in particular the way in which they represent, the behaviour of the representative (s) vis-à-vis third parties in place of owners, the internal relations between owners, in particular the details of the management and maintenance of the common parts of the house, provided that they have not already been covered by the agreement between future owners [§ 13 (1) (f) and (g)], may be further adapted by the owners by agreement. This Agreement shall be effective against third parties only if they have been aware of it.
(1) Where, before 1 July 1992, they have been concluded between the owner or, where applicable, the organisation managing the other apartments in the house and the owners of the flats and non-residential premises of a contract for the management and maintenance of the common parts and equipment of the house and, where applicable, of the land, for a fixed annual (monthly) contribution, the owner or, where applicable, the organisation managing the other apartments in the house shall be authorised unilaterally to amend the contribution in order to comply with the provisions of Paragraph 18 (1).
(2) The owner or, as the case may be, the organisation managing the apartments and non-residential premises not yet transferred in the house shall be entitled, as from 1 July 1992, to unilaterally adjust to the owners of flats and non-residential premises the remuneration for the transactions provided with the use of the apartment and non-residential premises pursuant to Article 2 of Act No. 526 / 1990 Coll., on prices.
This Act shall take effect on 1 September 1966.
Novotný v. r.
Laštovka v. r.
Lenárt v. r.
1) Act No. 265 / 1992 Coll., on Minutes of Owners and Other Property Rights.
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Regulation Information
| Citation | Act No. 52 / 1966 Coll., on Personal Property to Houses |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1966 |
|---|---|
| Effective from | 01.09.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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