What is Full text of Act No. 65 / 2002 Coll.?

Full text of Act No. 65 / 2002 Coll., Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (Law on the ownership of flats), as shown by subsequent amendments — Full version of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as seen from subsequent amendments.

When it became Full text of Act No. 65 / 2002 Coll. effectiveness?

Full text of Act No. 65 / 2002 Coll. became effective date not available.

Is Full text of Act No. 65 / 2002 Coll. still valid?

Yes, Full text of Act No. 65 / 2002 Coll. is still valid and effective.

Full text of Act No. 65 / 2002 Coll. - Full version of Act No. 72 / 1994 Coll.,...

65

PRESIDENT OF THE GOVERNMENT

Announces

the full text of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as follows from the amendments made by Act No. 273 / 1994 Coll., the Constitutional Court found published under No. 280 / 1996 Coll., Act No. 97 / 1999 Coll., Act No. 103 / 2000 Coll., Act No. 229 / 2001 Coll. and Act No. 451 / 2001 Coll.

THE LAW,

adapting certain co-ownership relations with buildings and certain ownership relations with apartments and non-residential premises and supplementing certain laws (Housing Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter and scope of the adjustment

(1) This Act provides for the co-ownership of a building where the co-owner of the building is the owner of an apartment or non-residential space as a space-defined part of the building and, at the same time, the joint owner of the common parts of the building.

(2) The Act provides for the creation of co-ownership of the building, the rights and obligations of owners of flats and non-residential premises, their relations, the joint ownership of common parts of the building and certain rights and obligations of builders in the construction of flats and non-residential premises in the building co-owned under this Act.

(3) The law shall also govern the rights and obligations of other entities in connection with the creation and transfer of co-ownership of the building referred to in paragraph 1.

(4) The co-ownership of a building and the ownership of an apartment or non-residential space within it under this law may only be acquired in buildings which have at least two apartments or two separate non-residential spaces or at least one apartment and one separate non-residential space.

§ 2

Definition of terms

For the purposes of this Act:

(a) a permanent building connected to the ground with a solid foundation which is concentrated and externally closed by perimeter walls and roof structures with at least two space-sealed separate utility spaces, excluding halls. The owner's decision as a building may also be considered a section with a separate entrance if it is separately marked with a descriptive number and thus technically arranged that it can perform the basic function of the building separately,

(b) an apartment of a room or a set of rooms which, as decided by the construction office, are intended for housing;

(c) a non-residential space of a room or a set of rooms which, as decided by the construction office, are intended for purposes other than housing; non-residential spaces are not apartment accessories (1) or non-residential facilities or common part of the house;

(d) a house with apartments and non-residential premises owned by such a building which is co-owned under this law (hereinafter referred to as "the house"),

(e) a built-in room or a set of rooms, determined in accordance with the building permit for living, if it is built in a house which is at least at such a stage of construction that it is already externally closed by perimeter walls and roof structures;

(f) a built-in non-residential space of a room or a set of rooms, determined in accordance with a building permit for purposes other than housing, provided that it is built in a house which is at least at such a stage of layout that it is already externally closed by perimeter walls and roof structures;

(g) common parts of the house of a part of the house intended for common use, in particular the foundations, roof, main vertical and horizontal structures, entrances, staircases, corridors, balconies, terraces, laundry rooms, drying rooms, strollers, boiler rooms, chimneys, heat exchangers, heat distribution, hot and cold water distribution, sewerage, gas, electricity, air conditioning, lifts, lightning ducts, common antennas, even if they are located outside the house; the accessories of the house (for example, small buildings) and common facilities of the house (for example, common laundry facilities),

(h) an apartment unit or a non-residential space unit or a built-up apartment or a built-up non-residential space as a defined part of a house under this law;

(i) the floor area of the apartment or the built-up apartment, the floor area of all the rooms, including the rooms constituting the accessories of the apartment or the built-in apartment;

(j) the floor area of the non-residential space or of the built-up non-residential space, the floor area of all rooms of the non-residential space or of the built-up non-residential space, including the areas intended solely for use with non-residential space or, where appropriate, the built-up non-residential space; one half of the floor area of the inner corridors and other areas forming part of the interspace shall be included in this area,

k) a built-up plot of land built by an apartment house, bounded by the perimeter of the apartment house.

§ 3

(1) Save as otherwise provided in this law, the rights and obligations of the owners of the buildings and the rights and obligations of the co-owners of the house and the owners of the units (the "owner of the unit ') shall be governed by the Civil Code. In the absence of a joint ownership unit, the provisions of the Civil Code on joint ownership (2) shall not apply.

(2) Legal relations with the units shall be governed, unless otherwise provided for in this law, by the provisions of the Civil Code and other legislation relating to real estate.

§ 4

Declaration by the building owner

(1) The owner of the building, by his declaration (hereinafter referred to as the "Declaration"), determines the space-defined parts of the building which, under the conditions laid down by this Act and in accordance with the construction designation, become units [§ 2 (h)] and common parts of the house [§ 2 (g)]. The declaration shall be in writing. The declaration is a compulsory annex to the application for authorisation of the transfer of ownership rights to the property register under the first unit transfer contract in the house.

(2) The declaration referred to in paragraph 1 shall contain:

(a) the designation of the building by the property register, (3) the unit number, including its designation and location in the building;

(b) a description of the units, their accessories, the floor area and a description of their equipment;

(c) identification of the common parts of the building which will be common to the owners of all units and identification of the common parts of the building which will be common to the owners of only certain units;

(d) determination of joint ownership interests of unit owners in the common parts of the building (§ 8 (2));

(e) the designation of the land which is the subject of the transfer of ownership or the subject of other rights pursuant to § 21 by the cadastral of real estate, 3)

(f) rights and obligations relating to the building, its common parts and rights to land which pass from the owner of the building to the owners of the units;

(g) rules on the contribution of the co-owners of the house to the expenditure associated with the administration, maintenance and repair of the common parts of the house or, where applicable, the house as a whole;

(h) the rules governing the management of the common parts of the house or of the house as a whole, including the designation of the person responsible for managing the house.

(3) The declaration shall be accompanied by the ground coverings of all floors and, where appropriate, their schematics, indicating the location of the units and the common parts of the house, with details of the floor areas of the units.

§ 5

The creation and demise of ownership of the unit

(1) The ownership of the unit under this Act is linked to a joint ownership interest in the common parts of the house (hereinafter referred to as "ownership of the unit") by the deposit of a declaration of the owner of the building into the property register or by the construction of a unit under a construction contract under this Act (hereinafter referred to as "construction contract").

(2) The ownership of the unit may also arise by agreement of the co-owners of the building or by decision of the court on the cancellation and settlement of the joint ownership of the building (3a) or by agreement or decision of the court on the settlement of the joint capital of spouses. (3b) Where the joint ownership of a building is subject to settlement, the ownership of the units may arise only after the prior settlement of the joint ownership of the building in such a way that the size of the joint ownership of the building is equal to the size of the joint ownership of the joint parts of the house established in accordance with Article 8 (2). This is the case mutatis mutandis if the joint-stock of the spouses is settled by the building.

(3) The settlement agreement or decision of the court to abolish joint ownership or, where appropriate, to settle the joint ventures of spouses must include the formalities laid down for the declaration referred to in paragraphs 2 and 3 of Article 4.

(4) The creation of the ownership of the units or of the built-up units results in the co-ownership of the common parts of the house.

(5) In the way referred to in paragraphs 2 to 4, a unit may not be acquired if there is at least one apartment in the building whose tenant is a natural person.

(6) Owners of all units in the house can conclude an agreement that ownership of units will be converted into joint ownership of the building. The agreement shall take the form of a notarial registration. The transfer of the co-ownership right to the Real Estate Register under this Agreement shall cease to be the ownership of the units and shall give rise to joint ownership of the building. The size of the joint ownership shares in the building is equal to the size of the joint ownership shares in the common parts of the house.

(7) If one person is the owner of all units in the house, he may declare by notarial registration that he is cancelling the definition of units in the house and changing the ownership of units into ownership of the building. The transfer of property rights to the property register according to this declaration ceases to be the property of the units and the property of the building is acquired.

ČÁST DRUHÁ

TRANSFERS OF THE OWN FUNDS AND PERFORMANCE OF THE OWN RESOURCES

§ 6

Contract for the transfer of ownership of the unit

(1) The contract for the transfer of ownership of the unit must contain, in addition to the general requirements (4):

(a) identification of the building or house by the property register, (3) the unit number including its name and location in the building;

(b) a description of the apartment or non-residential space, its accessories, its floor area and a description of the equipment of the apartment or non-residential space transferred by the contract;

(c) the identification of the common parts of the house, including the identification of which parts of the house are common to the owners of only certain units;

(d) the determination of the joint ownership interest of the owner of the unit in the common parts of the house, including the determination of the joint ownership interest of the owner of the unit in the common parts of the house which are common to the owners of only certain units (§ 8 (2));

(e) the designation of the land which is the subject of the transfer of ownership or the subject of other rights within the meaning of § 21 by the cadastral of the property, 3)

(f) rights and obligations in respect of the house, its common parts and rights in respect of the land transferred from the former owner of the building to the owner of the unit.

(2) The contract shall be accompanied by a plan of all floors and, where appropriate, their schematics, specifying the location of the units and the common parts of the house, with details of the floor areas of the units, as well as written consent to the transfer of the apartment referred to in § 22 (4), (5) and (7).

(3) If there is no substantial change in the nature of the unit, the specific requirements referred to in paragraph 1 (b), (c), (e), (f) and (2) shall be fulfilled only if the first transfer of the unit is made into ownership.

§ 7

By transferring ownership to the first unit under the conditions laid down in this Act, the ownership of the existing owner of the building is changed to the ownership of the remaining untransferred units in the house and to the co-ownership of the common parts of the house. Paragraph 6 applies mutatis mutandis to transfers of ownership of these units.

§ 8

Owning common parts of the house

(1) The common parts of the house are in joint ownership of the owners of the units. With the transfer or transfer of ownership of the unit, the co-ownership right is transferred to the common parts of the house.

(2) The size of the joint ownership shares in the common parts of the house is determined by the relative ratio of the size of the floor area of the units to the total area of all units in the house. Similarly, the common parts of the house, which are jointly owned by the owners of only some units, are also progressed.

Community owners of units

§ 9

(1) The Community of Units Owners (hereinafter referred to as "the Community") is a legal person who is competent to exercise rights and undertake only in matters relating to the administration, operation and repair of the common parts of the house (hereinafter referred to as "the administration of the house"), or to carry out activities within the scope of this Act and activities related to the operation of the common parts of the house, which also serve other natural or legal persons. The Community may acquire property, rights, other assets, apartments or non-residential premises only for the purposes referred to in the first sentence.

(2) With the consent of the owner of the unit, the Community is entitled to negotiate a pledge contract with the unit, including the relevant joint ownership interests in the common parts of the house, in order to secure claims arising from credit granted at the cost of the management of the house. The owners of the units shall guarantee up to the price of the unit for the liabilities arising from this contract.

(3) The Community is established in a house with at least five units, at least three of which are owned by three different owners, on the date of service to the last of those owners of the instrument bearing the deposit in the cadastral or other instrument certified by the competent national authority. The relevant cadastral office shall notify the other owners of the units of the execution of the unit ownership deposit to the cadastral. Other persons who have acquired ownership of the unit in a manner other than a contract shall be required to notify the original owner of the building accordingly.

(4) If the cooperative referred to in § 24 (1) and (2), which was the original owner of the building, or the cooperative resulting from the separation from the original cooperative pursuant to § 29, fulfils the obligations of the trustee under § 9 of the Housing Act in force before the application of this Act, the Community shall be established only on the first day of the calendar month following the month in which the cooperative receives documents proving that the co-ownership of the joint parts of the house has been reduced to less than one quarter. Until the Community is established, the provisions of Sections 9, 11 and 15 (2) of the Housing Act in force prior to the application of this Act shall apply.

(5) Membership in the Community is established and terminated at the same time as the transfer or transfer of ownership of the unit. The joint owners of the unit shall be joint members of the community.

(6) Owners of units having acquired ownership of the unit at the latest on the date of the formation of the Community under the conditions laid down in paragraph 3 shall become members of the Community on the date of its establishment. The membership of other owners of units in the Community shall arise on the date of acquisition of ownership of the unit.

(7) The Community institutions are:

(a) assembly of unit owners (hereinafter referred to as "assembly"),

(b) the Community Committee (hereinafter referred to as "the Committee") or the owner of the units who, in the absence of the election of the Committee, shall be entrusted by the Assembly to perform the duties of the Committee (hereinafter referred to as "the entrusted owner");

(c) other bodies according to the statutes of the Community.

(8) The Assembly is the highest body of the Community. The first meeting of the Assembly shall be held no later than 60 days after the formation of the Community (paragraph 3); The original owner of the building will gather it. At that meeting, the Assembly shall adopt the statutes of the Community and elect the Community institutions referred to in paragraph 7 (b) and (c). This meeting may be held only with the participation of a notary who shall draw up a notarial registration annexed to the approved statutes of the Community on its conduct, the choice and composition of the Community institutions and the approval of the statutes. The costs of the activities of the Community institutions shall be deemed to be the costs of the community associated with the management of the house.

(9) If the assembly does not agree to the choice of the Community institutions or if those bodies are not elected, the office of the Community institutions shall be performed by the owner whose joint ownership of the common parts of the house shall be at least one half, otherwise by the owners of the units which became members of the Community on the date of its establishment.

(10) If the Assembly does not approve the statutes of the Community, it shall be governed by the legal conditions of the Community by the standard statutes issued by the Government. In the cases of cooperatives referred to in § 24 (1) and (2), which were the original owner of the building and are the manager of the house, that cooperative shall act as Community bodies until the Community authorities have been elected.

(11) The Committee shall be the executive body of the Community; it must have at least three members. The Committee or the authorised owner shall decide on matters relating to the administration of the house, unless a decision on such matters is paid by the assembly. The terms of office of the Committee or the authorised owner shall be determined by the statutes but shall not exceed five years.

(12) The election of the members of the Committee or the authorised owner shall require that the members of the teams with a majority of the votes be present at the meeting of the Assembly. A member of the Committee or a designated owner shall be elected if he votes for an absolute majority of the votes of all owners. The size of the joint ownership shares of unit owners in the common parts of the house is decisive when voting (§ 8 (2)).

(13) The statutory body of the Community shall be the committee or designated owner. The Committee shall be held on the outside by its chairman, elected from among the members of the Committee. If it is a written act, it must be signed by the chairman of the Committee and by another member of the Committee. If the statutory authority is the owner's responsibility, his signature shall be sufficient for a written act to be carried out.

(14) The statutes of the Community must contain:

(a) the registered office of the Community and its name, which must bear the name of the house for which it was established and must contain the word "Community,"

(b) the subject matter of the activity of house administration;

(c) the Community institutions, their rights and obligations and the manner in which they are convened;

(d) the rights and obligations of members of the Community;

(e) the method of reimbursement of the costs associated with the administration of the house;

(f) the way in which Community property is handled.

(15) The Community shall cease to exist on the date of termination of the house or in the cases referred to in paragraphs 6 and 7 of Section 5.

§ 9a

(1) The Community is entitled to take legal action, in particular to conclude contracts in respect of the subject matter of its activities under this Law, in particular:

(a) provision of services related to the use of units;

(b) house insurance,

(c) rental in the case of rental of common parts of the house and the rental of units owned jointly by all owners of the units.

(2) The Community is entitled to decide on the allocation of service prices to individual unit owners, unless the breakdown of service prices is provided for by a specific law or decision of the price authority.

(3) The Community is entitled, on its own behalf, to enforce the obligations imposed on its owners by the competent Community authority under this law.

(4) The Community of unit owners may charge in a simple accounting system. Paragraph 9 (12) shall apply mutatis mutandis to voting on the type of accounting system.

§ 10

(1) The Community shall be entered in the register of the Community of owners of units kept by a court designated by a special law to keep a commercial register (5) (hereinafter referred to as the register). The following information shall be entered in the register:

(a) the name of the Community, its registered office and the identification number;

(b) the date of the formation of the Community;

(c) the Community institutions and the names of the members of the Committee or the name of the owner authorised.

(2) The Committee or the authorised owner shall be required to submit an application for registration within 60 days of their election. The application for registration shall be accompanied by:

(a) an extract from the property register for a house with apartments and non-residential premises;

(b) a notarial record of the first meeting of the assembly at which the statutes of the Community have been approved and the Community institutions elected, including a document certifying the presence of the owners of the units at that meeting;

(c) approved Community statutes.

(3) Entry into the register shall be effected if the particulars of the application referred to in paragraph 2 are fulfilled, even if the time limits set for the first meeting of the assembly are not complied with.

(4) Unless otherwise provided for in this law, the provisions of the Commercial Code and the Civil Code relating to the Commercial Register, its management and proceedings relating to the Commercial Register shall apply mutatis mutandis to the Register and its management and proceedings in matters relating to the Commercial Register.

(5

§ 11

(1) The Community must hold a meeting at least once a year. The Assembly shall meet at the initiative of the Committee or the authorised owner or owners of the units who have at least one quarter of the votes.

(2) The Assembly is capable of a quorum if the owners of the units with a majority of the votes are present; an absolute majority of the votes present are required to adopt the resolution.

(3) The size of the joint ownership shares of unit owners in the common parts of the house is decisive when voting (§ 8 (2)); the joint owners of the unit have the status of owner of the unit (one vote). In the event of a tie, or if the necessary majority or agreement is not reached, the court shall decide on the application of any owner of the unit. If there is an important matter, the overvoted owner of the unit may ask the court to rule on it. The right must be exercised in court within 6 months of the date of the decision, otherwise the right shall cease.

(4) A three-quarters majority of the votes present shall be required for the adoption of a resolution on matters covered by the declaration referred to in Article 4, on approval or amendment of the statutes, on the conclusion of a pledge contract with units and on the allocation of service prices to individual owners of units pursuant to Article 9a (2).

(5) In order to adopt a resolution on the change in the purpose of use of the construction, (6) on the change of construction, (7) as well as substantial changes concerning the common parts of the house, the consent of all owners of the units is required.

(6) If only three owners of the units are members of the Community, a resolution pursuant to paragraphs 2 and 4 shall be required for the adoption of the consent of all owners of the units.

(7) All changes relating to the identification of units and the size of joint ownership interests in the common parts of the house shall be notified to the Authority within 30 days.

(8) The provisions of paragraphs 1 to 6 shall apply mutatis mutandis to decisions of owners of units in a house in which the Community has not been established.

§ 12

Of the legal acts relating to the common case, the owners of the units are entitled and required to be in proportion to the size of their joint ownership shares (Section 8 (2)).

Rights and obligations of unit owners

§ 13

(1) The owner of the unit is involved in the management of the house to the extent that it corresponds to its joint ownership interest in the common parts of the house, unless otherwise agreed between the owners of the units.

(2) The owner of the unit is obliged to remove from his cargo any defects and damage caused by the unit itself on other units or common parts of the house or by those using the unit. In order to ensure that the claims of the entitled owners arising out of the failure to fulfil the obligation referred to in the sentence are settled by law, the decision of the court of the other owners of the units shall give rise to a lien to the liable owner's unit and to cases relating to movable assets, mutatis mutandis, as a lien to the provision of rent. 10)

(3) The owner of the unit must not make adjustments to the unit in such a way as to jeopardise the exercise of the ownership rights of the owners of the other units. Adjustments to change the appearance of the house may be made only with the consent of all unit owners. Adjustments to change the internal layout of the house and the size of the joint ownership shares in the common parts of the house can only be made by the owner of the unit on the basis of a construction contract (§ 17) concluded with all owners of the units in the house. This is without prejudice to the provisions of specific legislation7.

(4) If modifications, operation and repairs of other units or of the house as a whole are strictly required, the owner of the unit shall be obliged to allow access to the unit at the previous invitation. The unit owner is obliged to allow the installation and maintenance of the unit's heat and water measuring equipment and to allow the reading of the measured values.

(5) The relevant provisions of the Civil Code apply to the lease and sublease of the apartment. 8) Specific regulations apply on the rental and subletting of non-residential space. 9)

(6) If there are premises and facilities in the house which also serve persons other than the owners of the units, such as boiler rooms, exchange stations, civil protection shelters, laundry rooms, drying facilities and facilities of an operational nature, the rights and obligations of the existing owner of the building relating to those premises and facilities shall pass on to the owners of the units or, where appropriate, their legal successor by acquiring ownership of the unit.

(7) The owners of the units shall be liable for Community liabilities in proportion to the size of the joint ownership shares in the common parts of the house.

§ 14

If the owner of the unit intervenes in the law of the other owners of the units in such a way that he or she significantly limits or makes it impossible to exercise it and fails to fulfil the obligations imposed by a judgment of the court, the court may order the sale of the unit on a Community proposal or on a proposal of one of the owners.

§ 15

(1) The owners of the units are obliged to contribute to the costs of house and property management. Unless the agreement provides otherwise, the costs shall be borne in proportion to the size of the joint ownership interest (Paragraph 8 (2)).

(2) For the purposes referred to in paragraph 1, the owners of the units shall make up pre-determined funds as advance payments. The amount of the advances shall be determined by the owners of the units by the order of the assembly in advance so as to cover the expected costs that will have to be incurred in the coming months and in subsequent years. The amount and the date on which it is due shall be communicated to the owners of the units by the committee or by the authorised owner. If the Committee or the authorised owner is not elected, the amounts referred to in paragraph 1 shall be decided by an absolute majority of all owners of the units in the house. Paragraph 11 (6) shall apply mutatis mutandis.

(3) In order to ensure the legal claims of the owners of the units under the obligations referred to in paragraph 1, the decision of the court of the owners of the units shall give rise to a lien to the debtor's unit.

(4) If a legal entity has been created (§ 9), the funds provided by advance payments to owners are a liability of the legal entity to the owners of the units. In settlement of a legal person's liability to the former owner of the unit, the advances paid as advances under paragraph 2 shall not be taken into account.

§ 16

(1) The claims of owners of units arising from non-compliance with the obligations referred to in Articles 13 (2) and 15 (1) shall be satisfied, by virtue of the rules laid down in Article 337 (1) of the Civil Code, before other claims, before the other claims.

(2) In the exercise of the lien, the provisions on the lien for rent, 10), with the exception of matters excluded from the enforcement of the decision, apply mutatis mutandis to movable property belonging to the unit owner or persons living with him.

ČÁST TŘETÍ

_

§ 17

(1) Mutual rights and obligations in the construction of a house with units pursuant to § 2 (h) shall be defined by the builders by a construction contract which shall be in writing.

(2) If the construction contract and the transfer of the joint ownership shares to the land in accordance with Paragraph 21 (3) are part of the construction contract, the builders shall acquire the joint ownership rights to the land under this construction contract under a special law. 10a)

(3) The construction contract provides for mutual rights and obligations for the construction of units in the form of roof superstructure, soil superstructure, extension or modifications to create new units or to change the size of the unit and the extent of its accessories at the expense of the common parts of the house.

(4) The construction contract referred to in paragraph 3 is concluded by builders who are the owners of units in the house and by new units (s).

(5) If the builders are the owner of the building in which the units are not yet defined, and the builder (s) of the new unit (s), the content of the construction contract and the definition of the units in the existing building, as provided for in Section 4 (1), including the determination of the size of the joint ownership shares of the units in the common parts of the building, shall be as follows: Paragraph 18 (1) (c) is without prejudice to this.

(6) The creation of the ownership of the built-in unit changes the ownership of the existing owner of the building to the ownership of the units in the house. The construction contract is a mandatory annex to the proposal for the deposit of an established unit into the property register. The property right to the units in the house shall be entered in the property register by recording under the construction contract. As the owner of the unit, the construction works listed in the construction contract (§ 18 (1)) shall be entered in the property register, unless otherwise demonstrated.

(7) In the absence of ownership of the units referred to in paragraph 6, the acquisition of ownership of existing units in the house shall be subject to the provisions of § 7; the compulsory annex to the application for authorisation of the transfer of ownership rights to the property register under the first unit transfer contract in the house is in this case the construction contract pursuant to § 18 (5).

§ 18

(1) The construction contract must include in particular:

(a) the name of the cadastral territory, the partynumber of the land on which the construction will be carried out, as indicated by the cadastral reality3) and the adjustment of the rights thereto;

(b) the unit number, including its name and location in the house, the determination of the size of the unit floor area, its accessories and its equipment and the identification of which of the builders will be the owner of the unit;

(c) identification of the common parts of the house which will be common to the owners of all the units and identification of the common parts of the house which will be common to the owners of only certain units;

(d) the determination of the co-ownership interest in the common parts of the house, the size of which is determined by the reciprocal ratio of the size of the floor area of the units to the total area of all units in the house (§ 8 (2));

(e) the way in which the house and land are managed, in particular the identification of the matters to be reserved for joint decision-making, who represents the co-owners of the house on the outside, how the representative is established and for what period;

(f) the way in which the construction costs are financed, the amount and maturity of the contributions, and, where appropriate, the scope and method of valuation of the construction works of the builders;

(g) rules for contributing co-owners of the house to the costs of managing, maintaining and repairing the common parts of the house as a whole after construction has been completed.

(2) The building contract shall be accompanied by the ground-floor features of all floors, including their schematics, identifying the location of the units and the common parts of the house, with details of the floor areas of the units.

(3) The construction contract is annexed to the application for a building permit.

(4) If a building builder whose construction has already been started on the basis of a building permit decides to complete the building with the participation of future owners of the units, he shall conclude a construction contract with those future owners of the units and shall attach this additional construction contract to the design for the building approval.

(5) If the construction contract is concluded at a time when the house with units is already at such a stage of construction that the construction and functional arrangement of the first above-ground floor is already visible, but there are no units still in place [§ 2 (e) and (f)]], this contract must be preceded by the transfer of the corresponding co-ownership shares to the built-up building.

(6) If the construction contract is concluded at a time when the house with units is already built [Sections 2 (e) and 2 (f)], the contract must be preceded by the transfer of ownership to the built-up units.

(7) In the cases referred to in paragraphs 4 and 5, Article 5 (2) applies mutatis mutandis.

(8) If the construction changes provided for in Article 17 (3) are not made, the builders shall, until the time when the ownership of the units (Article 17 (6)) is established, be co-owners of the built-up house with the units to the extent that the co-ownership of the future owners of the units will be in the common parts of the house, determined in accordance with Article 18 (1) (d).

§ 19

The house built under this law will be marked in the real estate register on a proposal from the owners of the units according to the data contained in the construction contract (Sections 17 and 18) and the geometrical plan drawn up, the number of the descriptive and approval decisions.

ČÁST ČTVRTÁ

TRANSFER AND TRANSFER OF THE OWN FUNDS

§ 20

(1) With the transfer or transfer of ownership to the unit, the joint ownership of the common parts of the house, or other rights and obligations associated with the ownership of the unit and the joint ownership of the common parts of the house, shall be transferred.

(2) If the owner of the unit is a joint owner of the land, the ownership of the unit may be transferred only at the same time as the transfer of the joint ownership of the land. The transfer of ownership to the unit is conditional on the transfer of a joint ownership interest in the land.

(3) The rights and obligations of the former owner of the building and, where applicable, the owners of the units in the house, relating to the common parts of the house and land, in particular the lien and material burdens, are transferred to new owners of the units by acquiring ownership of those units.

(4) The owner of the unit shall notify the acquiring community of the ownership of the unit.

ČÁST PÁTÁ

REVIEW RIGHTS

§ 21

(1) Property of the unit is associated with land rights (building plot). If the owner of the building and the owner of the land is the owner of the property, he shall transfer to the owner of the unit the joint ownership share of the land corresponding to the size of the joint ownership interest in the common parts of the house (Section 8 (2)). The provisions of the previous sentence shall also apply to the original owner of the building and the joint owner of the land.

(2) If the co-owners of the land are not all owners of the units in the house or are not co-owners in proportion to the joint owners of the common parts of the house (§ 8 (2)), the owners of the units shall carry out a transfer of shares between them so that the co-ownership of the land corresponds to the co-ownership of the common parts of the house. The transfer of a joint ownership interest to the land is part of the unit transfer contract (§ 6).

(3) The provisions of paragraphs 1 and 2 apply mutatis mutandis to the adjustment of the rights to land for construction of the house. The transfer of co-ownership shares to the land is part of the construction contract between the builders (§ 17).

(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis even if the owner of the building or the original owner of the units not transferred in the house has a right to the land other than the right of ownership, in particular the right to rent. The owner of the land shall adjust the land rights to the owners of the units by written contract so that the extent of their land rights corresponds to the extent of the joint ownership shares in the common parts of the house.

(5) If the owner of the unit and the owner of the land do not, by 31 December 2000, enter into a written contract for the right to land before 31 December 2000, on 1 January 2001, the owner of the unit shall be subject to a substantive burden (10b) on the land built up for compensation. The content of the material burden is the right of the owner of the unit to co-use the built-up plot to the extent appropriate to the size of the joint ownership shares in the common parts of the house. If the transfer or transfer of ownership of the unit takes place, the acquirer of the unit shall be entitled to the burden in kind.

(6) The object of the substantive burden referred to in paragraph 5 shall also be the courtyard, if the house is enclosed on all sides and is not built by the construction of another owner.

(7) The housing cooperative which, as owner of the dwelling house or of the untransferred units in the house, has acquired free of charge the land pursuant to § 60a of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, as amended by Act No. 229 / 2001 Coll., and transfers ownership to the unit to a natural person, shall simultaneously transfer to the acquirer of the unit a joint ownership interest in that land corresponding to the size of the joint ownership interest in the common parts of the house (§ 8 (2).

ČÁST ŠESTÁ

SPECIAL PROVISIONS

Citation	Full text of Act No. 65 / 2002 Coll., Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (Law on the ownership of flats), as shown by subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	26.02.2002
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 65 / 2002 Coll.

Full version of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as seen from subsequent amendments

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