Act No. 88 / 1947 Coll.
Law on Construction Law
Valid
Effective from 10.07.1947
88.
Law
of 6 May 1947
about the right of construction.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The concept of building rights.
The land may be encumbered by the right of another person, having construction on or under its surface (right of construction). It does not matter whether the construction is already established or not.
The right of construction may be established in such a way as to apply to land which is not required for construction, but which is used to improve its use.
The right of construction is a real estate thing. The construction is also governed by the provisions on real estate matters, but it is not a separate matter.
The creation and demise of building law.
The right of construction arises as soon as it is registered as a failure of the loaded land. The right of construction may not be preceded by liens and other defects which are paid in cash or are contrary to the purpose of the right of construction.
The right of construction can only be established as a temporary right. The final day of the period for which it is set must be evident from the library registration.
The right of construction may be set up for salary or free of charge. If the salary depends on repeated doses (building salary), its size and maturity cannot be made dependent on uncertain events in the future. The building salary can be secured on the right of construction as a real burden.
The right of construction cannot be limited by a loosening exception.
The duration of the right of construction may be extended only with the consent of those for whom the library rights are registered in the programme for the right of construction.
If the construction works are waived, the owner of the burdened land may, according to the documents proving this, transfer the construction right to himself or to another person for a period of time.
The erasure of the right of construction before its time expires may happen without the consent of the persons who acquired the library rights only with the limitation that the legal consequences of erasure, taking account of these rights, will only be deleted.
Legal circumstances from the law of construction.
In the construction of the Convention, the builder has the same rights as the owner, and in the other use of the land encumbered by the right of construction, the same rights as the recipient, if nothing else is negotiated.
The contract may be imposed on the builder to carry out the construction within a certain period of time.
The right of construction can be transferred and loaded by the builder. The right of construction is transferred to the heir.
If nothing else is negotiated, the construction works have the right to pre-purchase the building plot and the owner of the building site.
In order to protect its right to a construction or building site, the builder has actions similar to actions of ownership and alleged ownership.
If nothing else is negotiated, the owner of the building plot shall be obliged to give a replacement to the builder when the construction right ceases to exist within the period on which it was set up.
The amount of compensation and the method of estimation may be established first. Otherwise, half of the value the construction has at that time is paid.
The lien and other rights attaching to the right of construction affect compensation.
The rights and obligations of participants may be otherwise regulated by the contract only if the law does not preclude it. Adopted conventions may be entered in public books and then applied against third parties.
The right of construction is sufficient to ensure that the burden does not exceed one half of its price and that the debt by agreed instalments or even instalments of maximum annual instalments is repaid no later than the fifth year before the cessation of the right of construction.
In the case of execution on a building plot, a provision for execution on a property burdened by a service is used mutatis mutandis. Building salary is income from real estate. If public benefits are to be carried out which, according to the current provisions, are to be satisfied from the property on the priority programme, the auctioneer's compulsory management, the auctioneer shall assume the right of construction without any deduction from the highest filing.
Library court hearing.
A separate library insert is also set up for the right of construction registered as a defect. All entries against the builder are made in this insert. In particular, the date on which the right of construction ends is marked in the insert.
(1) If, according to the library condition and the relevant documents, the application for registration of the building right is accepted, the application shall be noted in the books. This comment has the same legal consequences as the footnote on the programme.
(2) If the land to be encumbered by the right of construction is only part of the library body, it is to write it off and set up a special library insert for it. The application will be marked on the list of defects of the new insert.
At the same time, they shall be invited by the authorities and authorities called upon to impose and enforce public taxes and benefits which they enjoy on the land of a priority right to declare their rights within 15 days, otherwise having the programme for the right of construction for which registration has been applied for. The person to be asked to do so shall be indicated in the application for registration of the building right. The challenge is delivered to your own hands. If a special body has been set up from the building site, the invitation shall also indicate the library insert from which the building site was written off.
If no such priority law has been registered within the prescribed period, it shall be decided without delay on the registration of the building law. If such rights have been declared, the applicant shall be informed. The registration may only be authorised if the registration or the right applied for has been established. If such a document is not submitted to the court within 60 days after the applicant has been informed of the notification, the endorsement of the application shall be deleted from the register.
If the right of construction ceases to exist, it shall be deleted at the sole request of the owner.
Provisions payable.
The general fee rules with derogations laid down below shall apply to the assessment of the charge on the disposal or further transfer of the building right or the transfer of the land under this law.
(1) If the fee is not based on the agreed remuneration, the value of the right of the construction or of the land encumbered by that right shall be examined as follows: First, the aggregate value of the property (land and buildings, if already on it) shall be determined as if the property had not been encumbered by the law of the construction.
(2) The value of the building right, calculated in that regard by the construction acquired or set up under that law (§ 3), shall be estimated by so many hundredths of the aggregate value of the property, examined in accordance with the preceding paragraph, of the number of years between the time they decide to measure the fee and the period of termination of the construction right; fractions of the year, if they reach six months, shall be considered as a whole year, otherwise they shall not be taken into account.
(3) The value of the land encumbered by the law of the construction is the amount remaining if the value of the building right, even with construction, is deducted from the total value of the property (§ 3), determined in accordance with the preceding paragraph.
(4) If the value examined under the previous provisions is not adequate, it shall be used to determine the value of the right of the construction or of the land under its charge.
(1) The value of the repayable benefits agreed under Paragraph 6 (building salary) shall be determined by the aggregate amount of the building salary, if the time between the period of charge and the time of termination of the building right is less than 10 years. If this period is 10 or more years, but not more than 45 years, it shall be set at 10 times the annual building salary, if more than 45 years old.
(2) If the recurring benefits for each year are agreed by inequal amounts, the basis for calculating the annual average of these benefits for the entire duration of the construction right is the same.
The right of construction shall be assessed for the provision of fee relief if the land under it is not built up as an unbuilt land, but is built up as a building.
(1) The real estate charge, calculated in accordance with the previous provisions, is reduced to half if the right of construction is established for a public-service housing association and if, on the first library programme, this right is subject to a real burden on the State (financial administration) of the association to issue on land under construction law, within 3 years of its establishment, houses with small apartments and small establishments under Section 136 of the Direct Taxation Act, and if, first, it is not intended to transfer to physical persons within 10 years.
(2) If the association fails to comply with the obligations referred to in paragraph 1, the relief shall cease. The facts justifying the loss of relief shall be notified to the Financial Office within 15 days of their establishment; Otherwise, an increase equal to the supplement shall also be determined for a proper fee.
Final provisions.
The existing provisions on the use of premises above and below land remain unaffected.
The Law of 26 April 1912, No 86, on the right of construction, is hereby repealed.
This Law shall take effect on the 30th day following its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Dr Stránská v. r.
on behalf of the Minister for Dr Drtina
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Regulation Information
| Citation | Act No. 88 / 1947 Coll., on the Law of Construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1947 |
|---|---|
| Effective from | 10.07.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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