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Registration into the Cadastre of Real Estate

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Entry

• Entry is used for registration of constitution, change, termination, prescription of rights and recognition of their existence or non-existence

• Proposal for start of the entry proceeding into the cadastre of real estate must be submitted solely on the prescribed form fulfilling the requirements as stipulated in the § 14, part 1 of the Act Nr. 256/2013 Coll.  , about the Cadastre of Real Estate (Cadastral Act).


• Formalities of the proposal for entry
  • Name of the cadastral office – the appropriate cadastral office for entry submission is that, in whose scope of authority the property in question (being the subject of the contract or of another document) is located.
  • Indication of the participants of the proceeding–the participant of the entry proceeding is the person whose right is constituted, changes or extends and the person whose right terminates, changes or is restricted. Natural persons are indicated by their names (both first name and surname), permanent residence address or the home address abroad for foreigners, birth number or in case it does not exist the date of birth, and in case they are the petitioners the number of electronically readable identity card. Legal persons are indicated by the name, seat and identity number (IČO) in case it exists. The advocate or other person acting on behalf of the participant is not the participant of the proceeding.
  • Indication of real estate and rights to be registered into or deleted from the cadastre.
  • Signature of the petitioner.

• Annexes of the proposal for entry:
  • Document (1x), based on which the right into the cadastre should be registered.
  • Inseparable part of the document is the survey sketch, in case the subject of registration has to be depicted in the cadastral map.
  • Power of attorney with officially certified signature of the principal in case the attorney acts on behalf of the participant of the proceeding; in case the entry is based on the public document and the attorney is the person who wrote this public document, the signature of the principal need not be officially certified.
  • Officially certified translation of the document based on which the right has to be registered into the cadastre, in case it is not written in Czech language.
  • The procedure of cadastral offices and documents/annexes of the proposal for entry together with other papers for proceeding of entry of right into the cadastre of real estate are in detail specified in § 11 – 18 of the Cadastral Law and § 26 a § 66 – 70  of the Decree Nr. 357/2013 Coll.  .
  • The entry proceeding also starts in case the appropriate cadastral office receives the decision or confirmation of right, which has to be registered into the cadastre of real estate by entry, from the court or court executor

• Administration fees:
  • Every submission for start of entry proceeding is charged by the administration fee (further only „fee“) of CZK 2 000 as stipulated in the item Nr. 120 of the Annex to the Act Nr. 634/2004 Coll., on Administration fees, in later wording.
  • Every submission for start of entry proceeding based on the documents related to construction of community buildings (contracts signed with the purpose of realization of community building) for waste processing, water supply, sewage systems and treatment, for public transportation, public education, public administration etc. is charged by the cadastral office in the maximum amount of CZK 20 000 in total.
    • The persons submitting the proposal for start of entry proceeding into the cadastre of real estate and having the possibility to be charged by maximum CZK 20 000 are requested to notify the cadastral office immediately while submitting the proposal together with proving the fact, that this concession can be applied to them.
  • If the applicant submits more proposals for start of entry proceeding together, the fee has to be paid for each single proposal separately.
  • The fee for receipt of complete sounding of declaration about distribution of right to the building and parcel in the ownership rights to units (flats) and its saving in the Collection of Documents or receipt of the co-owners´ agreement about administration of immovable property and its saving in the Collection of Documents is CZK 500.
  • Unless the participant of proceeding, who submitted the proposal, pays the fee in the stated amount even after the appeal of the cadastral office, the office will stop the proceeding for entry after expiration of the time for the payment in accordance with §  5 art. 4 of the Act Nr. 634/2004 Coll.
  • In accordance with § 8 of the Act Nr. 634/2004 Coll. some participants of the proceeding or some transactions can be exempted from the fee.
  • If the proposal for start of entry proceeding is submitted by the proposer – participant of proceeding, who is exempted from payment of the fee, cadastral office does not ask for payment form the second participant of the proceeding, because the obligation of payment belongs to the proposer. The second participant should pay the fee only in case that he submits the proposal for start of entry proceeding into the cadastre of real estate together with the participant exempted from the payment.
  • Administration fees and payments connected not only to the submission of the proposal for entry are stated in the Scale.
  • The administration fee can be paid by revenue stamps in case the fee does not exceed CZK 5000, in cash in the particular cadastral branch office or via cashless payment to the special account of the state budget founded for the particular cadastral office. Payment data are given to the client directly in the filling office after personal submission or are sent to him after registration of the submission in the same way as the submission was delivered.
• Procedures realized in the cadastral office after receipt of the proposal for entry proceeding:
  • Cadastral office informs immediately those persons, whose rights registered in the cadastre are to be changed or deleted, about the fact that the rights are affected by a change in one of following ways: via the Service for monitoring of changes (Watchdog), sending the message to the data box or via recorded delivery to the natural persons with the permanent residence in the CR to the address of their permanent residence, to the natural persons not having permanent residence in the CR to their residence address and to legal persons to the seat address.
  • The petitioner can withdraw his proposal, but the entry proceeding is stopped solely in case all participants of proceeding do agree with it.
  • Cadastral office decides 20 days after sending the information to persons, whose rights registered in the cadastre are to be changed or deleted, about the permission on the entry of right into the cadastre in case it fulfils all the conditions for registration; otherwise it is refused.
  • In case the entry was permitted and registered, the cadastral office sends the information to all participants of proceeding about the type of entry. In case the participant of the proceeding is represented in the entry proceeding by the authorized person, not only this person but also directly the participant of proceeding is informed.
  • There is no possibility to raise any remedial measure, re-hearing, proceeding renewal or the claim in administrative justice against the decision about the entry permission.
  • There is a possibility to raise the claim against the decision about refusal of the entry in accordance with the provision of the civil procedure code about the subjects which were decided by another authority. This must be submitted in statutory period of 30 days after delivery of the decision.

Record

• Record is such a registration into the cadastre, by which the rights derived from the ownership right are registered.
• Record is used for registration into the cadastre regarding:
  • competencies of structural components of the state and state organizations to deal with the state property management,
  • the right to deal with the state property management,
  • administration of real estate owned by the state,
  • property of the Prague-city delegated to metropolitan districts of Prague,
  • property of chartered towns delegated to urban or metropolitan districts of these chartered towns,
  • property owned by the local self-government administrative unit transferred to the structural component of the state for its own economic use,
  • property owned by the local self-government administrative unit transferred to the institution receiving contributions from the State budget for economic use.
• Record proposal can be submitted by the subject being legally interested in its realization, the public power authority or the local self-government administrative unit which decided about the registered right or authorized it.


• Procedures regarding the registration by record and the documents proving the right, which has to be registered, are regulated in provisions § 27 and § 71 of the Decree Nr. 357/2013 Coll.  .


• Cadastral office verifies whether the record proposal has been submitted by the authorized person, whether the submitted document is grammatically and numerically correct and without any other incorrectness and whether it follows the previous registrations in the cadastre. In case the document is applicable for record, the cadastral office realizes the registration into the cadastre, otherwise the document is sent back to the submitter with the written justification.

Note

• Note is such a registration into the cadastre, by which significant information about real estate or owners and other beneficiaries registered in the cadastre of real estate are registered.


• Cadastral office registers the note based on the delivered decision or announcement from the court, tax administrator, business company administrator, expropriation authority, court executioner, auctioneer, insolvent administrator, State land office, other administration body or based on the confirmed proposal of the subject for whose benefit the note has to be registered.


• Following notes to the real estate are registered regarding:
  • submitted proposal for order to execute a judgement by real estate administration, its sale and creation of a judicial lien with respect to real estate,
  • execution order against real estate administration and sale,
  • execution order against the business company,
  • resolution to carry on the execution by the business company administration, resolution to order the sale of the business company in auction,
  • resolution to carry on the enforcement by the business company administration, resolution to order the sale of the business company in auction,
  • resolution to order the enforcement by the real estate administration, its sale and by affecting the business company,
  • notice for the insolvency administrator of the list of real estate, which are according to the cadastre in the ownership of another person than in the debtor´s one,
  • resolution to order the preliminary measures,
  • making a contract about realization of the involuntary auction,
  • requests about the compulsory purchase of rights to parcels and buildings submitted to relevant expropriation authority,
  • commencement of land consolidation,
  • decision about approval of land consolidation,
  • another decision then under m) or general provision, which either limits the authorization of the owner or another beneficiary to dispose with the subject of right registered in the cadastre or which is legally constrained,
  • submitted claim in which the petitioner seeks that the court decides in such a way regarding the real estate registered in the cadastre based on which the entry into the cadastre could be realized unless it is the base for registration of the note of disputable registration,
  • reservation regarding the fact that the fixed machine or other fixed device is not a part of the real estate,
  • the appellate review of the ineffectiveness of the legal proceedings,
  • right of use and enjoyment not registered by entry so as constraint of the scope or type of use and enjoyment by the co-owners,
  • reservation of the antecedent order for another right,
  • antecedent right to create material right for another person,
  • suspension of co-ownership annulment and suspension of co-ownership separation,
  • agreement about the fact that the owner has not the pre-emptive right to the right of building and the owner of the building has not the pre-emptive right to the parcel,
  • agreement reservation regarding the encumbrance of the building right,
  • prohibition of mortgage creation,
  • obligation not to prefer a new right of lien to the old one,
  • obligation not to allow registration of a new right of lien instead of the old one,
  • building, which is not a part of the parcel,
  • start of the performance of the right of lien,
  • provision about the order of the rights of lien,
  • discharge of the right of lien,
  • trusteeship succession,
  • prohibition of disposition over the real estate,
  • temporary nature of the material right on the base of securing transfer of title,
  • handing over real estate data to the registry of the Office for Government Representation in Property Affairs,
  • limitations on management and disposition over the real estate in connection with subsidy provision from the public funds.

• Following notes to the person are registered regarding:
  • notification about the execution order unless the debtor is the state or the local self-government administrative,
  • resolution to order preliminary measures according to which the debtor cannot handle the property assets or can handle it solely with the approval of the preliminary insolvency administrator,
  • notification of the insolvency court about the issuance of a bankruptcy decision,
  • decision of the adjudication of bankruptcy,
  • other decision than under d), according to which the person cannot handle his property assets or its not clearly defined part.
     
• Procedures regarding the registration by note and the documents based on which the cadastral office registers the note are regulated in provisions § 28 and § 72 - 73 of the Decree Nr. 357/2013 Coll.  


• Note of disputableness of the registration will be registered by the cadastral office in case that the person whose material right is affected seeks the elimination of the inconsistency and proves the claim before the court; further based on judicial notice about submitted claim or based on proved plaintiff proposal, if he brings an action to decide that the legal proceeding based on which the right has to be registered into the cadastre is invalid, colourable or cancelled. In case that in two months period since delivery of the note of disputableness no proved evidence occurs that the action was brought to the court, cadastral office deletes the note. In case the court accommodates the claim about the subject of the disputableness note, cadastral office deletes all registrations having been affected by this note and consequently officially notifies affected persons.

Notation of Changes

• Owners and other authorized persons are obliged to notify the changes in cadastral data regarding their real estate to the cadastral office , namely in 30 days since they occurred, and submit the document proving it (§ 37 par. 1 letter d) of the Act Nr. 256/2013 Coll., about Cadastre of real estate).


• Notation of changes concerns particularly the change of the building circumference, of the use mode of building or parcel, demolition of the building etc.


• Notation of changes has to be proved by the relevant document (f.i. the planning permission of the construction office, approval of the authority for preservation of the agricultural land, decision of the state authority for forest management, surveying sketch).


• There is no obligation of notification of changes for those owners and other authorized persons in case of change of the address of their permanent residence or name and surname of the registered person, who is registered in the registry of inhabitants; the same is valid for such changes following from the documents which are mandatorily sent to the cadastral office directly from the state authorities to the registration into the cadastre.