Decree No. 357 / 2013 Coll.

Ordinance on the Land Register (cadastral decree)

Valid Order Effective from 01.01.2014
357
DECLARATION
of 1 November 2013
on the property register (cadastral decree)
According to § 66 (1) (a) to (c) and (e) to (i) of Act No. 256 / 2013 Coll., on the cadastral property register (cadastral law), the Czech authorities provide:

ČÁST PRVNÍ

GENERAL PART
§ 1
Subject matter
This decree regulates
(a) the content of a set of geodetic information;
(b) the content of the descriptive information file;
(c) activities in the management and restoration of the cadastral operator;
(d) the procedure for verifying the authenticity of the signatures on the private registers for registration, if the signatures are not officially verified;
(e) formats and other technical parameters of documents in electronic form accepted for the registration of rights,
(f) instruments for registration in the register where the law provides that a particular fact entered in the register is to arise, be amended, cease or cease to exist, but does not provide for a document on the basis of which that change is to be entered in the register,
(g) surveying activities for the purposes of the register, drawing up geometrical plans and laying down the boundaries of the land;
(h) the marking of the territorial boundaries of municipalities and the boundaries of land in a permanent manner.
§ 2
Definition of terms
(1) For the purposes of this decree:
(a) by numerical expression of the subjects of the half-book determination of the S-JTSK coordinates using geodetic methods;
(b) a demarcation point a point situated within the cadastral territory, a plot, a view of a building or a waterworks in a cadastral map close to their centre with the coordinates specified in the S-JTSK;
(c) by the circumference of the building the penetration of the outer circumference of the building with the terrain or, in the case of atypical buildings, the vertical projection of the outer circumference of the building on the terrain;
(d) the parcel of simplified registration of the land registered in a simplified manner under the cadastral law, which is geometrically and positally designated, displayed in the graphic operator of the previous land register and marked with a parcustoms number generally according to that previous land register;
(e) by filling the information on the property that the rights to it are affected by the change;
(f) land lines by a local name designated as land or land grouping outside the built-up territory;
(g) the original result of the surveying activity, the result of the surveying activities, which was the basis for the registration of a valid geometrical and position designation;
h) S-JTSK coordinate system Single trigonometric grid catastral,
(i) by secondary construction, a building which is designed to be permanently used with the main construction within their economic purpose and which is not a small construction;
(j) by recording the detailed measurement of changes, the result of the surveying activities under this decree, as well as similar results of the surveying activities carried out under previous legislation, documented at the cadastral office, in particular the measurement part of the geometrical plan, the field and / or the documentation related thereto, such as the notebook of the measured data.
(2) The provisions of this Order relating to the owner shall apply mutatis mutandis to a right derived from the right of ownership (hereinafter referred to as "derived right ').
(3) The provisions of this Order concerning the owner shall apply mutatis mutandis to the trust administrator.
(4) The provisions of this Decree on real estate shall apply mutatis mutandis to units defined under the Housing Act.
(5) The provisions of this Decree concerning rights in rem in foreign matters shall apply mutatis mutandis to rights agreed as rights in rem and to rent and dues.

ČÁST DRUHÁ

CONTENTS OF THE GEODETIC INFORMATION FORM

HLAVA I

CATASTRAL MAPA
§ 3
Catastral map and its content
(1) Catastral map is a state map of a large scale.
(2) The contents of the cadastral map shall be a semi-copy and a description which shall be marked in accordance with point 10 of the Annex to this Decree.
§ 4
Form of the cadastral map
(1) The catastral map is in digital form. The catastral map established under previous legislation may be kept on a plastic sheet until the operator is restored.
(2) The catastral map in digital form is maintained by computer means in S- JTSK on the 1: 1 000 scale.
(3) The catastral map may take different forms for the whole parts of the cadastral territory.
§ 5
Half-book of the cadastral map
(1) The half-life of the cadastral map includes a view of the borders of the cadastral territories, the borders of the territorial administrative units, the national borders, the borders of the land, the perimeter of the buildings and the waterworks registered in the cadastral chart, other elements of the half-life, the boundaries of the protected territories and the protection zones and the points of the position field. The half-hop of the cadastral map in digital form contains a view of the boundaries of the extent of the material burden to the part of the plot.
(2) Other elements of the half-book are:
(a) bridge,
(b) the release and tunnel in the filling body of the road, where the water flow or infrastructure passes through it, the land under that water flow or infrastructure being registered as a parcel;
(c) the perimeter of the building which is the main construction and which is part of the property or part of the building right;
(d) the perimeter of the building which is a secondary construction.
(3) Borders and circuits of buildings and water works are displayed in the cadastral map by direct links of their quarry points or points inserted into these direct links. If the boundaries are formed by a circular arc or another curve according to the previous sentence, the segments whose length is selected shall be expressed so that no point on the segment deviates by more than 0,10 m from the actual path of the boundary. If it is not appropriate to follow the previous sentence, the circle or part thereof may be used.
(4) The measurements shall distinguish the detailed shapes of the half-letter items if the length of the direct line of the refraction points is at least 0,10 m. In order to display the half-hoist in the map on the plastic sheet, the link of the refraction points on the map shall be at least 0,2 mm long, otherwise it shall not be displayed.
§ 6
Description of the cadastral map
(1) The description of the cadastral map consists of:
(a) points numbers of the position point field;
(b) the number of border signs at the national border;
(c) local and local nomenclature
1. names of local authorities and parts of municipalities;
2. local names of land lines in the standardised version;
3. in the relevant sheets of the cadastral map, standardised versions of the names of neighbouring States;
4. the names of the public spaces;
5. names of water courses and water areas, as standardised,
(d) map marks of buildings and water works; and
(e) the indication of the parcels with the parcel numbers and map marks; If the perimeter of the building is displayed in the plot, the parquet number shall be located within the perimeter of the main building.
(2) In the case of a cadastral map maintained on a plastic film, its description also consists of extra-frame data, which is the name of the Catastral map, the designation of the map and the location of the map in the country, the data on the coordinate system, the scale, the marking of the adjacent map sheets, the data on the creation of the cadastral map, the tiratical data and the boundary sketches.

HLAVA II

GEOMETRIC AND LOCAL DETERMINATION
§ 7
(1) In the geodetic information file are geometrically and positally determined
(a) the cadastral territory;
(b) land;
(c) the extent of the burden in kind to the part of the parcel;
(d) buildings and water works,
(e) other elements of the half-book.
(2) The geometrical and positional determination shall be given by the numerical expression of the elements referred to in paragraph 1 and by the interconnections of the quarry points, or only by the display of the boundaries or circuits of those elements in the cadastral map.
(3) The accuracy of the geometrical and positional determinations results from the characteristics and criteria for the accuracy of the determination of the detailed points or from the characteristics and criteria for the accuracy of the border display in the cadastral map referred to in points 13 and 15 of the Annex to this Regulation. The accuracy is expressed by the code of the quality characteristics of the coordinates (hereinafter referred to as the "quality code ') for the coordinates of the detailed points that were identified in the S-JTSK.
(4) The geometric and location identification of the parcels registered in a simplified manner is due to the numerical expression of the land boundaries according to the original results of the surveying activities or merely to the representation of the progress of the boundaries in the graphic operator of the previous land register.
§ 8
Data on the point of the detailed position point field
In the cadastral, the following geodetic data shall be recorded in the detailed position field:
(a) point number;
(b) location data on the cadastral territory and the municipality and the designation of the sheet State Map 1: 5 000;
(c) coordinates in S-JTSK and point height;
(d) a drawing with search rates;
(e) outline or detail,
(f) a description, method of stabilisation and determination of the point; and
(g) a note.

ČÁST TŘETÍ

CONTENTS OF THE FIXED INFORMATION

HLAVA I

DATA ON CATASTRAL TERRITORIES AND IMMOVITY
§ 9
Catastral territory
(1) The following data shall be kept on the cadastral territory:
(a) the name of the cadastral territory;
(b) the code number of the cadastral territory;
(c) the name and the code number of the municipality in whose territory the cadastral territory is situated, linked to the name and code of the municipality,
(d) the name and the code number of the county and district in which the cadastral territory is situated, the municipalities with extended competence and the municipalities with an authority of the municipal authority whose administrative district is the municipality in whose territory the cadastral territory is situated; in the case of a cadastral territory within the territory of the capital city of Prague, only the name and code number of the region,
(e) the type of numbering of parcels referred to in point 8 of the Annex to this Decree and the form of the cadastral map,
(f) the coordinates of the boundary point of the cadastral territory in S-JTSK.
(2) The name of the cadastral territory is unique within the Czech Republic.
§ 10
Land
(1) The land register should include:
(a) jurisdiction in the cadastral territory;
(b) the number of the certificate of ownership;
(c) the distinction and type of numbering of parcels as set out in point 8 of the Annex thereto;
(d) the customs number,
(e) the area of the parcel;
(f) the code of the method of determination of the area;
(g) the type of land and the use of the land referred to in points 1 and 2 of the Annex thereto;
(h) the building details referred to in Article 11 (1) (d), (e), (f), (g) and (m) which is part of the parcel and which is the main building on the parcel, or similar waterworks associated with the country with the fixed base which is part of the plot;
(i) data on units defined under the Civil Code;
(j) the number of the certificate of ownership on which the construction of the owner other than the owner of the land is registered, provided that the construction is not part of the construction law;
(k) the type and method of property protection referred to in point 7 of the Annex to this Decree;
(l) data on rights,
(m) a notice concerning the land;
(n) the designation of the cadastral map sheet;
(o) the coordinates of the demarcation point in S-JTSK.
(2) The parcels are identified by numbers expressed in Arabic numerals
(a) in two numerical lines, separately for land and construction parcels; or
(b) in one number line.
(3) The parking number takes the form of a separate stem number or fraction. The parquet number in the form of a fraction shall consist of the stem number in the numerator and the subdivision number in the denominator. The stem number may be not more than five-digit, no more than three-digit.
(4) The code of the method of determination of the area distinguishes whether the area is determined
(a) from the coordinates of the refraction points in S-JTSK with the quality code 3 or 4; the method of determination of the area shall be indicated by code 2;
(b) directly measured measurements or coordinates in the local system; the method of determining the area is identified by code 1,
(c) from the coordinates of the refraction points in the S-JTSK, of which at least one refraction point has a coordinate with the quality code 5 to 8; the method of determining the area shall be identified by code 0; or
(d) graphically, by planimeter, by calculation of the measure measured on the map, or by calculation of the coordinates of the refraction points on the perimeter of the parcel or part of the parcel measured on the map; the method of determining the area is identified by code 0.
(5) In the register, simplified records are recorded on the parcel
(a) jurisdiction in the cadastral territory;
(b) the number of the certificate of ownership;
(c) the distinction and type of numbering of parcels and their origin in accordance with point 8 of the Annex thereto;
(d) the customs number,
(e) an indication of the original cadastral territory for parcels registered in a simplified manner affected by the change in the cadastral boundary;
(f) the original or residual area after changes in property law;
(g) data on rights;
(h) a notice concerning the land.
§ 11
Building and Water Works
(1) In the cadastral, a building and water works connected with the ground with a solid foundation which is not part of the property or part of the building law are recorded
(a) jurisdiction in the cadastral territory;
(b) the number of the certificate of ownership;
(c) data on parcels and, where applicable, data on parcels, if the building or the waterworks are built on several parcels where different data on rights are recorded;
(d) the number of the descriptive or registration building, if any,
(e) the competence of the building to a part of the municipality, if it is a building with a descriptive or registered number;
(f) the type of construction referred to in point 3 of the Annex to this Decree;
(g) the use of the construction referred to in point 4 of the Annex to this Decree;
(h) information on units defined under the Civil Code or units defined under the Housing Act;
(i) the type and method of property protection referred to in point 7 of the Annex to this Decree;
(j) an indication of whether the construction is temporary;
(k) data on rights;
(l) an alert concerning a building or a waterworks;
(m) the coordinates of the terminal point of the building or the water works in S-JTSK.
(2) The building can only be registered on a parcel
(a) with the type of plot and courtyard installed without indicating how the plot is used;
(b) with the type of forest parcel with the method of use referred to in point 2 of the Annex to this Decree code 1 or 5;
(c) with the type of land, the water area is used in accordance with point 2 of the Annex to this decree code 28;
(d) the agricultural parcel is used in accordance with point 2 of the Annex to this Decree with code 1.
(3) The water works can only be registered on a parcel with a type of plot built up area and courtyard without indicating how the plot is used.
§ 12
Right of construction
In the cadastre, the law of the building is registered
(a) jurisdiction in the cadastral territory;
(b) the number of the certificate of ownership;
(c) the purpose of the construction right, if any;
(d) details of the land for which the construction right is established;
(e) the building details referred to in Article 11 (1) (d), (e), (f), (g) and (m), which are part of the building law and which is the main building on the land, or similar water-works associated with the country, a solid base which is part of the building law;
(f) data on units defined under the Civil Code;
(g) the last day of the period for which the right of construction is established;
(h) the type and method of property protection referred to in point 7 of the Annex to this Decree;
(i) data on rights;
(j) an alert concerning the right of construction.
§ 13
Unit
In the cadastre, the unit defined under the Civil Code and the unit defined under the Housing Act are recorded
(a) the number of the certificate of ownership;
(b) the unit number,
(c) details of the property in which the unit is defined; if the building is part of this property, then also the details of the building,
(d) the type of unit referred to in point 5 of the Annex to this Regulation and the method of use of the unit referred to in point 6 of the Annex to this Regulation;
(e) the type and method of property protection referred to in point 7 of the Annex to this Decree;
(f) a joint ownership interest in the joint parts of the housing property for a unit defined under the Civil Code or a joint ownership interest in the common parts of the house and land which are owned by all owners of the units for a unit defined under the Housing Act;
(g) data on rights;
(h) unit warnings.

HLAVA II

DATA ON LAWS AND REGULATIONS
§ 14
Details of the owner and other creditor
(1) The date of birth of a natural person who has not been assigned a birth number satisfying the conditions of the citizens' registration law shall be recorded in the form of an RMMDD, where RR is the last two digits of the year, MM month and DD day.
(2) If it is the owner or other authorised Czech Republic, the registered office shall not be registered. The organisational component of the State shall be recorded in similar data as the legal entity.
(3) Where the owner or any other authorised higher local authority or municipality is a municipality, the address of the regional or municipal office shall be registered as its registered office.

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Regulation Information

CitationDecree No. 357 / 2013 Coll., on the Real Estate Register (cadastral decree)
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation18.11.2013
Effective from01.01.2014
Effective until-
Status Valid
The regulation text is for informational purposes only.
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