Do you have land you can’t build on and would like to change that? First of all, you need to find out not only the information from the land registry, but also from the zoning plan. The latter has a decisive role in this case. In this article, we will advise you how to find out everything you need to know and how to apply for a change if necessary.
The primary division of land can be found in the Land Registry, which contains information about what is currently on the land. Specifically, land is divided into the following types:
But what you will be more interested in is the land use, which determines what you can do with the land. This information can be found in the zoning plan of the municipality under which the land falls. You may find a variety of uses (e.g. residential area, garden colony, agricultural area, etc.).
The information in the Land Registry may therefore not be consistent with the zoning plan. For example, your plot of land that is registered as a garden in the Land Registry may be marked as a mixed residential area in the zoning plan. If you are planning to build on the land, it is the use of the land that you are interested in.
The specific conditions for building on your land can therefore be found in the municipality’s zoning plan. This is available on the municipality’s website or from the municipal authority, the building authority or the regional authority.
Not sure how to find out the type and use of the land? Find the answer in our article.
If the zoning plan designates the land as building land, you are still not completely out of the woods. If you plan to build on agricultural land, you will first have to remove it from the agricultural land fund. You have to apply for removal from the agricultural land fund at the relevant environmental department of the municipality with extended jurisdiction.
The application must be accompanied by:
We provide a complete legal service related to the purchase of the land, including a reservation contract and escrow of the purchase price. We can also help with land registry and taxes. We handle it quickly and flawlessly so you don’t have to worry about a thing. You can pay after the service has been provided.
The levies are calculated according to the so-called BPEJ code – i.e. the soil-ecological unit, which determines the quality and price of agricultural land. The price per m² is multiplied by the protection coefficient and the size of the area to be removed.
Calculating the levy is simple – you only need to know three details: the basic price of the land according to the BPEJ (you can find this by looking at the BPEJ code in the land register) the soil protection class (according to which the coefficient is assigned) and the size of the land to be removed (in m²).
For example:
Basic BPEJ price: 16 CZK/m²
Protection class: class I = coefficient 11
Land area: 600 m²
16 CZK × 11 × 600 m² = 105 600 CZK
The application must also include a ‘ balance sheet’ for the removal of cultural layers – i.e. what will happen to the topsoil that will be removed during construction. A pedological survey – an analysis of the soil from the excavation on the site – must also be provided.
Want to learn more about how to remove land from the agricultural pool? Then don’t miss our next article.
In addition to the fact that the land is not marked as building land in the land registry, you may encounter the situation that it is not marked as building land even in the municipality’s zoning plan. However, it is not necessarily impossible that you will build a house there one day. However, you should be prepared for a long wait and an uncertain outcome.
In some cases, however, change is ruled out altogether. These are lands that are protected as public utility areas.
In this case, a zoning change will be required. Changes to the zoning plan usually take place every few years. They are decided by the municipal council on the basis of a proposal that can be submitted by the council itself, a public administration body, a citizen of the municipality, an owner or user of real estate in the municipality (e.g. a company) and an authorised investor.
Therefore, if you would like to propose the change yourself, you will have to submit a proposal containing the following information:
It should be taken into account that changes are not decided individually but in a package with other proposals. The proposal will be decided by the municipal council, which will then inform you of the outcome.
Has there been a change you disagree with? Find out how to defend the zoning plan.
People often confuse land registry and zoning information and do not know which information plays the main role in their situation. Let’s conclude by answering the most frequently asked questions:
Permanent grassland is a type of agricultural land. This is a division according to the Land Registry. This information only tells us that it is agricultural land covered with grass (usually meadow or pasture) and is currently used for this purpose.
If you would like to build a house or cottage on this land, you will be interested to know what type of land it is according to the zoning plan. This will indicate whether and what can be built on the land.
Arable land is once again one of the agricultural plots in the Land Registry. It is land on which agricultural crops are grown.
The information in the zoning plan applies to you if you build here as well.
A garden is the third type of agricultural land in the Land Registry. You can build on a garden plot what you would normally expect to build in a garden – for example, a small garden house (up to 25 square metres, 5 metres high and 3 metres deep), a greenhouse, a swimming pool, a pergola or a carport.
However, if you would like to build a larger structure (for example, a larger holiday cottage or family home), then you will again be interested in the information provided in the zoning plan.
Other land is one of the types of land according to the division in the Land Registry. It includes all land that cannot be allocated to another of the existing categories.
Again, the conditions for possible construction can be found in the municipality’s zoning plan.
Land is divided in the Land Registry according to its current use (e.g. arable land, garden, permanent grassland), but this does not determine what you can build on it. The key is the municipality’s zoning plan, which determines what the purpose of the area is (e.g. residential, agricultural, recreational).
If the land is zoned for development but is listed as agricultural in the land registry, it must be removed from the agricultural land fund. To do this, an application is submitted to the Environment Department and supporting documents such as an extract from the cadastre, a map and a calculation of the levies according to the soil quality (BPEJ) are attached.
If the land is not buildable even according to the zoning plan, a proposal for its change must be submitted. This is considered and approved by the municipal council. Therefore, the zoning plan is always decisive, not just the cadastral record.
We provide a complete package of legal services related to real estate sales and purchases, including reservation contracts and escrow services. We will also help you with all tax and land registry issues. Our work is fast and accurate, ensuring a worry-free transaction. You’re also welcome to pay after services are provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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