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Dividing the land into two parcels

Are you a landowner and need to subdivide your land? You have the right to do so, but you must also respect the right. Land has a specific purpose and the law sets out the procedure for dividing it. What is the procedure?

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Chapters of the article

What should I do before applying for a land division?

There is no such thing as land. Individual plots of land have a defined purpose. You can get a lot of essential information about the land from the Land Registry (especially the area, owner, parcel numbers, easements, etc.). The cadastre also determines the so-called land type. For essential information about its purpose and use, you must head to the municipality’s zoning plan.

Land is classified according to its type as follows:

  • built-up areas and courtyards,
  • agricultural land, which is subdivided into: arable land, hops, vineyards, gardens, orchards, permanent grassland,
  • forest land,
  • water areas,
  • other areas.

However, a specific purpose may be set in the land use plan for a specific plot of land, for example, a plot of land registered as a garden may have a purpose of a sports ground set in the land use plan. In this way, the municipality typically defines residential zones, industrial zones, or selects land for the construction of such zones.

The possibility of development is limited to land that is identified in this plan as suitable for development, regardless of the type of land. However, if, for example, the land is registered as arable land and you want to build on it, then it must first be taken out of agricultural use and you need the consent of the authority that protects agricultural land.

If the land you own is not designated for development, you also have the option of asking the local authority to review the development plan and consider changing it in your favour.

You can find the municipality’s zoning plan on its website.

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How to get approval from the building authority

It is usually impossible to subdivide a plot without permission from the building authority. Therefore, the landowner must apply to the building authority for a planning permission to subdivide the land in accordance with the Building Act. If there are more than one co-owners, they must agree to the division of the land, so it is not enough for only one of them or a majority to sign the application. An application may also be submitted by an authorised person under the Building Act for the purpose of exercising pre-emption rights for public utility buildings.

The application must be submitted on a special form with annexes, including any opinions of relevant authorities and bodies (environmental protection, nature and landscape protection, water protection, agricultural land protection, mineral resources protection, conservation and transport). An administrative fee of CZK 1 000 is payable for issuing a decision on the division or merger of land. A model application for a zoning decision can be found on the website of the Ministry of Regional Development.

There is then room for administrative discretion for the authority to decide whether or not to issue the decision. If it does, it will set out the conditions for the new land division.

It specifies the cadastral area, parcel numbers and type of land according to the land register affected by the subdivision, as well as the new land boundaries and access to the land from the public road.

Tip: Selling or buying land is no longer a matter of a few thousand crowns. Today, land values are in the millions. Therefore, it is necessary to pay enough attention to the sale and purchase and not to underestimate the safety of the individual legal steps. In today’s article, we will be looking at the process that awaits every seller or buyer.

Subdivision of land without a decision of the building authority

The law recognizes situations in which a decision of the building authority is not necessary. This is the case when the conditions for the division or consolidation of land are determined by a regulatory plan, another decision of the building authority or a decision under a special legal regulation. In such a case, the building authority shall confirm this fact by means of a communication, which shall also approve the proposed plan. The notification cannot be issued if the decision-making in the area is conditioned by a zoning study or a regulatory plan.

Functions of the geometric plan

The landowner must have a so-called geometrical plan drawn up. This is the result of the surveyor’s work and becomes part of the deeds on the basis of which the registration in the land register takes place.

It is used, among other things, to refine the boundaries of the land, to enter a building into the land register, to divide the land or to register an easement.

The geometric plan includes:

● a table with basic information about the contractor and the cadastral area

● a statement of the existing and new status of the cadastral data – type of land, area, type of use, parcel number

● graphical representation – marking of all intended changes on the cadastral map

● list of coordinates – list of points marked on the graphical representation.

The drawn up geometric plan must then be verified by a person with an official authorisation for verification of the results of surveying activities that its details and accuracy comply with the applicable legal regulations. A list of such persons is provided on the website of the Czech Office of Surveying and Cadastre.

Entry in the Land Register

Once the owner of the land has everything necessary, i.e. the building authority’s consent either in the form of a zoning decision on the division of the land with specified conditions or consent to the proposed division and a geometric plan, he can apply for registration of the new land in the Land Registry.

The registration takes place by means of a so-called entry, which is made on a prescribed form.

The cadastral office examines whether a valid subdivision has taken place, i.e. the consent of the building authority has been granted. If this approval has not been granted by the building authority, the cadastral office will reject the application for registration.

Tip: You have a purchase contract in your hand, but you are still not the owner. You are about to file a petition for registration of the property in the Land Registry. The usual deeds of title or easement are seemingly not very tricky, but there are a few basic rules you should know to make sure everything goes smoothly. In our article, we will discuss them in detail.

If it is the intention of the owner to donate or sell the land, there is another option for the owner to proceed. He can wait until the new land is transferred to someone else. In this case, he/she will apply for registration of the new land on the basis of a notification by the owner, accompanied by a geometric plan and the consent of the building authority, using the form “Notification of change of land data for the Land Registry”, which is available on the website of the Czech Office of Surveying and Cadastre. From a legal point of view, this is not a registration of a right, but a registration of other data, which is not subject to an administrative fee.

In this way, the new land will also be registered in the Land Registry and only then can the land owner deal with land transfer agreements or pledge agreements.

Tip: Don’t look at the teeth of a gift horse! But if you want to donate land instead of a horse, or if you are on the side of the donor, be sure to look carefully. The written contract of gift, which is necessary for the gratuitous transfer of ownership of land, must contain all the legal requirements so that the transfer of ownership is approved by the land registry office. Omitting a detail in this case could cause you unnecessary grief.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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