Chapters of the article
What is the Land Registry and what you can find in it
TheLand Registry is a publicly accessible list that contains information about real estate. Here you will find a description of the real estate, its geometric and positional identification and existing rights to the real estate (such as ownership, liens, easements, etc.)
The cadastre is accessible in digital form and basic information on real estate is available free of charge. If you would like an extract from the title deed, then you will have to pay. The first page of the extract costs a maximum of 100 crowns and each subsequent page costs a maximum of 50 crowns.
What is registration in the Land Registry
Registration in the Land Registry means the registration of rights in rem to real estate. You can create an entry by filing a petition for registration of the creation, termination, change, etc. of a right (most often a property right). Only on the basis of a change in the land register do your rights start to take effect. So, for example, if you are buying a property, you only become the official owner of the property when your ownership right is registered in the Land Registry.
The application for registration may be submitted electronically, through a postal service provider or in person at the competent cadastral office.
How to register a new building in the Land Registry
If your new building has an area larger than 16 m2, it will need to be registered in the Land Registry. In addition to the traditional application for entry into the Land Registry, you will need to attach other documents. Specifically, this will include:
- Ageometric plan of the new building: this must show the perimeter of the building. The plan will be drawn up by an officially certified surveyor.
- Builder’s declaration: in this, the builder must confirm that the construction has been carried out in accordance with the project documentation submitted to the building authority.
- Decision on the allocation of the description number: This is obtained by applying for the allocation of a descriptive number to the competent municipal authority.
- Completed notification of change of land data concerning the building: this is a form that can be downloaded from the website of the State Administration of Surveying and Cadastre.
Previously, it was necessary to have the new building approved and the certificate of approval attached to the application for entry into the Land Registry. However, this is no longer the case as of 2018 and you can therefore start living in your newly built house straight away.
All these documents must be either originals or certified copies, so they cannot be delivered online, but must be delivered in person to the relevant cadastral office or sent by post. It is also necessary to take into account that the owner of the new building automatically becomes the builder. Should it be another person, a document regulating the owner must be attached.
Proposal for entry into the Land Registry
Measure twice, cut once. That goes for official filings as well. Enrolment in the Land Registry is a formality, but a very important formality that is not to be underestimated. Do you need to register an easement in the Land Registry? Or a lien so you don’t lose the money you borrowed?
How to register a land division in the Land Registry
First of all, you must obtain permission from the building authority to divide the land. This is obtained by applying to the relevant building authority for a planning permission for the division of land. You must also attach other documents to this application, just as you would if you were applying for a building permit. You must also obtain a geometric plan, which will be issued by an officially certified surveyor. Together with these documents, you can then apply for entry into the Land Registry.
How to register a dismantled building in the Land Registry
You can also find dismantled buildings in the Land Registry, but only if the registration took place before 2014. At the beginning of 2014, the Land Registry Act came into force, which no longer allows the registration of a dismantled building in the Land Registry. However, there is an exception for units under construction. They can still be registered in the cadastre.
A unit means a flat or non-residential premises or a set of them. It is therefore a spatially separated part of the building together with a share in the common parts of the building. The registration of such a unit in the Land Registry is only possible when the house is built in such a way that it has already completed the external perimeter walls and the roof structure, and at the same time the unit is closed externally by perimeter walls.
In order to register a unit that has been completed, the following documents must be submitted in addition to the application for entry into the Land Register:
- The owner’s declaration of the creation of the demolition unit;
- The construction contract;
- Building permit or notification or public contract for the execution of the construction.
How to register a well in the Land Registry
A well is not registered in the Land Registry. However, you cannot build one without a permit. A well is a work of water that cannot be built in the dark. In the first place, you will need the approval of the water authority to carry out hydrogeological drilling, which will assess whether you can have a well on your land at all. A hydrogeological borehole will establish whether you have enough groundwater and what depth and type of well is needed.
If you have sufficient groundwater and the well can be built, the planning permission for the well site will be issued by the relevant building authority. Subsequently, a building permit and a groundwater abstraction permit must also be obtained. These can be dealt with in a combined application that you submit to the local environmental department. However, you should also take into account that if the borehole is deeper than 30 metres, it will already be a so-called mining work, which must be approved separately.
What to look out for when registering in the Land Registry
The application for entry in the Land Registry is not a simple matter and often contains errors that lead to rejection. This will make the whole process longer and more expensive. It is already possible to make mistakes in the deed of deposit. It contains basic information about the property (e.g. the cadastral area or parcel number). In addition, it often happens that the information in the deposit document contradicts the deposit application itself. Furthermore, important information about the property may be missing from the proposal.
Tip: It is easy to make mistakes in a proposal for entry into the Land Registry. Avoid them with the help of our attorneys. They will help you with the drafting so that everything is right the first time and you don’t miss important deadlines or lose money.
What to do in case of rejection
In case of errors, the proposal may be rejected. These errors fall into two categories:
- Removable defects: a removable defect is, for example, a signature on the deposit document that is not certified. These defects can be rectified within the time limit and the application is still valid.
- Irremediable defects: These are, for example, incorrect information about the property. These defects cannot be removed, which means that the Land Registry will not approve your proposal. In this situation, you can withdraw the proposal and then submit a new proposal.
How long does it take to register the entry in the cadastre and how much does it cost
If everything is in order, it takes a minimum of 20 days from the receipt of the application. Most often, however, it is one month. The price for filing a petition for entry into the cadastre is then set at 2,000 crowns. You can pay this amount in cash or by card directly at the relevant cadastral office or send it by post using a stamp.