Different types of buildings can be registered in the Land Registry. Each proposal for entry has its own specifics. In this article, we will focus on the four types that raise the most questions – new buildings, land subdivisions, buildings under construction and wells. In addition, we also provide you with other important information about land registration itself.
Quick overview:
You register a new building in the Land Registry unless it is a small building (up to 16 m² and 4.5 m high).
Land division requires a decision by the building authority and a geometric plan.
You can’t register a building that has been demolished, but you can register a unit that has been demolished.
A well is usually not registered in the land register, but requires a water permit.
The deposit costs CZK 2,000 (CZK 1,600 online) and cannot be authorised until after 20 days.
Not sure if you need to register the building? We will look at your situation and prepare a proposal for the deposit so that it passes first time.
The Land Registry is a publicly accessible list that contains information about real estate. You will find a description of the property, its geometric and positional identification and existing rights to the property (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.
Tip: Everything you need to know about the Land Registry can be found in our earlier article.
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 Registry 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.
Tip: Are you planning to buy a property? We will provide you with a complete contractual and legal service related to the purchase or sale of real estate. We can do it within 48 hours, flawlessly and professionally.
The application for registration may be submitted electronically, through a postal service provider or in person at the competent cadastral office.
If your new building has more than 16 m2 of built-up area and up to 4.5 m in height, 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 additional documents. Specifically, this will include:
The most common error in this case is a discrepancy between the geometric plan and the project documentation.
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.
The documents must be submitted in the original, a certified copy or as an authorised converted document. The application for registration may also be submitted electronically (e.g. via a data mailbox), provided that the attached documents are in the required electronic form.
As a rule, the owner of the building is the owner of the land on which the building is erected, since the building is part of the land; a different situation may arise only in exceptional cases provided for by law.
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?
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. In practice, it often happens that the client files the application for registration before the decision on the subdivision comes into force, so it is better to keep an eye on the deadlines.
Tip: Read more about subdividing a plot in our article.
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:
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 determine whether you have enough groundwater and what depth and type of well is needed.
If you have enough groundwater and the well can be built, you will need a planning permission for the location of the well, which 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.
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.
On several occasions, we have prevented the rejection of a proposal for entry into the Land Registry due to a formal error. Most of such deficiencies can easily be detected before submission. A check by a lawyer will cost you only a fraction of what it costs to repeat the procedure.
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.
In case of errors, the proposal may be rejected. These errors fall into two categories:
If you have been refused, the situation can often be remedied by correctly redrafting the deeds. In these cases, we prepare a new proposal for our clients so that it meets all the requirements of the cadastral decree.
Tip: We have already discussed in detail more information about the withdrawal of a proposal for entry into the cadastre in our earlier article.
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.
A new building must be registered if it is not a small building (up to 16 m² of built-up area and 4.5 m in height), and in particular a geometric plan and relevant construction documents must be provided. In the case of land division, a decision of the building authority and a geometric plan are necessary, while a building under construction cannot be registered separately, but a unit under construction can be registered if it meets the legal conditions. A well is usually not registered as a separate building in the cadastre, but is subject to a water permit. The application for registration costs CZK 2,000 (CZK 1,600 for online submission), the cadastre cannot approve it before 20 days after submission and errors in the documents can lead to rejection, so it is worth paying maximum attention to the preparation of the documents.
At least 20 days, usually 3-5 weeks.
2 000 CZK, for online submission 1 600 CZK.
Only if it is not a small building according to the Cadastral Act.
Yes, via data box or the ČÚZK application.
Submit a new proposal or remedy the defects within the time limit.
Not as a separate building, but requires a water permit.
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?
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.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
