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.
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.
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 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.
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 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:
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.
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.
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 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.
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.
In case of errors, the proposal may be rejected. These errors fall into two categories:
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.
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.
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