Have you bought the land you plan to build on? The key is to check whether the land is suitable for building on. And if it is not, because it falls within the agricultural fund, you will first have to be removed from the fund. We can advise you on how to do this.
This process is linked to the zoning procedure, i.e. the process in which it is assessed whether a building of a given type and its impact on the surrounding area can be located in the given area and also whether the building is in accordance with the planning documentation of the given municipality (local land development principles and zoning plan).
In this procedure, third parties such as neighbours or conservation groups can also influence the building permit through objections and environmental impact assessment (EIA).
However, care should also always be taken to ensure that the land is not in agricultural land. The land in question can theoretically be built on, but it is land that is designated for agriculture.
This means that it is an essential natural resource that enables agricultural production. This includes arable land, hops, vineyards, gardens, orchards, grassland, fish ponds, dirt roads, irrigation and water reservoirs, drainage ditches or dykes. Such land simply cannot be built on and will have to be removed from the fund.
The decision to include land in the fund is taken by the relevant agricultural land protection authorities. And to be removed from the fund, you must apply to the relevant environmental department, which is usually in the municipality with extended jurisdiction.
The application must be accompanied by:
Levies are payable for the removal of the land. In order to calculate them, information on the average price per m2 of the land in question is obtained from the Land Registry, according to the BPEJ (Bonitated Soil Ecological Unit) number. Then you need to know the exact dimensions of the built-up area, preferably from the building designer. It is also necessary to find out the statutory coefficient for each class of land protection. The average price per metre is multiplied by the coefficient and the result is multiplied by the exact number of square metres to be taken. And the calculated amount is, of course, also paid.
It is also necessary to provide a preliminary balance sheet of the ‘cultural layer removals’. That is, a clear description of what will happen to the soil layers that will be excavated when the foundations are built and where they will be deposited. All this should be described in the technical documentation, which must also include the exact results of the pedological survey carried out. This consists of digging a pit and assessing the properties of the soil to a certain depth. It can also be carried out on your own. It is advisable to check with the relevant authority beforehand to find out how to do this. In particular, how big the pit will need to be and how to document it. Usually, it must also be photographed from several angles with a tape measure clearly attached, and also photographed from a distance so that it is clear that the pit is actually on that particular piece of land. The competent authority has 30 days to process and deal with the application in its entirety, with a longer period of up to 60 days for more complex cases.
The Cadastre of Real Estate is a public register that contains various information about the real estate registered in it. The creation, modification or termination of rights to these properties is then effective only after it is registered in the cadastral register by the competent cadastral authority. What are the common errors in the cadastral proposal?
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?
At first glance, the whole thing looks complicated, but take expert advice. The office will explain exactly what is needed and how to achieve it. It’s worth it to realise your dream home.
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We prepared this article for the Lidové noviny series “Law & Housing”. See also other articles from the series:
Dostupný advokát team of online lawyers will solve it for you.
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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