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How to remove land from the agricultural fund

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.

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The first step is the zoning procedure

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:

  • a copy of the extract from the cadastral register; it is also advisable to attach a map with the location of the land clearly marked and details of the land and its owner;
  • a copy of the cadastral map showing the proposal to remove the land; ideally, the designer should produce a drawing of the site showing the exact situation;
  • the calculated levies for the removal of land from the agricultural land fund, with the exact procedure and data used for the calculation;
  • representations from other landowners, if more than one;
  • a reclamation plan – this is to be attached only if the land is to be temporarily removed from the agricultural fund.

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.

Proof of the consequences of the withdrawal from the agricultural land fund

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?

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?

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.

Download the free e-book 5 tips on how to buy or sell property without risk and go smoothly through the process of selling or buying a house, flat and land.

We prepared this article for the Lidové noviny series “Law & Housing”. See also other articles from the series:

  1. What to look out for when buying a property
  2. How to get a mortgage
  3. What to check before buying a property
  4. Who pays the property transfer tax and how?
  5. What should be included in the property purchase contract
  6. The most common mistakes when drafting a proposal to the Land Registry
  7. Buying a property from a developer
  8. Keeping the purchase price when buying a property
  9. The difference between a condominium and a freehold
  10. What is an annuity?
  11. How to properly gift a property
  12. What is the purpose of an easement or servitude?
  13. Making a will and settling an estate
  14. What is a collation
  15. What shouldn’t be missing in a lease agreement
  16. When rent increases can be made
  17. Termination of the lease
  18. Agreement to end the tenancy
  19. How to draw up a work contract with a tradesman
  20. Hidden defects and cancellation of a works contract
  21. When do you need planning permission to renovate a property?
  22. Home Rules
  23. What does serving on a condominium board entail?
  24. Why not underestimate the bylaws in a condominium
  25. Common areas in a block of flats
  26. What is involved in refurbishing a block of flats
  27. Can a condominium or housing association go into debt?
  28. How to renovate a house or cottage
  29. What to watch out for when dealing with a construction “company”?
  30. Building a house on a “green field”
  31. How to remove land from the agricultural fund

Are you solving a similar problem?

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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?

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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.

Education
  • 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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