I want to sell/donate a piece of land. How to go about it?
Would you like to sell part of a plot of land? Or exchange part of your garden for a part of your neighbour's garden? Or divide a piece of land between your children? These situations are often dealt with in practice. So what is the procedure?
A piece of land or the parcel?
A plot (in Czech "parcela") is a part of the Earth's surface separated in some way from neighbouring plots, especially by a property boundary. Land is registered as a "parcela" in the Land Registry. "Parcela" is a piece of land that is geometrically and positionally defined, shown on a cadastral map and marked with a ceratin number. A plot of land may consist of several "parcelas". Therefore, when dealing with land, the "parcelas" - and their numbers - will be important.
How do I sell/donate/change a piece of land?
Check with the Land Registry whether your land consists of one or more "parcelas". If there are more than one, they can usually be disposed of without subdividing. If it is one "parcela" and you only want to transfer part of the land to someone else, you will need to divide the land first.
The division of the plot is decided by the Construction Authority in the Territorial proceedings. You shall have a valid reason for the division of the land, which the building authority will assess (e.g. whether the land to be divided is defined in such a way that its size, location or spatial arrangement allows it to be used for the purpose, whether it will be connected to a public road). However, the Construction Authority will also assess other facts.
How to get started?
Unless you are represented by an experienced Attorney, you can't go wrong by first stopping by the Construction Authority and consulting with officials about the planned division of the land. They can give you an informal assessment in advance as to whether the subdivision application will "go through".
Application for a Decision on the Division of Land
Fill in the application form for a subdivision decision. The form is available on the website of the Ministry of Regional Development - link here.
The application must describe how the land will be divided, the size of the new plots of land and the reasons for the division.
In addition, all the annexes listed in Part B. of the form must be attached.
In particular, a draft geometric plan must be attached. At this stage, it is sufficient to print out the relevant part of the cadastral map, mark the planned boundaries in red, roughly delineate the new plots, mark them with letters, and indicate the accesses from the new plots to the public roads.
The binding opinions of the authorities concerned (e.g. nature and landscape conservation authority) must also be provided.
If the land is owned by several co-owners, they must all agree to the subdivision.
The application, including the annexes, must be submitted to the relevant Construction Authority.
Decision of the Construction Authority - how long does it take? And what is the administrative fee?
In simple cases, the building authority decides within 60 days, in particularly complex cases within 90 days at most. The administrative fee is CZK 1,000.
The building authority approves the application without further action, or approves and defines the conditions for the division of the land and the establishment of new boundaries, or rejects the application if, for example, the interests of the neighbours or the public interest would be endangered by the division.
For certain types of land, the subdivision is subject to special conditions. For example, if the division of forest land would reduce the area below 1 ha, the division requires the consent of the state forestry administration. The latter will not give its consent if the shape or size of the new land does not allow proper forest management.
The building authority's decision contains important information, such as the parcel numbers, the boundaries of the new plots, access to the public road to each plot, and everything is also plotted on a map in the graphic annex.
Next comes the preparation of the geometric plan. In accordance with the decision of the Construction Authority, this will be prepared by a professionally qualified person, a licensed surveying engineer (a list of the engineers is available on the website of the Czech Geodetic and Cadastral Office - link here.
The geometric plan must then be delivered in electronic form to the cadastral office, which will verify that it complies with the applicable legislation. The cadastral office shall approve the geometric plan and number the newly created "parcelas".
Transfer of the new parcel
If you want to transfer the newly created plot of land directly to another person, you need to draw up and conclude an appropriate contract (typically a purchase, gift or exchange contract). The subject of the transfer should be identified in the contract as "plot of land created by the separation of land parcela no. ..., cadastral area ... on the basis of geometric plan no. ..., dated ..., drawn up by Ing. ..., which forms an integral part of this contract". The geometric plan shall form an integral part of the contract for the transfer of the newly created land. The contract, the 'geometrical plan' and the Construction Authority's Divispermission must be attached to the application form for the entry of the acquirer's ownership right in the Land Register. The administrative fee for the application is CZK 2,000.
The form for the application for entry is available online on the website of the Czech Land Registry Office - link here. However, for the transfer of newly created land, it is necessary to submit it in a documentary form, because newly created land is not yet registered in the cadastre - therefore it would not be "displayed" in an electronic form.
The time limit for the entry into the cadastre is 30 days from the receipt of the application by the cadastral office. Due to the 20-day protection period, when the entry cannot be made by law, entries are usually made towards the end of the period.
I am not transferring the new land yet - marking the new plots in the land register
If you are not transferring the newly created land yet, it is sufficient to submit the geometric plan and a Construction Authority's Division permission to the cadastral office. If the ownership of the land does not change, you do not pay the administrative fee of CZK 2,000.