Karel Schelle
The Faculty of Law of the Masaryk University,
Brno, Czech Republic
Real Estate Register of the Czech
Republic
The word cadastre is of Latin
origin and means about the same as a list (caput = a head, capitastrum = a list according to heads, later on
according to any unit). In general, such word used to refer to a well-organised
consistent description of special features, persons, things or rights,
especially description of lands and incomes from crafts and trades, compiled
for tax purposes. The attempts to introduce a single tax policy date back to
the year 1022, when the Czech monarch Oldřich
implemented taxes collected on tracts of land.
Nobility started to ensure its
private property rights by making entries in the land registry called “Zemské desky” early in the
fourteen century. Originally, however, such books kept with the land court
served for records of court disputes. The first written evidence of such
entries is a form filled in by a land scribe in 1278. The Czech example was
followed by Moravian and Silesian authorities establishing land registries with
the court of Brno and Olomouc in 1348 and with the court of Opava
early in the fifteenth century.
Before 1650, entries of serfs´
tenures and duties were made, upon request of the lords of the manor, in
registries called Urbars. The lands awarded in the Urbars to serfs and freemen were called urbar,
rustic or, later on, also contribuent lands. Contrary
to the lands awarded to lords and called manors, dominical or court estates,
until 1706 exempt from tax.
In 1650, the Assembly of the Kingdom
of Bohemia passed a resolution making taxes assessed on a more factual and
fairer basis, with taxes levied only on farmhouses and lands owned by serfs.
The final version of the document resulting from this resolution (dated
1653-1656) gave rise to the first revenue cadastre for Bohemia, referred to as
the first rustic cadastre (the first Assessment Roll), in force in 1656-1684.
The first rustic cadastre was revised and supplemented in 1674-1683 and is
referred to as the second rustic cadastre of 1684 (the second Assessment Roll),
in force until 1748. What can be regarded as the first Moravian cadastre are
the so-called tract registries (the first tract visitation in 1656-1658, the
second one in 1669-1697).
1 May 1749 was the effective date of
the so-called first Theresian rustic cadastre (the
third Assessment Roll dated 1748), replacing the previous Assessment Roll and
the Moravian tract registries. After the new general visitation of rustic
lands, the second Theresian rustic cadastre came into
force in 1757 (the fourth Assessment Roll dated 1757). In 1749, statements of
tax on dominical homesteads were introduced, in order to settle the land tax on
manors depending on their number and area (exaequatorium).
The survey to this aim was finished in 1756 and the resulting document is known
under the name Exaequatorium dominicale
dated 1757. It constituted a basis for the Theresian
dominical cadastre. The Theresian rustic cadastre
together with the Theresian dominical cadastre made
up a large comprehensive cadastre covering all lands and homesteads both rustic
and dominical. As a whole, it was called the Theresian
cadastre or the Theresian cadastre rectification.
On 20 April 1785, Joseph II
promulgated an edict reforming the land tax and survey system to the effect
that all dominical and rustic fertile lands inside a municipality should be
surveyed, and provided with a layout and calculation of their area and gross
proceeds according to their fertility. The edict introduced two significant
novelties – replacement of the existing assessment unit with another smaller
and more frequent tax unit – a plot of land, each measured to determine the
exact area and subsequently the proceeds thereof. The resulting document is referred to as Josephian cadastre. This was the first cadastre based on
direct measurement of the actual state in the field. The Josephian
cadastre was not welcomed by nobility, which enforced abrogation of the new
cadastre after a year of its validity (1789 - 1790) and re-introduction of the Theresian cadastre.
After abrogation of the Josephian cadastre, the Theresian
cadastre was in force only for a short time. The Josephian
cadastre revealed all discrepancies in the areas entered in the Theresian cadastre. This led to introduction of a cadastre
taking over the correct figures of the Josephian
cadastre and keeping the nobility´s benefits of the Exaequatorium.
The new cadastre, called as Theresian-Josephian
cadastre, was established in 1792, constituting a basis for the land registry
and tax regulations until 1860, when the stable cadastre came into force.
With the Emperor´s edict No.
946 Coll., dated 1 June 1811, the General Civil Code was promulgated, setting a.o. the principles directly affecting further function of
the cadastre. It introduced the rule that what lies above or below surface
belongs to the owner of the corresponding plot of land (i.e. the Roman law
principle superficies solo cedit) and
that ownership transfer of immovable
things requires entry in the land registry - a registration called “vklad” – “intabulation”. The
General Civil Code was in force until 1951, when it was abrogated by Act No.
141/1950 Coll. and the above-mentioned principles were abandoned.
The foundations of today´s
modern cadastre of real estates were laid by the supreme edict of the Austrian
emperor Franz I dated 23.12.1817 on the land tax and land survey. It was based
on an accurate list and geodetic survey of all lands, the so-called stable
cadastre. The stable cadastre was already fully based on the scientific basis
of a large-scale map work. The new map work applied the Cassini-Soldner´s non conformal projection and the system of
rectangular coordinates starting in trigonometric points Gusterberg
(for Bohemia) and Saint Stephan (for Moravia). The chosen basic scale (1:2880)
was based on the existing requirement of
one Lower-Austrian morgen (i.e. a square with each
side 40 fathoms long) represented on the map with one square inch (1 fathom = 6
ft, 1 foot = 12 inches, 40 fathoms x 6 inches x 12 ft = 2880). The boundaries
of all plots of land were properly surveyed and marked in presence of their
holders on the spot. The thorough survey was made in most cases applying the
plane table (graphical intersection). In Bohemia, the thorough survey was
carried out in 1826-1843, in Moravia in 1824-1836. All surveyed plots of land
were projected in the map and numbered as parcels, with their areas determined
from the projected area. Most of the cadastral maps valid on the territory of
the Czech Republic are still derived from the survey documentation of the
stable cadastre. Such cadastral maps (usually with the scale 1:2880) are valid
on about 70 % territory of the today´s country.
The stable cadastre was getting
outdated faster than expected, because it was not kept updated systematically.
That´s why it was decided on its one-shot revision, so-called
re-ambulation of the stable cadastre. The work was done very hastily in 1869-1881
with adverse effect on the original work.
Outset of modern records of real estates on our territory
The
first extensive and comprehensive positive-law norm regulating the records of
real estates on our territory is the so-called
General Land-Book Law implemented by Act No. 95/1871 Reich Code dated 25
June 1871. It regulated all existing public books (such as land registry,
feudal registry, land books and municipal registries and mining registries)
kept on acquisition, limitation and abolition of rights of user to real estates recorded in such books and new land books or mining
registries that may exist in the future.
The
land books were divided into a main book and a collection of deeds or a book of
deeds. The main book consisted of insets intended for entries of objects of the
particular book and changes therein and for entries of rights of user to the
relevant object and changes therein. Each deed according to which the
particular entries in the book were made was provided with a certified copy. All
of this formed a collection of deeds, or, if the entries were made directly in
the book, a book of deeds. There were two fundamental principles of approach to
the land books:
1. acquisition of relevant rights, transfer, limitation or abolishment
thereof can be made only by entry in the main book,
2. anybody can consult the land books in presence of a clerk of the land
book office and obtain copies or
extracts of them.
The
book entries were divided into the following categories:
1. registrations (as unconditional acquisition or abolition of rights – intabulation or extabulation),
2. preliminary records (as conditional acquisition or abolition of rights -
prenotation),
3. notes.
In
the land books, the following could be registered or recorded:
·
rights of user or
easements,
·
repurchase rights and
pre-emptive rights,
·
lease and tenements.
The
above-mentioned Act was a comprehensive norm, which in more than 130 paragraphs
thoroughly regulated details of particular entries, preliminary records and
notes, requisites of relevant source deeds, procedural rules of administration
of the land books, method of how particular applications should be attended to,
including relevant deadlines, scope and method of informing the affected
persons including the delivery method and complaint procedure.
The
Act went through several small amendments directed either at its text or mainly
responding to the changed regulation of the rights of user in the Civil Code.
Nevertheless, it was one of our record-breaking legal texts as regards
“lifetime“, with the interval between its adoption and abrogation being 93
years.
Owing to the fact that the Act covered the territory of Austria (or Cislaitania), it was received predominantly for Bohemia and
Moravia after 1918. For special regulation of related rights and duties in
Slovakia and Sub-Carpathian Ukraine, Act No. 90/1923
Coll. was intended, stipulating the requisites of relevant deeds, regulating
deletion of receivables and fee exempts in deletion thereof and compilation of
insets in Slovakia and Sub-Carpathian Ukraine.
A special role in keeping real estate records was
played by edict of the President of the republic No. 124/1945 Coll., on some
measures concerning land books, regulating changes in the book entries as
follows:
1.
in the book
insets identifying as beneficiary the German Reich, Kingdom of Hungary,
entities regulated by public law of Germany or Hungary, German Nazi Party,
Hungarian fascist parties and other entities, organisations, enterprises,
facilities, partnerships, funds and purpose-built property of such regimes or
related thereto, and as their direct legal predecessors the Czechoslovak State,
Bohemian or Moravian and Silesian Lands or their enterprises, institutes and
funds that belonged to them or were administered by them, the land-book court deleted the entry of
transfer of the right and renewed the entry to the benefit of the former
beneficiary;
2.
in the book
inset identifying as beneficiary the former Protectorate Bohemia and Moravia or
its enterprise, institute or fund that belonged to it or was administered by
it, the land-book court entered instead of them as a beneficiary the
Czechoslovak State or its enterprise, institute or fund that belonged to it or
was administered by it.
Furthermore, it imposed the duty to delete, upon
demand of the owner or a party otherwise beneficial in terms of land books:
1.
the notes of
confiscation, entered upon demand of the former German authorities, especially
the former secret state police;
2.
notes of
introduction of forced administration as well as entries of a ban on
alienation, encumbrance and tenement,
made in the period of lack of liberty further to the petition of the Ministry
of Agriculture (former Ministry of Agriculture and Forestry) or the Land Office for Bohemia and Moravia;
3.
notes of
subjugation entered in the period of lack of liberty further to the petition of
the Land Office for Bohemia and Moravia.
A brand new comprehensive regulation of real estate records was set up
by Act No. 22/1964 Coll., on real-estate records. For the needs of the national
economy, in order to “keep records of real estates, as required for planning
and management of the economy, especially agricultural production, for
protection of socialistic society´s property and personal property of
citizens, for proper administration of the national property and for protection
of the agricultural-land portfolio and forest-land portfolio“ defined the real
estate records. The scope of such records included the following:
1. identification of all real-estate property as regards the land type,
area and way of use, ownership relations, national property administration,
right of permanent use of the national property, right of personal use of the
lands, ownership rights limitation and other facts concerning the real estates necessary for the national economy;
2. a documentation of surveys, a documentation of entries and a collection
of deeds.
The records should be made and kept in accordance with reality by the
Central Office for Surveying and Mapping, mainly its district offices, which
were in charge of keeping the records in accordance with reality, based on
notified changes and local surveys, in coordinance
with authorities, organisations and citizens to which it may concerned. The
abovementioned authorities and organisations were obliged to present relevant
decisions to the locally competent survey office at the latest within sixty
days after such decisions came into legal force and other deeds within sixty
days after the relevant legal relation was established. By operation of law, the data of the real
estate records were binding for planning and management of agricultural
production, for reporting and statistics of the agricultural-land portfolio and
forest-land portfolio, for real-estate summaries run by socialistic
organisations as well as a basis for contracts and other deeds related to the
real estates.
In order to keep the entries in real-estate records in accordance with
reality, the owners, national property administrators and real-estate users
were obliged:
a) to report within 15 days to the locally competent national committee
every change of the user, land type, way of use and boundaries of the plots of
lands;
b) when called upon by the survey office, to present documents required for
the entry;
c) when called upon by the survey office, to mark incontestable boundaries
of their plots of land with permanent signs as required.
The local national committees had a duty to cooperate with survey
offices, establishing and keeping the records in accordance with reality,
especially
a) to keep for their needs a part of the documentation of the real-estate
records, as supplied to them by the survey offices, using professional and
technical assistance of such offices;
b) to announce relevant measures of survey offices in municipalities, such as local surveys, to send their
representatives thereto and to take care of presence of owners and users there;
c) within 15 days to notify survey offices of a change in real-estate
records, as reported to them by owners or users of the real estates, as well as
changes discovered by themselves;
d) to take care of proper marking municipal boundaries with permanent
signs, as demanded by the survey office.
Whoever attested a justified interest was allowed (unless an interest of
the society hindered from doing so) to consult real-estate records and to make
sketches, copies or extracts from them. Survey offices were obliged, upon
demand, to issue copies or extracts from real-estate records to authorities,
organisations and individuals.
At the same time, the Central Office for Surveying and Mapping was
authorised, in mutual accord with involved ministries and central authorities,
to enact regulations required for implementation of this law.
The regulation of the Central Office for Surveying and Mapping No.
23/1964 Coll., which implemented Act No. 22/1964 Coll. on real-estate records
was enacted on the same date as the above-mentioned Act. It set out that real
estate records should be kept for every municipality according to cadastral
districts. A cadastral district is a technical unit consisting of a
topographically closed complex of real estates, the records of which are kept
together, with the perimeter of the cadastral district usually identical to the
perimeter of the municipality (one municipality can however contain also two or
more cadastral districts).
The real-estate records included the following types of documentation:
a) documentation of surveys (a land map, a working map and a registration
map),
b) documentation of entries (a list of changes, a list of parcels,
user´s sheets, ownership sheets (title deeds), a list of users and
owners, a registry of users and owners
and a list of houses),
c) collection of deeds (resolutions and other deeds, records of changes,
field sketches, geometric lay-outs,
notebooks of measured directions, angles and lengths, calculations of
geodetic data, calculations of areas of changed parcels, lists or reports
etc.),
d) documentation of summaries and reports (summaries of land types -
cultures, areas of particular cultures, summaries of registration sheets etc.).
In real-estate registration maps all
real estates were projected with their ground plans
and identified with parcel numbers or signs and abbreviations of land types
(culture types) and local names.
The list of changes included
entries of all changes occurred in the real-estate records in the current year.
The list of parcels included
all parcels arranged in arithmetical order of parcel number. As for each
parcel, there was the map sheet number, registration sheet number, ownership
sheet (title deed) number, land type (culture type), area and the way of use,
as the case may be.
The user´s sheet was
made for each user and contained the user´s name (name of the entity or
individual) and all real estates used by such
individual / entity identified with their parcel numbers, land types (culture
types) and areas.
The ownership sheet (title deed) was
made for each real estate and contained the name of the owner (co-owners), name
of the national property administrator and all parcel descriptive and
registration numbers of the real estates. The ownership sheet included also entries identifying the rights
of personal use of the parcels, right of permanent use of the national
property, ownership rights limitations and users´ rights limitations and
the number of item in the list of changes.
The list of users and owners
included in arithmetical order the numbers of all user´s sheets and
ownership sheets, mentioning the names and addresses (registered offices) of
the users and owners.
The registry of users and owners included
in alphabetical order the names of the users and owners and their addresses
(registered offices), mentioning the numbers of user´s sheets and
ownership sheets.
The list of houses contained in
arithmetical order the descriptive numbers (registration numbers), mentioning
the parcel numbers and numbers of user´s sheets or, as the case may be,
ownership sheets.
The real estates were shown in breakdown by
the land type (culture type) as follows:
a) agricultural land – arable land, hop-gardens, vineyards, horticulture
land, orchards, meadows, pastures;
b) non-agricultural land – forest land, ponds (streams) with fishery, other
water areas, built-up areas and courtyards and other areas.
Whereas the previous Austrian comprehensive legal regulation was in
force for the already mentioned 93 years, Act No. 22/1964 Coll. lasted only 28
years, before being replaced with other two Acts, with the first one (to put it
simply) regulating the procedure of entries and registration of ownership
titles to real estates, while the other one focusing rather on the
substantive-law regulation of the very cadastre of real estates
as such. Another peculiarity is a little paradoxical situation about these
Acts, with the first Act passed by the Federal Assembly of the Czechoslovak
Federative Republic, announced in the Collection of Acts and becoming valid
several days before the other Act (Act on the Czech National Council), while
using for those several days the so far non-existing terms of the second Act
(mainly the very term “real estate cadastre “). But up to this rather formal
exception, both Acts are very well interconnected, both came into effect at the same time on 1 January 1993 and since
then each of them underwent coincidentally seven (yet different) amendments.
Act No. 265/1992 Coll., on entries of ownership titles and other rights
of user to real estates, was adopted on 28 April 1992. Under such Act, real estates the records of which are kept with the real-estate
cadastre of the Czech Republic are subject to entry of the ownership title, a
lien, a right corresponding to easement and a pre-emptive right with effects of
rights of user, and other rights as may be set out in the Act on Real Estate
Cadastre. The entry in the given sense means a registration, a preliminary
record, a note or, on the contrary, a deletion thereof.
The above-mentioned rights are deemed registered in or deleted from in
the cadastre usually by the relevant entry of registration or deletion on the
date of the entry, with legal effects of the registration upon final decision
on its permission as of the date of delivery of the registration petition to
the cadastral authority. Records of such delivered petitions are accessible to
the general public and everybody is entitled to consult them. The Act also
defines the procedural mechanism of the proceedings on permission of the
registration, including determination of the involved parties, requisites of
the petition to institute the proceedings, acts of the cadastral authority at
the proceedings, details of permission or rejection of the registration
petition and records thereof in the relevant cadastral documentation.
The same rights as may arise, change or lapse by operation of law, by a
decision of a state authority, by outbidding at a public auction, prescription,
increment and processing are subject to a relevant entry in the cadastre on the
basis of deeds elaborated by state authorities and other deeds that according
to special regulations attest or confirm the relevant legal relations. The
relevant deeds elaborated by the state authorities and the other deeds shall be
sent by their authors to the cadastral
authority to make the entry in the cadastre within 30 days after they come into
legal force, or within 30 days after they are elaborated.
A note is entered by the
cadastral authority on the basis of a delivered decision made by a court, a tax
administrator, an enterprise administrator, a bailiff, a person in charge of
public auctions or on the basis of a documented petition of the party to the
benefit of which the note is to be entered, namely:
a) on the basis of a petition for enforcement of a judgement by sale of a
real estate and establishment of a judge´s lien on real estates, on the
basis of a distress order to sell a real estate, a distress order to sell an
enterprise, on the basis of a resolution on enforcement of a judgement by sale of a real estate or by
sale of an enterprise, on the basis of a resolution on auction announcement of
a real estate sale, on the basis of a resolution on permission of a protective
term at bankruptcy proceedings, on the basis of a resolution on adjudication of
bankruptcy, on the basis of a composition petition filed with a court, on the
basis of a resolution of preliminary injunction, on the basis of notification
of conclusion of a contract of involuntary auction or on the basis of another
decision limiting the rights of the real-estate owner or another beneficiary
authorised to dispose of the object of the right registered in the cadastre,
b) on the basis of filed petition by which the petitioner seeks that the
court should award a decision concerning particular real estates of the
cadastre, based on which an entry in the cadastre could be made,
c) on the basis of a resolution levying a distress.
A note is, on the contrary, deleted by the cadastral authority on the
basis of a delivered decision or a notice from the part of a court, tax
administrator, a person in charge of public auctions or on the basis of a
documented petition of a person to the benefit of which the note is to be
deleted, if the reasons for it cease to exist.
The Act also explicitly set out that whoever relies on an entry in the
cadastre made after January 1993 is in good faith that the cadastre state
reflects the reality, unless he/she/it must have known that the state of the
entries in the cadastre does not reflect the reality. The real estate cadastre
is also made accessible to the general public by stating that everybody has the
right to consult the cadastre and to make copies or extracts about the legal
relations entered therein.
Czech National Council Act No. 344/1992 Coll., on the real-estate
cadastre of the Czech Republic (cadastral Act), was adopted on 7 May 1992. This
Act sets up a cadastre of the Czech Republic as a complex of data on real
estates in the Czech Republic including their description and geometric and planimetric determination and records of their ownership
titles and other rights of user and other rights according to the law. The
real-estate cadastre is in this Act characterised as a source of information
that serve for protection of rights to real estates, for tax and fee purposes,
for protection of environment, agricultural-land and forest-land portfolio,
mineral resources, cultural monuments, for regional development, for
real-estate valuation, for scientific,
economic and statistical purposes and for formation of other information
systems. The amendment by Act No.
120/2000 Coll. made the real-estate cadastre more accurate with the
computerised information system covering the territory of the Czech Republic.
The real-estate cadastre includes records of
a) lands in breakdown by parcels,
b) buildings joined to the ground with fixed foundations, namely
·
buildings to which a
descriptive number or a registration number is allocated,
·
buildings to which a
descriptive number or a registration number is not allocated and which do not
constitute a fixture or fitting of another structure registered on the same
parcel,
c) flats and non-residential spaces determined as units in buildings
according to a special Act,
d) semi-finished buildings or flats and non-residential spaces that will be
subject to entry in the cadastre upon application of the real-estate owner or
another party beneficial from a right subject to entry in the cadastre,
e) semi-finished buildings or flats and non-residential spaces that will be
subject to entry in the cadastre in connection with establishment, change or
lapse of a right of user to them,
f) structures joined to the ground with fixed foundations for which a
special regulation sets out so.
On the contrary, the real estate cadastre does not include records of
small structures.
Records of particular plots of land are made in breakdown by types as
arable land, hop-gardens, vineyards, orchards, horticulture land, permanent
grasslands, forest lands, water areas, built-up areas and courtyards and other
areas.
The records of real estates kept in the
real-estate cadastre include the following particulars:
a) the legal relations subject to registration according to Act No.
265/1992 Coll., on registration of ownership titles and other rights of user to
real estates,
b) competence of organisational units of the State and state organisations
to manage the state-owned property,
c) the right of permanent use of the real estate,
d) administration of real estates in ownership of the State,
e) authorisation of city districts of the capital city of Prague to manage
the property of the capital city of Prague entrusted to their care ,
f) authorisation of city districts of statutory cities to manage the
property of the statutory cities entrusted to their care,
g) authorisation of a state budget funded organisation and a contributory
organisation founded by a municipality or a city district of the capital city of Prague or a statutory
city to manage the municipal property,
h) relation to the organisational unit of a legal entity, if incorporated
in the commercial or other register as determined by law and the head of such
organisational unit is authorised to dispose of the real estate registered in
the cadastre on behalf of the legal entity to which the organisational unit
belongs,
i) other facts specific for the particular thing, to be registered in the
cadastre according to this Act.
Records of particular real estates are
arranged in the cadastre according to cadastral districts.
The real-estate cadastre includes
a) geometric and planimetric determination of
real estates and cadastral districts,
b) land types, numbers and areas of parcels, descriptive and registration
numbers of buildings, selected data on the particular protection and use of
real estates, numbers of flats and
non-residential spaces and specification of non-residential spaces, data for
tax purposes and data enabling interconnection with other information systems
that have a relation to the cadastre contents,
c) data on legal relations including the data on owners and other
beneficiaries and data on other rights to real estates
according to this Act,
d) data on detailed points of planimetry,
e) local names.
The cadastral documentation includes
a) a complex of geodetic information including the cadastral map and in the
specific cadastral districts also its relevant numeral description,
b) a complex of descriptive information including data on the cadastral
district, parcels, buildings, flats and non-residential spaces, owners and
other beneficiaries, legal relations and rights and facts related to cadastre
entries,
c) summaries of land portfolio compiled from cadastre data,
d) documentation of survey results, including a list of local names, to
keep the geodetic information complex updated,
e) a collection of deeds, containing state authorities decisions, contracts
and other deeds based on which an entry in the cadastre was made.
The Act also regulates procedural details for entries of legal relations
and other data in the real estate cadastre, including requisites as for the
relevant deeds, terms, corrections and revisions. It also sets out the duties
of owners and other beneficiaries, municipalities and state authorities with
respect to implementation of the above-mentioned Act, requisites as for
cadastral documentation update, geodetic activities and geometric lay-outs.
The real estate cadastre is declared public, which means that everybody
has the right to consult it and make copies, extracts of sketches from it in
presence of a clerk of the cadastral authority. What only limits the cadastral
documentation publicity is a potential conflict with protection of data
contained therein in compliance with Act No. 148/1998 Coll., on protection of
privileged information. (This Act is still in force, but with most of its
contents deleted with effect as of 1 January 2006, so the above-mentioned
limitation has been actually removed.) From the complex of geodetic information
and from the complex of descriptive information, the cadastral authority shall
make, upon demand, an extract, a copy or identification of parcels, which
become thereby regarded as public deeds reflecting the real-estate cadastre
records of the relevant status as at the time they are made. The Act assumes a
general possibility to use a computer network providing remote access to the
cadastral data run in the form of computer files against payment under the
conditions stipulated by an implementing legal regulation. In addition, the
implementing regulation may set out also other forms of data provision from the
real estate cadastre (assuming the real-estate cadastre data are available to
the general public through remote access.) The duty of the cadastral
authorities to pass the data to other
authorities or self-government territorial units to exercise their competence, as may be set
out in legal regulations, shall be performed free of charge.
Finally, the Act also sets out qualified facts of offences in the field
of the cadastral authority and the amount of sanctions for such offences.
The Czech Office for Surveying, Mapping and Cadastre is authorised by
means of an implementing regulation to set out in detail
a) the object and contents of the cadastre,
b) determination of buildings,
c) activities related to cadastre administration and update of the
cadastral documentation,
d) geodetic work for the purpose of the cadastre, elaboration of geometric
lay-outs, allotment system specifications and land parcel boundaries marking;
e) marking of territorial boundaries of municipalities and boundaries of
plots of land with permanent signs,
f) conditions for release of data from the cadastre, form of the released
data and payment for them,
g) exchange format of released and received data of the information system
of the cadastre,
h) conditions of dissemination of data from the cadastre.
The above-mentioned legal regulation will enable to keep records of real
estates in the Czech Republic in the required scope and quality. Nevertheless,
the strategic documents of the Government of the Czech Republic titled “State
Information Policy – A Way to Information Society“ dated 1999 and “State
Information and Communication Policy – E-Czechia
2006“ dated 2004 envisage a progress in the given field even up to a higher
level. The central idea in this regard is to build basic registries of public
administration, which will enlarge the usability of the information systems of
public administration by interconnecting the sub-systems and registries of
public administration, usable also for the needs of the general public, with
the aim of achieving not only cuts in costs, but also accelerating administrative
procedures, removing duplicities and reducing state bureaucracy.
Thereby the agenda of real estate
records was incorporated into the framework of so-called basic registries of
public administration, including
·
registry of population,
·
economic registry,
·
real-estate registry and
·
registry of local
identification and addresses.
The main sense of their existence is
practical application of the principle that “a fact once documented to a public
authority needn´t be documented again, if the public authority can obtain
such facts in compliance with this Act and special legal regulations“ (meaning
in this regard especially Act No. 101/2000 Coll., on protection of personal
data). With respect to a high frequency of information exchange among public
authorities, this should ensure that the exchanged information have a certain
legal force and provide a high guarantee of accuracy and truth.
It can be said that the future registry of real estates
is the most sophisticated and qualitatively best of all the above-mentioned
registries. At the moment, the records kept therein are fully digitalised and
used not only for the own needs of its own founders (cadastral authorities),
but are also operatively and purposefully accessed to the general public,
including remote non-authenticated access. Its future based on incorporation
into the system of the basic registries including their mutual interconnection
on a real-time basis looks very promising.