n one of our previous articles on the purchase in Czech Republic of real estate
The importance of records in the Cadastral Register has been mentioned. As you know the register of cadastrals
is a general data base with the majority of real estate in the Czech Republic and related rights and obligations.
They are registered. Registered. The following types of real estate are generally registered in the cadastral register: Jobs
Lands in the form of land parcels, buildings connected to the land in the form of fixed floor and non-residential units. The buildings and units can be registered in the Cadastral Register when they are still under construction, i.e. before their completion. In general, the Cadastral Register shows whether or not the property in question has been completed. An effective decision by a building office approving the use of the real property for a given purpose should always demonstrate the completion of the property. On the other hand, once the real estate is registered as finished, this registration will not change until the property can be rebuilt.
Whenever you are interested in an apartment or non-residential unit, please ensure that it is registered as separate units within the Cadastral Register. Actually, many flats that are not registered in the cadastral register are occupied by people. In such cases, only the whole building in the cadastral register in which such apartments are located was registered. This is very important since no separate unit can be sold or purchased that is not registered in the Cadastral register. Until the unit is registered in the cadastral register as a separate unit, it does not exist from the legal point of view nor can it be transferred.
There are several ways to determine separate units in the building. The most common is the document issued by the building owner to determine the units. Such a document is referred to as a "statement to the building owner" and requires the effectiveness of registration in the Cadastral Register. Law No. 72/1994 Coll. on property ownership as amended sets out all inherent parts thereof and must include:
Building description in which the units are located
Land plot/land pots description under the building
determination of all units, parts and accessories, and equipment
Determination of common parts of the building that are used by all building unit owners
Shares of the co-owner in joint parts of building and in plots under building in connection with the ownership of each building unit rights and obligations to which the new unit owner is assigned
Rules governing building administration and associated cost settlement Once the statement of the building owner is filed with the relevant land registry office, the purchase agreement regarding transfer of ownership title to any of the units determined by the statement by the building owner can be filed. This occurs in the case of reconstruction and determination of new flats in old buildings already registered in the cadastral register.
We would recommend that you take into account this when considering the purchase of a particular apartment, namely for the following reasons. It is not possible to purchase the apartment or non-residential unit separately in the register of cadastras or to file at least a corresponding petition.
Even if the declaration by the building owner has been made and filed with the appropriate cadastral office, this poses a risk until it is registered successfully in the cadastral Register.
If you are in need of a mortgage credit to pay up an agreed price for the property, the fact that the property has not yet been registered with the Cadastral Register could be considered a risk, too.
We believe that the information in this article will help to avoid any inconveniences related to finding and purchasing a particular apartment that you might be interested in. If you choose an apartment that has not been registered with the cadastral register, you should expect a longer, more risky and complicated procedure. Also related expenditure will probably be higher.
Since the general guideline cannot be prepared in every case fully applicable, we would like to assist you in the acquisition of any real estate in the Czech Republic. If you wish, it will be a pleasure for us to cooperate more closely with you.