Slovak Financial Law News 2004

Amendment to the Cadastral Act

Act No. 173/2004 Coll., amending and supplementing the Act of the National Council of the Slovak Republic No. 162/1995 Coll. on the Land Register and Registration of Ownership and Other Rights to Real Estates (Cadastral Act) as amended

The aim of the amendment to the Cadastral Act is pursuant to the argumentative report to harmonise the legal regulation of the Land Register with the laws of the European Union, namely with the Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Convention of the Council of Europe No. 108/1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data. At the same time the purpose of the amendment to the Cadastral Act is to specify in details the legal regulation of performance of the state administration in the field of the Land Register so that it corresponds to the changes that have recently occurred in our legal system. The amendment to the Cadastral Act also amends the Cadastral Act in line with Act No. 428/2002 Coll. on Protection of Personal Data as amended.

The so-called principle of publicity of the land register system shall remain unchanged also following the adoption of the amendment, according to which any person may inspect the land register system (except for the Collection of Deeds) and any person may request the particular Land Register Administration for a certified extract or a copy of the Letter of Ownership which also includes data protected by the Act on Protection of Personal Data (e.g. birth number). In order to ensure protection of these data, the amendment to the Cadastral Act expressly prohibits the publication of the birth certificate number and information on the price of agricultural and forest lands. When inspecting the land register system or providing the personal data from the Land Register, the personal data are made available or provided within the scope of the first name, surname, maiden name, date of birth and permanent residence. This scope of personal data also applies to the publication of personal data from the land register system.

With regard to the fact that all lands are not shown in the cadastral map, but are shown also in the older registers, such as in particular a map of the designated operate, the amendment specifies the definition of the term ``plot''. A plot shall mean geometric determination and positional determination and the depiction of a land in the cadastral map, in the map of the designated operate or in the geometric plan stating its plot number.

For the purposes of registration of real estates in the Land Register, the legislator also specified the term ``identification of the plot'' which shall mean a comparison of the entry and mapping of the land on the deed and other operates and in the file of descriptive information and geodetic information of the Land Register.

The definition of the term ``building in progress'' was moved to the basic terms defined by the Cadastral Act from legislative-technical point of view. The legislator also introduced definitions of the terms ``flat in progress'' and ``non-residential premises in progress'' by the amendment.

Pursuant to the amendment, the Land Register consists, in addition to buildings connected to the ground with a fixed base and marked with the registry number, also of the buildings which are not marked with such a number. Flats, flats in progress, non-residential premises and non-residential premises in progress in connection with the establishment, change or cessation of the right thereto are recorded in the file of descriptive information of the Land Register.

One Land Register Administration was formed by the amendment for all territories of the districts of the city of Bratislava as well as the city of Košice.

The amendment excluded the decision-making authority of the Land Register Administration in the proceedings on determination of the boundaries of lands, since this authority has in most cases the character of a dispute over the protection of ownership right to the real estate and it therefore falls within the competence of the courts.

A party to the proceedings may file an appeal against the decision on rejection of registration with the Land Register Administration that issued the decision, while the amendment stipulates a 30-day period for filing such an appeal. The period commences on the date of delivery of the decision towards which the appeal is directed.

The amendment also introduces so-called accelerated proceeding. If the party to the proceedings on a petition for registration requests for the accelerated proceeding and pays an administrative charge, the Land Register Administration may decide on the petition within 15 days after its delivery. If it fails to do so, the Land Register Administration shall decide on the petition within 30 days of the delivery date of the petition for registration. The administrative charge for the accelerated proceedings amounts to SKK 5,000. If the Land Register Administration fails to decide within a shortened period on the registration of the right to real estate with the Land Register, it shall return the difference between the charge paid for the accelerated decision on the petition for registration and the charge specified for the filing of a petition for the registration within common proceedings.

As easements (ius in re) to real estates as well as the rights arising from the administration of the state property and the property of municipalities are recorded in the Land Register, record-keeping of the administration of property of the higher territorial units is also supplemented in connection with their establishment.

With respect to the establishment of the higher territorial units, the amendment expressly stipulates that those rights to real estates which arose, ceased to exist or changed on the basis of public and other deeds evidencing the delegation of the administration of the property of the higher territorial unit into the Land Register are also included in the records.

The amendment eliminates the duty of the Land Register Administration to examine whether the attestation of the declaration of prescription issued by a Notary Public meets the requisites of the Notarial Rules.

The amendment also specifies the provisions regulating the registration in the Land Register in form of a note. The note shall mean the expression of facts that restrict the authority of the owner to dispose of the real estates, or information on the real estate or the right to the real estate. According to a notice of the court or any other governmental agency, or upon the petition of any other person authorised pursuant to special regulations, the Land Register Administration shall record in the Land Register in particular the note on commencement of the proceedings on court execution of a judgement by the sale of the real estate, on commencement of the execution by the sale of the real estate, on declaration of bankruptcy over the owner of the real estate, on commencement of expropriation proceeding and on the preliminary injunction by which disposal of the real estate is prohibited.

The beginning of a lapse of the period for registration of the note is specified on the date of delivery of the public instrument or any other deed for the registration of the note, however no later than the following business day.

Not only a written agreement, public instrument or any other deed in the official language, but also made in the Czech language due to its comprehensibility, is capable of registration of the right to the real estate in the Land Register.

The amendment also extends the reasons for marking a seal on the Letter of Ownership, namely also by reason of filing a protest of the prosecutor against such a decision of the Land Register Administration, by which the Act or any other generally binding legal regulation was broken.

The subject of registration in the Land Register also includes a flat in progress or non-residential premises in progress.

The geometric plan also without public or other instrument may be recorded in the Land Register in such cases when the rights to real estate are not changed. However, this cannot affect the provisions of the applicable regulations prohibiting breaking up of the lands.

In general, the principle if the right to the real estate is affected by a certain change, the Letter of Ownership shall be sealed and shall not be provided, applies to the Land Register. In compliance with requirements of the practice, the amendment sets out that the respective Letter of Ownership shall be issued to the owner or any other authorised person upon demonstration of the ownership right, even if the right is affected by a change. However, the stated fact must be clearly marked on the issued Letter of Ownership.

This Act came into force on 15 April 2004.

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