HOW DO YOU FIND A BUILDING SITE?

26. 10. 2017

Do you own a plot of land? Would you like to start building a house? Are you not sure whether your plot of land is a building site or not? No problem. Fortunately, there are tools which help you to find out if your plot of land is a building site, if it is located in protected zone, or even how to take from a non-building site to a building site. The easiest and the fastest way to obtain information about your plot of land is to view the cadastre documents. This app enables you to explore all necessary information about ownership, securities etc. of any plot of land, building, apartment, or business premises in the Czech Republic.

 

Viewing the cadastre documents is the easiest way to obtain information

The advantage of online viewing of cadastre documents in comparison with the remote access to the cadastre of real estates is free access to all users of the internet. The next advantage of this portal is that it requires no registration at all, is free of charge, and it has a very easy and intuitive user interference. When at the homepage of viewing the cadastre documents you must choose “Vyhledat parcelu” and then enter the name of the city or town, figure of plot of land, and the name of the cadastre region. At the following website, you will see the profile of the searched plot of land and next important information (owner, address of the owner, area of the plot of land, legal restrictions). In the section “Způsob ochrany” you can find information about the protection of your plot of land.

 

How to proceed if is your plot of land is located in a Protected Landscape Area?

If your plot of land is located in a Protected Landscape Area, which is written in the Cadastre of real estates as II.-IV. zóna, you will be forced to proceed in compliance with requirements of the local branch of Protected Landscape Area. The most usual proceedings when you want to build or make any major changes at your plot of land is to contact the local branch and have everything consulted at first.

 

Where do you find out if your plot of land is a building site?

Online viewing of cadastre documents unfortunately does not provide you with this piece of information. To find out, it will be necessary to look up the valid zoning plan of the town which performs the administration over your plot of land. No problem! The internet the simplest and the fastest way. Zoning plans can be downloaded from respective municipalities’ websites. Zoning plans are basically a map of the whole municipality with highlighted plots of lands which belong to the municipality. Every part of the area is graphically highlighted so it is obvious at first glance what an admissible purpose of utilization is. Some parts are highlighted as developed, some as zones of public space, roads etc.

 

How do you recognize a building site from the zoning plan?

In case your plot of land is in a zoning plan highlighted as a building site (usually by an orange grid) you are almost there. You can start building or you can advantageously sell it as a building site which is naturally much more valuable than a garden or plot of land used for growing crops.

 

Would you like to start building but your plot of land is not highlighted as a building site?

It means that the whole situation is slightly more complicated but do not worry! Despite that, a solution can be usually found. You must request in writing a respective municipality to change the zoning plan. Your request is going to be evaluated by the municipal government (mostly at the nearest meeting). Unfortunately, there is no legal right for the change, so the result itself is uncertain to some extent. It depends mainly on the conditions and also on your arguments which support the change of the zoning plan. Unluckily, the relationship between locals are also quite important, particularly in small towns.

 

When I view the cadastre documents my plot of land is described as arable land but when I view the zoning plan it is a building site

Yes, that is possible. It is not a mistake. It depends on the point of view. Arable land, garden, permanent cover of grass, vineyard, hop yard, orchard, and the other surface are types of lands. Moreover, the fact that the plot of land is described as arable land or orchard does not have to mean that it is so in reality. It is not rare to see that a garden around the house is in cadastral documents considered as arable land. The fact whether the plot of land is a building site or not follows from the zoning plan and in the case of construction, it is required only to change the type of land under the building on developed areas. Yes, it is slightly overcomplicated but it is in compliance with law. This deed is called taking out from the soil fund.

 

How to take out land from the soil fund?

It is required to officially ask for taking out from the soil fund. There are legally two ways to do that. You can ask before or during the territorial procedure. The second alternative is a bit more complicated but is faster in praxis as well. For taking out from the soil fund it is necessary to make a request in writing and fill in the corresponding form, which is usually possible to find at the municipality’s website.

 

Documents which have to be attached to the request for taking out land from soil fund:

  1. Valid viewing of the cadastre documents statement (you can obtain it at any notary or post office with service called Czech Point)
  2. Valid picture of land map from viewing the cadastre documents
  3. Situational drawing of taking out land – specific building
  4. Proper reasons for building – alternatively draft of another solution
  5. Attitudes (consents) of plot of land owners in case that the applicant is not an owner
  6. Results of pedological opinion
  7. Evaluation of cultural layer overburden
  8. Evaluation and draft of alternative
  9. Calculation of financial payment
  10. Information about drainage, irrigation and anti-erosive arrangements
  11. Plan of re-cultivation in case that the plot of land should be after terminating of its purpose again added into agricultural soil fund or re-cultivated by means of forestation or establishing a body of water
  12. Birth certificate number of the naturel person, identification number of the artificial person

 

Is request for taking out land from the soil fund paid?

Consent for the taking out land from the soil fund is not subjected to any administrative fees, however in most cases you have to pay a fee which equals tens of Czech crowns. It is determined according to quality of land (BPEJ) which you can find out in viewing the cadastre documents. In case the relevant quality of land is not determined, in other words your plot of land does not have any registered BPEJ, you have to have a pedological opinion made.

How is the fee for taking out land from soil fund influenced by quality of soil is stated in attachment Nr. 4 of Ordinance Nr. 441/2013. The other important factor which influences the high fee is the class of land protection. Also, the class of protection can be found out when viewing the cadastre documents or from the pedological opinion.

Class of protection and relevant coefficient: Ist Class = 9, IInd Class = 6, IIIrd Class = 4, IVth Class = 3, Vth Class = 3.

 

The final fee can be easily counted following this formula:
Final fee = quality of land * coefficient of class of protection

 

We do believe that this article provided you with some new and interesting information and you can now move ahead.

 

Did you find out in what situation you are? Would you need more information? Do you have any more questions? We would be glad to answer them and help you with anything so you can fast and with piece of mind start building in compliance with law. Ask as for advice – just write us a message.

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