of 6 May 1999. May 1947
on the right of the building.
The constituent National Assembly of the Czechoslovak Republic passed on
The concept of the right to build.
The plot may be burdened by the law of another person (the Builder), have
building on its surface or beneath the surface (right). It doesn't matter
whether it is a construction of the already established or abusive.
Right to build can be set up so that it also applies to the land,
which there is no need for the building, which is used to better
the use of the.
The right thing is immovable. Also, the construction is managed by the provisions on the
matters immovable, but is not a thing.
Commencement and termination of the right to build.
Right of construction arises as soon as the fault of the loaded as the plot.
Right on předcházeti rights cannot pledge and jinaké
glitches that go to salaries in cash or is contrary to the purpose of the right to build.
Right to build can be zříditi just as the right to temporary. The final day of the period, the
which is established, must be evident from the library of the registration.
Right to build can be zříditi for pay or free of charge. It depends if the wage in the
repeated doses (salary), it cannot be his acreage and
maturity made dependent on uncertain future events. Building
the salary can be arranged on the law construction as a real burden.
Building right may not be subject to a subsequent obmezeno.
Prodloužiti can be of the duration of the building only with the consent of those for which the
are written on the land the library above the law in a law
The client waives the right to build, the owner of a loaded land
According to documents proving this fact převésti for a period of more
neuběhlou the right to build on each other, or to any other person.
Cancellation of the right to build before the expiry of its period, it may, without the consent
people who acquired the library rights on it, stand by obmezením,
that the legal consequences of the cancellation with respect to these rights arise only
the deletion of them.
Legal relations of the law building.
What to build a Convention compliant client has the same rights as the owner,
what the jinakého use of the land law, the building has a loaded, if not
negotiated anything, the same rights as the recipient.
The contract to the client can be saved to make the building into a certain
of the times.
section 13 of the
Developers the right to build zciziti and zatížiti. The right of the building passes
to the heirs.
If there is anything else negotiated for the right of first refusal on the stavebníku
building land and the owner of the land on the right of the building.
The client has to protect their rights to the building or to the building of the land
actions similar to actions from the property and the alleged ownership.
section 16 of the
If nothing else it is not negotiated, the owner of the building site when
building right shall expire after the period for which it was established, shall be obliged to
credit the client for a refund.
The amount of compensation and the way the estimate can be established already in advance. Otherwise, the
paid half the value of that time the building has.
Jinaká the rights of lien and charge on the law construction may affect compensation.
The rights and obligations of the parties may be adjusted by the Treaty only
If the law does not exclude. Dopuštěné of the Convention can be zapsati to the public
books and acts against third persons.
The right of the building is sufficient certainty, when the load does not exceed one
half the price and when the debt contracted repayments or úmorovými
Breeze up to annual payments shall be paid not later than on the fifth
the year prior to termination of the right to build.
In connection with the site is to use it adequately the provisions on execution
the land exposed to servitude. The building is the income from salary
real estate. If done for public benefits, which, according to studies, the
the provisions have to be met out of the real estate in preference of the show,
forced auction procedure, the successful bidder will assume the right to build without any deductions from
the Supreme administration.
Proceedings in the library of the Court.
For the right to build at the same time the fault is registered as zříditi special
the library element. All entries against the client is realized in this
the Jack. In the vyznačiti, in particular, is also the day on which the right to
the construction ends.
Article 23 of the
(1) If, in accordance with the Library State and in accordance with the relevant instruments vyhověti
the application for the registration of the rights of construction, noting the request in the books. This
Note has the same legal consequences as a note of the show.
(2) if the plot, which has to be burdened by the law is only part of the building,
the library of the body, is the site of the odepsati and zříditi for special
the library's request, insert notes on the sheet of defects of the new cartridge.
At the same time being able to call upon the authorities and institutions of the ukládati and vymáhati of the public
taxes and levies on land benefiting from preferential rights, in order to
fifteen days reported their rights that would otherwise these rights should
the agenda for the law building, for which registration has been applied for. Who is as follows
challenged, let it be stated in the application for the registration of the right of the building. The challenge is
doručiti into their own hands. If it was from the building site set up
Special housing, a call also indicate the library, from which it was
building plot written off.
If the designated time logged in any such preferential right,
you decide without delay on the registration of the right of the building. If such rights
reported, is about the zpraviti of the applicant. Writing can be povoliti only,
When it was shown or to ensure the incorporation of the registered rights.
If it is not accompanied by such licence to the Court filed within sixty days thereafter, when it was
the applicant for ohlášce informed, clears the comment requests from official
Termination of the right to build on the expiry of the period for which it was established, it clears
the mere request of owner's.
The provisions of the fee.
section 27 of the
On the tax from the alienation or transfer of a right from the next building
or from the transfer of land loaded this law the General
fee regulations with the tolerances laid down further.
(1) if the basis for the assessment of the fee agreed remuneration, examined
the value of the building or land rights law a loaded as follows:
First, shall be the total value of the property (land and construction,
If you are already on it) according to the General regulations of the fee,
as if the building was not burdened by the law of the land.
(2) the value of the right to build, including in it the building acquired or established
According to this law (§ 3), estimates are as many setinami the aggregate values
real estate, tested under the preceding paragraph, the number of years
between the time they opt for tax and the right to work;
fractions of a year, the six months shall be considered for the whole year, otherwise
no account to them.
(3) the value of the land law, the construction of a loaded is the amount that is left,
shall be deducted from the total value of the real estate value of the buildings and the law
construction (section 3), determined in accordance with the preceding paragraph.
(4) if the value according to the previous provisions II proportionate,
It shall apply to determine the value of the building or land rights it loaded
the common rules of fee.
(1) the value of the opětujících the benefits agreed under section 6 (for the building
salary) shall be the total amount of the construction of the salary, if the time between the
applicable to tax time and the time of termination of the right to build less
for over 10 years. If this period is 10 years or more, but not more than 45 years,
the ten times that, if more than 45 years, patnáctinásobkem
the annual salary for the building.
(2) if they have recurrent benefits for individual years, uneven
amounts, is the basis for the calculation of the annual average of these benefits for the entire period
the duration of the construction.
For the provision of fee reductions will be assessed right of construction, if the
the land it is not installed, loaded as undeveloped land, if the
However, as falling within the building.
(1) the real estate fee calculated in accordance with the foregoing provisions, the
halved, establish if the right structures for non-profit housing
Association and writes to that right in the first library of the show as
real burden to the State (financial management) the obligation of the Association that
issues on land, above the law works in 3 years from its establishment
House with small apartments and small establishments pursuant to section 136 of the Act on direct
taxes and it-unless it is a building designed by their nature to convert
the ownership of physical persons-nezcizí to 10 years.
(2) if the association fails to meet the commitments referred to in paragraph 1, the relief expires.
The facts justifying the termination of relief, the Association is required to ohlásiti
the tax office within 15 days after their creation; otherwise shall also
increase equal to the balance of the proper fee.
The existing provisions on the use of space above and below the land plot
shall remain unaffected.
The law of 26 March. April 1912, no. 86., on the right of the building, is hereby repealed.
This law shall enter into force on the 30th day following its publication; does it
the Minister of Justice, in agreement with the participating Ministers.
Dr. Benes v.r.
Dr. v.r. Stransky
for the Minister, Dr. Drtinu