Cadastral law and real estate
The amendment of the Cadastre Act
Act No. 212/2018 of 19 June 2018 amends the Act of the National Council of the Slovak Republic No. 162/1995 Coll. on the real estate cadastre and the entries of ownership and other rights to the real estates (hereinafter referred to as the „cadastre act"), as amended. This amendment to the cadastre act is effective from 1 October 2018.
In accordance with the explanatory report, the new legislation represents the basic and necessary steps related to the realization of the project „Operational Program Informatization of the company - Electronic services of real estate cadastre of Real Estate" and takes into account the current processes in the field of electronization of the real estate cadastre. The aim of the project is to build a central information system of the real estate cadastre, which will create a fully-fledged provision of electronic cadastre services to the public, state administration and self-government bodies, as well as providing information through electronic services for informative as well as legal purposes.
The new legislation also responds to the demand for accelerating and improving the registration of real estate and at the same time creates legal conditions for improving the functioning of the real estate cadastre, taking into account the requirements of application practice, also responds to the progress in the field of information technologies in connection with the public of cadastral facility and the provision of data from the real estate cadastre, even with regard to the protection of personal data. At the same time, a number of cases where the district office will be able to correct errors in the cadastral facility will be expanded.
Here are some of the most important legislative changes.
The amendment of the cadastre act has established the general conditions of content of the proposal for the initiation of each cadastral proceedings. Specifically, the provision of Section 24 of the cadastre act specifies the essential conditions of each proposal for the initiation of cadastral proceedings. Provision of Section 24 Subsection 1 of the cadastre act is: „The proposal for the initiation of cadastral proceedings must include
a) the applicant 's identification data in the range
1. in the case of natural person the name, surname, birth surname, date of birth, personal identification number or in the case of foreigner a different identifier, permanent residence, address for delivery here, if it is different from the place of permanent residence, information about nationality,
2. in the case of a legal person the name, identification number, registered office, address for delivery, if it is different from the registered office,
b) the name of the district office to which the proposal is addressed,
c) the subject matter of the proposal,
d) the indication of the legal act on the basis of which the right to real estate is to be created, changed or extinguished, in the case of the proposal to enter,
e) identification of real estate,
f) indication of the size of the co-ownership share, expressed as a fraction to the aggregate,
g) the official verification number of the geometric plan, if the land is distributed or merged, or in the case of the establishment of a real burden to a part of the land or in the case of the recording of the data,
h) indication of the place and date of publication of the compulsorily published contract, in the case of a compulsorily published contract,
i) marking of attachments,
j) a request for sending a notice of execution of the record, a notice of execution of a note or a request for sending a notification of the result of the investigation of the change of the cadastral data by e-mail to the said e-mail address or to the electronic mailbox if the petitioner requests to notice an enrollment in the cadastre or the result of the investigation of the data of the cadastre in electronic form,
k) a request for expedited enter procedure where the petitioner requests for its expedition."
The proposal for the initiation of the cadastral proceedings in electronic form is accepted by the district office through the access point.
In the sense of the new legal regulation, further annexes to the application for enter are also a declaration on oath of compliance with the conditions under Section 59a of the Commercial Code (i.e. when the company acquires assets under a contract concluded with its founder or shareholder for a consideration of at least 10% of the registered capital, the value of the subject matter of the contract must be determined by an expert opinion) or declaration on oath that these terms do not apply to that company. In addition, the mandate of legal person granted to its employee is also attached if a party to proceedings is legal person who, in writing, empowers its employee in the course of its business by filing proposal for enter and documents, which have probative value for the proceedings about proposal for entry. The geometric plan, if it is officially verified from 1 October 2018 and later, will no longer have to be attached to any proposal to initiate the cadastral proceedings. This does not apply to geometric plans officially verified until 30 September 2018, which will still need to be submitted for proposals for registration in the real estate cadastre.
In accordance with amended provision of Section 30 Subsection 5 of the cadastre act, the object of the proposal for entry must be all the legal acts contained in the contract and are subject to the entry, and all the real estate related to the legal acts that the contract contains and are subject to the entry. Only one contract, which contains more legal acts, may be attached to the application for entry.
In accordance with the new legal regulation, annexes to the application for the record are
a) a public document or other document confirming the right to real estate; in the case of the registration of a lien established by law, there is no need to attach a document proving the existence of a claim,
b) identification of parcels, if the ownership right to the real estate is not recorded in the property list,
c) other documents having probative value for the proceedings.
A further change occurred in the delivery, that a delivery fiction was established. Specifically, the provision of Section 25 of the cadastre act states that „If a natural person does not have an address registered in the register of the population of the Slovak Republic and does not submit an address for delivery in the Slovak Republic in the application, the district office delivers documents to this natural person by notice on the on the official board or on web site of the relevant district office. The document shall be deemed to have been delivered after 15 days from the publication of the notice on the official board of the district office, even if the addressee does not know about it."
The change also takes place within the time limits for execution of registration, namely a time limit for 5 working days is established for the registration of real estate rights from the date of initiation of the proceedings for the erasure of the lien.
The amendment also relates to the content of the real estate cadastre, where the cadastre also contains information about the price of the real estate. The price will be recorded in relation to all real estates registered in the real estate cadastre, from the documents that will be submitted to the real estate cadastre. The data about real estate price will not be published. It will be provided on request only to the real estate owner and other entities in order to perform their tasks under special regulations, such as courts, tax offices, police, etc.
The set of descriptive information of the cadastre will be supplemented by another identifier in the case of foreigner. Another identifier is not just the equivalent of a personal identification number, but it can be also, for example, a passport number or ID card number.
The buildings bounded by the peripheral walls and the roof structure will be registered In the real estate cadastre,
In accordance with the Section 46 Subsection 2 of the cadastre act effective from 01 October 2018: „The building shall be registered in the cadastre if it is bounded by the peripheral walls and the roof structure. When registering a building in the cadastre, the person listed in the document according to a special regulation shall be entered in the register unless another public document or other document proves that the owner or other authorized person is another person. In the case of a building not specified by the inventory number, as an owner will be registered the person mentioned in the approval decision or a person who is notified in the notice of the building office as the person who declared the building unless another public document or other document proves that the owner is other person."
The new provision of Section 46 Subsection 2 of the cadastre act states that buildings that are recorded in the cadastre are buildings with the assigned inventory number; buildings with an approval decision if the inventory number is not assigned to them and the buildings which are obliged to report if their use does not require the permission of the building office.
The amended provision of Section 46 of the cadastre act also regulates the way of registration, respectively erasure of buildings.
The amendment also introduces a new output from the real estate cadastre, which is a real estate inventory. The content of this inventory includes data on all real estate owned respectively administered by one person, within the whole territory of the Slovak Republic, the requested region, district or cadastral territory. This inventory of real estate will replace the production of multiple listings from the property lists and will also provide a summary of the real estate owned and managed by one person.
The amendment to the cadastre act also provides a more detailed correction of the errors in the cadastral operation.
According to the amended version of the cadastre act, the proceedings for correcting the error is the proceedings in which the district office corrects the erroneous cadastral data that have arisen through its own activities or activities of other state bodies, notaries or other persons on the basis of wrong basis of the district office. The error correction is made by registration to the cadastre on the basis of an error correction decision or an error correction report.
The district office will repair
a) cadastral data if they are in contradiction with the decision to authorize the entry, a public document or another document, on the basis of which the registration was made in the cadastre;
b) erroneously displayed land borders in the cadastral map or in the map of the designated operation if they are not in line with the boundaries marked in the terrain and the marking of boundaries in the terrain since the original measurement was not changed locally,
c) data about multiple ownership if it is agreed by all persons registered in the cadastre as owners and other persons who certify the ownership of the same real estate according to a public document or other document and are not registered in the real estate cadastre as the owners of this real estate, and it is not the correction referred to in point a),
d) data entered in the cadastre in contradiction with the provisions of the cadastre act governing records and notes, unless the registration in the cadastre has resulted in a change in the ownership right,
e) cadastral data entered on the basis of a decision on the approval of the register of the renewed land register, if it can not be corrected within a period according to a special regulation
f) the plot size of register "C" entered in the property list if it does not meet the criterion for assessing the differences between the parcel size calculated from the coordinates of the parcel perimeter fracture points and the plot in the descriptive information set,
g) the plot size of the register "E".