The topic of the article is: „How to Properly Submit a Proposal for Entry into the Land Registry“ and what the process before the Land Registry Office looks like after signing the purchase agreement. After signing the purchase agreement, the contracting parties submit a proposal for the entry of ownership rights into the Land Registry. In this article, we will go through the entire entry procedure, describe what to watch out for, and identify the most common mistakes that occur during the entry process. The post will cover real estate law, contract law, and administrative procedures.
Preparation and submission of the proposal for entry.
Submitting a Proposal for Entry into the Land Registry
Proper form
The proposal for entry into the Land Registry must be submitted using a designated form. You can either fill out a pre-printed version of the form by hand or complete it electronically on the relevant website. The pre-printed form is available at any Land Registry Office, while the electronic version can be found on the website of the Czech Office for Surveying, Mapping, and Cadastre.
Where and how to fill a proper form?
We recommend using the electronic form because it is simple and intuitive to use. The electronic form also provides guidance on what to fill out and how, ensuring that you don’t forget to include any essential elements in your proposal for entry.
Always submit your proposal to the locally competent Land Registry Office, which is determined by the location of the property. You can find a complete list of all Land Registry Offices here.
Key information to include
When submitting your proposal for entry, you must always include the following:
- The name of the Land Registry Office to which the proposal is addressed.
- The identification of the participants in the entry procedure (seller/buyer).
- The exact identification of the property and the rights to be registered in the Land Registry.
- The identification of the applicants and their signatures (who is submitting the proposal).
- The identification of the entry document (the purchase agreement) and its attachment.
Administrative Fee:
The applicant must pay an administrative fee of CZK 2,000 (as of today) for the proposal to enter into the Land Registry. The seller and buyer can agree on who will cover this fee.
Why is it important to get it right?
If you make a mistake, the Land Registry will not register the rights you intend to record. Additionally, the administrative fee you pay may not be refunded if the submission is defective. Incorrect submission means you will need to create a new entry and pay an additional administrative fee. Properly submitting the proposal for entry is also crucial to fulfilling the conditions of the purchase agreement. If the conditions for registration are not repeatedly met, the other party may withdraw from the purchase agreement.
Entry document (Purchase Agreement)
You must submit the proposal for entry along with the entry document (in this case, the purchase agreement). If you do not attach the entry document, the Land Registry Office will not consider your proposal. Remember, the entry document must be the original (or a notarized copy) with notarized signatures of the contracting parties.
A Land Registry official will accept the proposal along with the entry document, stamp the proposal with the date of receipt, and assign it a case reference number.
Important dates and your case reference number
The date of submission is crucial for determining the effective date of the transfer of ownership rights to the property, as the buyer becomes the owner retrospectively from the date the proposal is received.
The case reference number is important for communication with the Land Registry Office. Additionally, this number allows you to track the status of your proposal within the Land Registry process. If any issues arise with your proposal, you will communicate with the Land Registry Office using this reference number.
No later than the day after receiving the proposal, the Land Registry will mark the change in legal relations in the registry and inform the property owner and other participants in the proceedings.
Notation of the „Plomba“ (Notice of Pending Changes)
When the Land Registry Office receives a proposal for the registration of ownership rights, it marks a change in the legal status of the property by placing a „plomba“ (a notice of pending change). This „plomba“ is noted on the property’s ownership record under the section „D – Other Entries.“ Once the „plomba“ is marked, the property cannot be freely transferred or encumbered until the Land Registry makes a decision. The Land Registry also informs any parties whose rights to the property may be limited or canceled according to the proposal.
The 20-Day Protective Period
A 20-day protective period begins, during which affected parties can submit objections or comments regarding the proposed change. During this period, the Land Registry Office does not take any action and waits for any responses from the involved parties. After this period has passed, the Land Registry will decide on the proposal for registration. Selected information about the process is published in the free application „Nahlížení do katastru nemovitostí“ (Viewing the Land Registry), where you can monitor the status of your proposal.
Examination of Documents by the Land Registry Office
During the protective period, a Land Registry official reviews the submitted documents according to the cadastral law. The official focuses particularly on:
- Correct identification of the property.
- Any errors in specifying the essential elements of the purchase agreement.
- Whether the legal actions meet the statutory requirements of form and do not infringe upon previously registered rights to the property.
However, even if the purchase agreement passes through the registration process, it does not necessarily mean it is legally flawless. The official’s review is limited in scope. If the conditions for approving the registration are met and the 20-day period has passed, the Land Registry Office will approve the registration.
Notification of Registration
The Land Registry Office will notify the parties involved that the registration has been completed. No appeal is permitted against the decision to approve the registration. If the registration is rejected, a participant may file a lawsuit within 30 days of receiving the decision to reject the registration.
Common Errors
Common mistakes include errors in identifying the property being transferred in accordance with cadastral law. Another frequent error is the omission of essential information regarding the property, leading to discrepancies between the details in the entry document and the actual proposal for registration.
Rejection of the Proposal for Registration (for Submit a proposal for entry into the Land Registry)
A common mistake is failing to respect the entries of other encumbrances that prevent the transfer of ownership. Remember that the proposal for registration must be accompanied by the appropriate entry document. The aforementioned errors are considered „irremovable defects,“ and as a result, the Land Registry will not approve the proposed registration.
Also, be aware that the administrative fee paid for the registration is non-refundable. The Land Registry should inform participants of the option to withdraw the proposal. Withdrawing the proposal is a quicker process than waiting for the Land Registry’s decision to reject the proposal because, after the rejection, a 30-day period for filing a special lawsuit under Part V of the Civil Procedure Code begins. This period cannot be shortened, and only after it has expired can a new proposal, free of the cited defects, be submitted.
Conclusion
How to Submit a Proposal for Registration? The submission of a proposal for registering newly acquired rights in the Land Registry is a process governed by clearly defined rules. One might expect it to be straightforward, but it is also very easy to make a mistake that can completely derail the process. Therefore, it is crucial to give this process the attention it deserves and ensure that nothing is overlooked.
Also, don’t forget your obligation to file a property tax return. This issue will be discussed in more detail in the next article. Need legal assistance? Give us a call (Facebook, LinkedIn či Instagram).
