Jak udělat parcelizaci pozemku

Before You Begin: Strategic Preparation and Compliance with the Zoning Plan

A zoning plan is not merely a regulatory restriction; it is a strategic document that defines the economic potential of your land. It determines whether the land can be subdivided and subsequently built upon at all, but above all, it specifies the key parameters for future construction. These include, for example, the building coverage ratio, maximum building height, type of permitted development (e.g., residential, commercial), or the minimum size of newly created parcels.

A careful study of this document can reveal not only opportunities but also hidden risks. You might discover that a motorway, an industrial zone, or, conversely, a park is planned in the vicinity, which will fundamentally affect the value of your future parcels.

A legal analysis of the zoning plan, which we at ARROWS routinely conduct, will give you a clear picture of your land's real potential and protect you from costly mistakes. Need legal assistance? Contact us at consultation@arws.cz.

Practical Verification and Change Options

Zoning plans are publicly available on the websites of the respective municipalities or at the zoning planning offices, which are part of municipalities with extended powers. Even before investing in an expensive surveyor's plan, we recommend a preliminary consultation at the locally competent building authority. With a simple sketch of the intended subdivision, you can get valuable feedback and prevent future complications.

What if your plan does not comply with the current zoning plan? It is possible to submit an initiative for its amendment. However, it is necessary to realise that this is a very lengthy and politically sensitive process with an uncertain outcome, to which there is no legal entitlement. For this reason, it is crucial to have an expert assessment of the current situation carried out before acquiring the land.

It is also important to be aware of a crucial legal nuance: a final decision on land parcelling does not in itself create a so-called legitimate expectation that it will be possible to build on the newly created parcels in the future. This right only arises upon the issuance of a final zoning decision on the location of a structure. Parcelling is therefore only the first step and must be part of a broader, well-thought-out strategy that our Prague-based legal team can help you establish.

The Key Step: Securing Access to New Parcels

One of the most common reasons for rejecting a land parcelling application is inadequately secured access to the newly created parcels. This aspect is not a mere technical detail but a fundamental element that determines the legal existence, value, and usability of each new parcel. Legally unsecured access makes the land practically unsellable and unfinanceable for banking institutions.

Legal Requirement and Simplification Thanks to the New Building Act

The Building Act (Act No. 283/2021 Coll.) and its implementing regulations clearly state that every plot of land must have transport access to a publicly accessible road. This requirement must be met and documented in the application submitted to the building authority.

Older legislation and case law often insisted on direct connection, which in many cases complicated or completely prevented the subdivision of land that was not located directly next to a municipal road. The new Building Act has brought a fundamental and positive change – it explicitly allows access to be secured through an easement over another person's land or across another plot of land owned by the same owner. This significantly increases flexibility and opens up new opportunities for developers and owners.

Easement (Right of Way) in Practice

The most common way to secure access across another's land is by establishing an easement, specifically a right of way for passage and travel. This is the right of one person (the owner of the new parcel) to use the land of another person (the neighbour) for the purpose of passage and transit. This right is established by a written contract, which must then be registered in the Land Registry.

Registration in the Land Registry is crucial because the easement is tied to the land, not to the person of the owner. It therefore remains in effect even after the land is sold, providing lasting legal certainty. If an agreement cannot be reached with the neighbour, it is possible to petition the court to establish a so-called necessary right of way. However, the court will only grant such a request in justified cases and for financial compensation.

At ARROWS, we have extensive experience in preparing easement agreements and negotiating with neighbours. We are ready to ensure that access to your new land plots is legally watertight.

Strategic Planning and Preparation

Several key risks lurk in the initial phase of the project, and underestimating them can lead to fatal consequences for your investment. The following table summarises the most common problems and shows how we at ARROWS can help you manage them effectively.

Dealing with the Building Authority: From Application to Permit

The process at the building authority is not a passive wait for a stamp, but an active administrative proceeding that requires precise preparation and often proactive communication. Any formal error can mean a delay of several months.

Submitting the Application and Necessary Attachments

The first formal step is to submit an "Application for a Permit for Land Parcelling or Consolidation" to the locally competent building authority. The official form is specified in Annex No. 6 of Decree No. 149/2024 Coll. The application can be submitted using modern methods, such as via the Builder's Portal or a data box.

The key to success is complete and flawless documentation. The following must be attached to the application:

• Consent of all co-owners: If the land is owned by more than one person, their written consent is required, ideally marked directly on the site plan. Without the consent of all, the proceedings cannot be successfully completed.

• Site plan: A copy of the cadastral map showing the proposed subdivision, parcel numbers, and indicating access to all new plots of land.

• Power of attorney: If a legal representative is representing you in the proceedings.

• Opinions of affected authorities: Depending on the nature of the land, opinions from the environmental protection authority, heritage preservation authority, state forest administration, and others may be required.

Our Prague-based lawyers at ARROWS can handle the complete preparation and compilation of all documentation, saving you time and minimising the risk of formal errors.

Course of the Proceedings and Possible Outcomes

After the application is submitted, the building authority will initiate a zoning proceeding. The result can be either a full-fledged zoning decision or a simplified consent notice. The zoning decision may set specific conditions for the subdivision, such as the technical parameters of the access road. A consent notice is issued in simpler cases where there are no obstacles and no need to set further conditions.

The building authority has statutory deadlines for issuing a decision, which are usually around 30 days, but can be extended for more complex proceedings. An administrative fee of CZK 1,000 is charged for issuing the permit. During the proceedings, affected parties, typically owners of neighbouring plots, can also raise objections.

The Role of the Surveyor and the Surveyor's Plan

While lawyers and authorities define the legal framework, the surveyor and the surveyor's plan (GP) they create represent the technical foundation that turns the intention into reality. The surveyor's plan is an essential bridge between the physical state on the ground and its legal record in the Land Registry. Without its technical precision, no changes can be validly registered.

What is a Surveyor's Plan and How is it Created?

A surveyor's plan is a technical document that graphically and numerically represents the proposed change – in this case, the new land boundaries, their new parcel numbers, and precise areas. It can only be prepared by an officially authorised surveying engineer (surveyor).

The process of its creation begins only after obtaining consent from the building authority. The surveyor first carries out a survey and marks out the new boundaries directly on the ground. Subsequently, they prepare the plan itself, which must be verified with their authorisation stamp. The final step before it can be used in the Land Registry proceeding is the confirmation of the plan by the relevant Land Registry office, which verifies its compliance with the cadastral documentation. It is important to realise that this confirmation does not yet mean the registration of the change in the Land Registry; it only confirms the technical eligibility of the plan for this registration.

Costs and Recommendations

The cost of preparing a surveyor's plan varies depending on the complexity, size of the land, and region, but usually ranges from CZK 5,000 to CZK 10,000 and more. The entire process from the survey to the final confirmed plan typically takes several weeks.

Administrative Process and Documentation

The administrative phase is full of formal requirements where even a small mistake can cause a major delay. This table identifies the most common procedural risks and shows how ARROWS ensures their prevention and resolution.

The Finale: Registration in the Land Registry

The final step that completes the entire parcelling process and legally creates the new plots of land is the registration in the Land Registry. The Land Registry proceeding is highly formalistic and does not forgive mistakes. Precise preparation of the documents is absolutely essential here.

Two Registration Scenarios: With and Without a Change of Ownership

A legislative change in 2018 brought a significant strategic advantage: the ability to subdivide land without simultaneously changing its owner. This allows developers and investors to prepare and enhance the value of land for future sale or development without needing a specific buyer at that moment.

There are therefore two basic registration scenarios:

1. Subdivision without a change of owner: If you remain the owner of all newly created parcels, a so-called registration of other data is performed. A "Notification of Change in Land Data" form is submitted along with the surveyor's plan and the building authority's consent. This action is exempt from an administrative fee.

2. Subdivision with a change of owner: If you immediately sell, donate, or otherwise transfer a newly created parcel, a registration of ownership right is performed. An "Application for Registration" is submitted, and its integral parts are the registration deed (e.g., a purchase agreement), the surveyor's plan, and the building authority's consent. This action is subject to an administrative fee of CZK 2,000.

Course of the Proceeding at the Land Registry Office

After submitting the application for registration, the Land Registry office will mark the affected title deed with a so-called "plomba" (seal), which signals an ongoing proceeding. A 20-day protection period then begins, during which the office informs the parties to the proceeding and gives them the opportunity to comment on the application. If the application and all attachments are in order, the Land Registry office will approve the registration, usually within 30 days of the application's submission.

Any formal error in the application or the attached documents (e.g., a missing officially certified signature, incorrect property specification) will lead to the rejection of the application. This means not only the loss of the administrative fee but, above all, a delay of the entire project by several more months. At ARROWS, we ensure the preparation and submission of a flawless registration application, thereby guaranteeing that the process will run smoothly and succeed on the first attempt. Do not hesitate to contact our firm.

International Dimension: Land Parcelling for Foreign Investors

The Czech real estate market is also attractive to foreign investors. Although the parcelling process for foreign entities is essentially the same as for domestic ones, there are specifics that require an experienced legal partner with an international reach.

Problems can arise in the service of official documents abroad, the need to provide documents with apostilles or superlegalisation, and especially the language barrier when dealing with authorities. A foreign investor also needs a partner who not only understands local Czech law but can also place it in the context of international tax and corporate structures.

Thanks to our ARROWS International network, built over ten years, and our daily practice with cases involving an international element, we are the ideal partner for foreign clients. We provide comprehensive services in several world languages, handle all communication with authorities, and can also efficiently arrange a service address in the Czech Republic for our clients. Our lawyers are ready to help you.

Conclusion: Land Parcelling as an Investment Opportunity with ARROWS

Land parcelling is a complex process that combines elements of zoning planning, administrative law, technical standards, and land registry regulations. As we have shown, however, with the right strategic and legal approach, it becomes a highly effective tool for enhancing the value of real estate and maximising investment potential.

At ARROWS, we have long specialised in real estate law. Our experience from providing legal services to more than 150 joint-stock companies, 250 limited liability companies, and 51 municipalities and regions gives us a unique insight into the issues and the ability to handle even the largest development projects. We pride ourselves on speed, precision, and the high quality of the services provided. We are not just executors of individual tasks, but strategic partners who will guide you through the entire process from A to Z. Moreover, we are happy to connect our clients if we see interesting business or investment synergies.

Our experts will provide you with comprehensive advice not only on land subdivision but also in related areas such as development and construction law. You can find more about this service on our website.

Are you planning a land subdivision and want to ensure a smooth process and the maximum appreciation of your investment? Contact our team of real estate law specialists.