Autor: Marta Koprdová, Authority of Geodesy and Carthography

of Slovak Republic

Real Estate Cadastre in Slovakia

Real estate Cadastre in the Slovak republic is regulated by Act No 162/1995

Coll.of the National Council of the Slovak republic on real estate cadastre and
registration of ownership and other titles to real estate (Cadastre Act) as amended.
Pursuant to this Act cadastral authorities and cadastral administrations are entrusted
with execution of state administration as the first-degree body of state administration
and Geodesy, Cartography and Cadastre authority of the Slovak republic as the
appellate authority.
The first amendment of Cadastre act, the Act of the Slovak National Council
No 222/1996 Coll., on Organisation of Local State Administration and on Change and
Amendment of some acts appointed cadastral administration offices of regional
authorities and cadastral administration offices of district authorities to act as local
state cadastre authorities. This change in the organizational structure neither
contributed to an increase in functionality of execution of state administration in real
estate cadastre nor improved the situation in funding these state activities. On the
contrary, managerial procedures have changed for the worse because methodical
management broke away from economic and personnel management.
On 1 January 2002 the second amendment of Cadastre Act , Act No 255/2001
Coll. came into force based on which administrative bodies of Cadastre were exempt
from the system of bodies of general state administration and specialized bodies of
local state administration were established which are cadastral authorities and
cadastral administration offices. At present there are 8 cadastral authorities and 72
cadastral administration offices established by law. Cadastral authority is established
in the wards of regions and is the appellate body in cadastral proceedings unless
stipulated otherwise by law. Cadastre authority is established in the wards of regions
(with the exception of Cadastre authority for the capital city of the Slovak republic
and cadastral office in Košice) and acts as a first administrative body. Thus, pursuant
to legal regulations cadastre authority was again entrusted with decision making
regarding the fulfilment of tangible and legal conditions of a change and termination
of ownership and other rights to real estate property (decision-making concerning the
permission of constitutive registration of the title).
 In accordance with the requirements arising from application experience and
the necessity to modify some provisions of Cadastre Act to comply with changes in
the Civil law and commercial law as well as other related branches of law, some
further provisions of Cadastre act were also amended. The latest amendment of
Cadastre act No 173/2004 Coll. has brought the principle of publicity of real estate
cadastre into compliance with legal regulations for the protection of owners personal
data. The principle of publicity of real estate cadastre means that cadastral records
are open or accessible to everyone to look into them and make copies, extracts or
sketches while personal data of owners are protected.
Real estate cadastre is a geometrical definition, a list and a description of real
estates. Part of the cadastre is constituted by the data on the titles to these real
estates, i.e. ownership right, mortgage, easement, the right corresponding to easement
and pre-emptive right if it should have the effects of the right in rem and other rights
and obligations of easement if they were established as the rights to real estates as
well as rights arising from administration of state property, administration of
community property, leasehold rights to land parcels if leaseholds last or shall last for
at least five years.
The Cadastre law regulates the role of the Real estate Cadastre as a registration
tool to fulfil the functions of the state aimed at protecting legal titles to immovable
properties and utalization and protection of real estates. Real estate cadastre is a state
information centre dealing with immovable property and the right in rem to this
property.

Constitutive registration of the title to real estate with real estate cadastre

Ownership and other rights to immovable property are registered by

constitutive registration with the Real estate cadastre and take the form of a
registration of ownership rights in the Cadastre, a record of the title to property in the
Cadastre or a note about the title to the property in the Cadastre. Registrations of
rights to immovable property have constitutive, registration and preliminary effects.
Constitutive principle lies therein that ownership rights and other rights to immovable
property arising from contracts, agreements and notes of constitutive registration of
real estate into the property of legal entities arise, are modified or terminate on the day
of its registration with the cadastre with legal effects as of the day of lawful decision
of the state administration body of real estate cadastre on its permission.
Legal effects of the constitutive registration in transfer of state property
pursuant to Act No 92/1991 Coll.in conditions of transfer of state property to other
persons as amended arise from the lawful decision on its permission as of the day of
the proposal for its registration. The Cadastre law especially regulates effectiveness of
the decision on the proposal for constitutive registration of the right arising from
contracts for transfer of apartments and non-residential premises from original owner
to the tenant, i.e. in the first transfer of apartments or non-residential premises
pursuant to Act No 182/1993 Coll. on ownership of apartments and non-residential
premises as amended by later provisions. In cases, when ownership rights of
apartments and non-residential premises are transferred, the principal of regressive
legal effects of registration is applicable with legal effects as of the day when the
proposal for this registration is submitted. These legal regulations provided for legal
security of parties involved especially from the point of view of non-uniform
definition of transfer of leasehold rights in the case when selling the apartment or
decease of the apartment tenant is the subject of legal proceedings.
Proceedings concerning permission of constitutive registration of the right are
proposal proceedings. Cadastre act in contrast to Administration procedure Code
regulates the term “participant in proceeding ”. A participant of the proceeding is a
participant of the legal act based on which the ownership right to property shall arise,
be modified or terminate. Participants of the proceeding or one of them submit
proposal for the entry. Contents of the proposal are specified in Cadastre act and state
that administration body of the cadastre is bound by the proposal. If the contract
includes more legal acts, all legal relations arising from these legal acts shall be
specified in the proposal.
Administrative body of the cadastre examines the validity of a contract,
agreement and especially if transferors are entitled to dispose of property from the
point of view of their title to the property and from the point of view of eligibility for
legal acts at the time of the act, trustworthiness of manifestation of will, effectiveness
and clarity of manifestation of the will by the participants of the proceeding as well as
real estate property, next also restrictions of the right to dispose of the property and
other tangible and legal conditions of the validity of a legal act. In making a decision
concerning permission for entry of the right into the Real estate cadastre Cadastral
authority takes factual and legal issues into consideration which could have effects on
permission of constitutive registration of the right with real estate cadastre (e.g.
restrictions pursuant to the Act on Administration of taxes and imposts, according to
the Execution order or Act on Bankruptcy and composition). There is no legal remedy
against the decision on permission of constitutive registration, neither renewal of the
proceeding is permissible, re-examination of the decision otherwise than in appellate
procedure.

Decision on permission for constitutive registration of the right with real estate
cadastre is a magisterial act of the state administration body, which has constitutive
effects in the field of rights to immovables. Establishment of an ownership right to
the real estate pursuant to § 133 section 2 of the Civil Code is completed by the
decision on permission for constitutive registration. Termination of ownership right
registered with real estate cadastre falls within jurisdiction of a court. It is important
to respect the principle of irrevocability of the ownership (except expropriation in
public interest based on the law and for compensation) guaranteed by the Constitution
of the Slovak republic.
As soon as the decision on permission of constitutive registration comes into
force as of the day of its approval, the administrative body can make no decisions
about the ownership as such. The ownership right, its arisal, modification or
termination, its contents and execution, fall within the sector of private law.
Lawmaker has explicitly entrusted the body of state administration with decision-
making on permission of constitutive registration of title with real estate cadastre.
Permission of constitutive registration is an act of the body of state administration
with constitutive effects on its arisal, modification or termination of rights to property.
However, lawmaker has not expressiblly regulated authorisation of the body of state
administration to cancel the decision on permission of constitutive registration as well
as the effects of this act. Annulment of the decision on permission of constitutive
registration is not only a procedural decision but also a decision by means of which
the administrative organ affects the ownership right of the assignee arisen by
constitutive registration with the cadastre. Authoritative decision on termination of the
ownership right falls under cognisance of an independent court.
 Employees who decide on the proposal for constitutive registration of the right
with real estate cadastre must have special qualifications. To provide professional
competence in decision-making process higher education is required. Cadastre law
defines professional competence as a complex of theoretical knowledge, practical
experience as well as knowledge of generally binding legal provisions and other
provisions regulating the field of real estate cadastre as well others related to real
estate cadastre.

Entry of the right into real estate by a note

Ownership right and other rights to real estate which arise, are modified or
terminated based on the law, by decision of a state body, by end of bidding
confirmation by an auctioneer in public auction, by way of bona fide possession rules,
addition and processing as well as right arising from administration of state property
or from administration of community property, title to real estate certified by the
notary and title to real estate arising from contracts on lease of land are recorded in
the cadastre in the form of a note, i.e. based on public deeds and other deeds. Code of
Administrative procedure does not apply to the entry by a note.
Cadastre authority carries out the registration of ownership and other rights to
the property in the cadastre by a note without a proposal based on public deeds and
other deeds.
The Cadastre authority carries out the record of the ownership right and other
rights to real estate into the cadastre by a note without proposal based on public deeds
and other deeds confirming or certifying the title to real estate which state bodies,
notaries or other bodies issuing deeds for real estate or rights to real estate send to the
cadastre authority. In the case that these bodies fail to fulfil their obligation to send a
public deed or other deed to the Cadastre authority or if the title to real estate arises
from the law, the law allows the owner or other entitled person to submit a proposal
for the record.
One of the most numerous public deeds submitted for entry into the real estate
cadastre by a note is the notarial certificate acknowledging bona fide possession rules
to real estate or certificate of bona fide of possession rules from real burden. The
amendment of Notary Code has made conditions for issuing certificates on bona fide
possession rules more restrictive.
The Cadastre law regulates the procedure of the state administrative body of
cadastre in cases when more than one public or other deeds are submitted for
registration in the form of a note which relate to the same real estate for the benefit of
another person, the state administrative body of cadastre will not carry out registration
in the form of a note. The state administrative body of cadastre will always execute a
note provided the public deed is the final judgement of the court on the title to real
estate.
At the same time the Cadastre law imposes an obligation on the state
administrative body of cadastre to send a notice of registration of title to real estate in
real estate cadastre to all entities whose rights have been affected by the change,
including those whose right terminated as a result of registration of the public deed by
a note. It is an essential step in strengthening legal certainty of owners because
according to the previous legal regulations cadastre authority was obliged to send the
notice only to those owners who acquired the title.
Special regulations apply to the procedure of the administrative body used for
registration of a public deed, which is a judgement of invalidity of a legal act based on
court’s verdict, the administrative body of the cadastre will not register such a deed, if
the title to real estate was affected by another legal change. In this case it is possible
to restore the legal status only by court ruling pursuant to § 80 section c) of Civil
Court Procedure.

Entry of a note

Entry of a note is a prenotation and has preliminary effects. The latest

amendment of the Cadastre law defines a note and its legal consequences. A note
conveys facts related to the rights to real estate or real estates. Considering the effects
in practice we distinguish two types of notes, i.e. informative and limiting.
Informative notes inform third parties about these facts and in the proceeding
concerning permission of the constitutive registration of the ownership right with the
real estate cadastre have no legal consequences. Informative notes are, for example,
initiation of expropriation procedure, initiation of execution by sale of property.
 Limiting notes express restriction of the owner or other entitled person to
dispose of the real estate and have certain legal effects in the proceeding concerning
permission of entry of the ownership right into real estate cadastre being the reason
why the proposal for constitutive registration is denied due to limitation of the
owner’s power to dispose of the property. Limiting notes are, for example, initiation
of the proceedings about execution of judgment by sale of property, declaration of
insolvency against the owner of the property, a performable court decision on a
preliminary measure applied to prohibition to dispose of real estate, warrant of
execution to sell the property.

Subject of registration in the cadastre

Real estate cadastre records real estates, rights to real estates as well as other
facts dealing with rights to real estates.
Land, buildings, apartments and other non-residential premises are registered
as a subject of civil law relations. In the cadastre there are also registered protected
parts of nature and the country, cultural monuments etc.
The amendment of the law has extended the variety of objects registered in the
real estate cadastre by buildings, residential and non-residential premises under
construction and registration of ownership right to them. This registration will enable
to provide real estate credits (mortgage) which would fund their construction or
completion.
The Cadastre law determines that rights to buildings, residential and non-
residential premises, which arise, based on a contract on construction, building and
extension of the house by builders.

Conclusion

The Cadastre law plays an important role of the state information system of
real estate cadastre based on strengthening the legal certainty of natural persons and
legal entities which is inseparably connected with formation of the state of law as well
as in applying informative tasks of the cadastre in the development of market
mechanism which has also contributed to the entry of the Slovak republic into the
European union.