The amendment of Act No. 162/1995 Coll. on Cadastral Register and registry of ownership and other rights to real estate (Cadastral Act) as amended (hereinafter referred to as "Amendment") will come into force on 1.10.2018. The main aim of the Amendment is the enhancement of electronic services of state, an improved effectiveness and swift process of real estate registration and the prevention of duplicate ownership cases in the Cadastral Register. The Amendment shall therefore contribute to the general enhancement of the Cadastral Register operation.
The Amendment in section 24 uniformly determines the essentials of each application for the commencement of Cadastral proceedings (hereinafter referred to as "Application"). Conversely, previous wordings of the Cadastral Act along with the essentials of the Application are defined in more detail. The subject matter of an application for such registration shall contain all legal acts, which are included in a contract and which are subject to registration with the Cadastral Register.
Another change has been made in the delivery, which consists of a definition of a fiction of delivery. Writings may be delivered through a notice published at a board and on a web site of a District Office, in cases where a natural person may not have an address listed in the Registry of residents of the Slovak republic and does not provide a delivery address in the Application. Additionally, 15 days after the publication of this notice, the writing will be deemed as delivered even without the recipient's knowledge.
The Amendment also regulates annexes to Applications differently. Together, with the application for registration it will be necessary to submit an affidavit of requirements satisfaction pursuant to section 59(a) of the Commercial Code (i.e. expert's opinion evaluation of property, in case the company purchased this property from its founder or its partner for a consideration amounting to at least 10% of registered capital) or an affidavit, that a company is not a subject of these requirements, authorization of a legal entity granted to its employee to file the application for registration, documents bearing evidence value. Conversely, the Geometric Plan will no longer be required. Annexes to application for record are public acts or other acts confirming the right to real estate (this does not apply in the event of a legal pledge), identification of a plot of land provided that the ownership right is not listed on the Ownership Certificate and other documents bearing evidence value.
The Amendment introduces in section 36(a), a way of solving cases when a judgement on right in rem assignation is not binding for a person registered on an Ownership Certificate as a result of a legal change. For instance, in cases when it is not possible to execute a registration with the Cadastral Register as during judicial proceedings on ownership right assignation, third party acquired ownership right to real estate (for instance through the institute of Adverse possession) and this was registered with the Cadastral Register. Under given circumstances, the Cadastral Register will not proceed with the registration, but as a note on the issue of judgement which shall be added to the Ownership Certificate for a duration of 2 months. The Cadastral Register shall also notify the party entitled from the judgement to file an action on assignation of right to real estate. During this time period, no rights shall be registered with the Cadastral Register.
Modification also happens in registration periods, in particular, a period of 5 labour days from the commencement of the pledge clearance proceeding.
The Amendment will also affect the content of the Cadastral Register; not only for agricultural and forest lands, but the price of all real estate will be registered with The Cadastral Register.
The new institute will be a real estate list, which will include all real estates with respect to legal relations of one person (owner, pledgee, leaseholder) located in the Slovak republic, in one region, district or cadastral area. It will no longer be necessary to turn to individual District Offices for the Ownership Certificate.
The Amendment will also affect for instance, the scope of Geodesy, Cartography and Cadaster Authority of Slovak Republic, requirements for registry of real estate as defined in section 46, the definition of the other entitled person and correction clause, through which it will no longer be possible to correct mistakes in writing, counting and other obvious errors of a contract after the application for registration has been executed.