HW Legal
How to Sell or Gift Part of Your Land
A practical guide to dividing a land parcel and transferring part of it. Step-by-step explanation and practical tips.
Would you like to sell part of your land? Exchange part of your land for part of your neighbour's land? Or divide your land among your children? These situations arise frequently in practice. What is the procedure for subdividing land?
Land or parcel?
A land plot is a portion of the Earth's surface separated from neighbouring areas, typically by ownership boundaries. Land plots are recorded in the Land Register as cadastral parcels.
A cadastral parcel is a land plot that is geometrically and spatially defined, shown on the cadastral map, and identified by a parcel number.
A single land plot may consist of multiple cadastral parcels. Therefore, when dealing with land transfers, the relevant issue is the cadastral parcels and their parcel numbers.
How do you sell, gift, or exchange part of a land plot?
First, check the Land Register to determine whether your land consists of one or several cadastral parcels.
If there are multiple parcels, they can usually be transferred individually without subdivision.
If there is only one parcel and you wish to transfer only part of it to another person, you must first subdivide the parcel.
Subdivision of land is approved by the building authority in land-use proceedings. You must have a legitimate reason for the subdivision, which the authority will assess. In particular, it will examine whether the newly created parcel is of a size, location, and configuration that allows it to be used for its intended purpose and whether it will have access to a public road.
The authority will also consider other relevant factors.
Subdivision of land – where to start?
Unless you are already represented by an experienced lawyer, it is often helpful to visit the building authority before submitting your application and discuss the proposed subdivision with the relevant officials.
They may provide a non-binding preliminary assessment of whether the proposal is likely to be approved.
Application for a land subdivision decision
Complete the official application form for a land subdivision decision. The form is available on the website of the Czech Ministry for Regional Development.
In the application, you should describe:
- how the land will be divided;
- the area of the newly created parcels; and
- the reasons for the subdivision.
You must also attach all supporting documents listed in Part B of the application form.
Draft geometric plan
In particular, you will need to submit a draft geometric plan.
At this stage, it is sufficient to print the relevant section of the cadastral map, mark the proposed new boundaries in red, indicate the approximate dimensions of the new parcels, label them, and show how each new parcel will access a public road.
Opinions of affected authorities
You may also need binding opinions from relevant public authorities, such as nature and landscape protection authorities.
Consent of co-owners
If the land is owned by multiple co-owners, all co-owners must consent to the subdivision.
The application and all supporting documents must be submitted to the competent building authority.
Decision of the building authority – how long does it take and what is the fee?
In straightforward cases, the building authority should decide within 60 days.
In particularly complex cases, the decision period may be extended to a maximum of 90 days.
The administrative fee is CZK 1,000.
The authority may:
- approve the application;
- approve it subject to conditions concerning the subdivision and determination of new boundaries; or
- reject the application, for example where the subdivision would adversely affect neighbouring landowners or the public interest.
Certain categories of land are subject to additional requirements.
For example, if subdivision of forest land would reduce the area of a parcel below one hectare, the consent of the forestry authority is required. Such consent will not be granted if the size or shape of the resulting parcel would prevent proper forest management.
What should you look for in the subdivision decision?
The building authority's decision contains several important details, including:
- the parcel numbers of the new parcels;
- the determination of the new boundaries;
- access from each parcel to a public road; and
- a graphical annex showing the approved subdivision on a map.
These details will subsequently serve as the basis for the preparation of the final geometric plan and the registration of the changes in the Land Register.