Land Consolidation - conditions for obtaining authorisation

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

The present document sets forth conditions and further information for obtaining the licence to carry out land consolidation as a professional activity.

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Conditions for granting a licence

The Central Land Registry shall issue a resolution awarding authorisation to any individual who:

  • has full legal capacity
  • is a person of probity
  • has completed a university education, achieving a Master’s or Bachelor’s degree in land surveying, agriculture, forestry and land management or landscaping, or, where relevant, a university education in one of the above fields under a previous or different system of higher education, or has completed a secondary education in one of the above fields with a school-leaving exam
  • can demonstrate, as a graduate of a Master’s degree course, or as a graduate of an institution in one of the above fields under a previous or different system of higher education, at least 3 years of experience; or as a graduate of a Bachelor’s degree course and/or secondary school, at least 6 six years of experience in carrying out land consolidation design
  • has passed the professional eligibility exam

Professional Eligibility Exam

In order to take the professional eligibility exam, the applicant shall submit, by the deadline specified, proposed land consolidation designs they have drafted or made a significant contributed towards. The Central Land Registry shall obtain a report from the relevant land registry concerning the above.

The purpose of the professional eligibility exam, which is to be taken in Czech, is to verify:

  • professional expertise in the field of land consolidation design and related disciplines, in particular, land-surveying, water and forest management, area planning, transport construction, agriculture, soil protection and landscape protection and landscaping
  • familiarity with the applicable legal regulations governing the conduct of the professional activities listed above under the letter a)

As part of the review of professional eligibility, the examination may be retaken twice. A report shall be made on the examination, quoting the examination questions and the results. The report shall be signed by all members of the examination committee.

Application requirements

Application requirements:

The written request, entered onto the application form prescribed by the Ministry of Agriculture, must contain the following:

  • name and surname, academic degree, permanent residence, date of birth and birth number; where the applicant is a foreigner, their application shall contain their name and surname, date of birth, nationality and contact address; the request must be submitted in Czech
  • completed education, including the subject or field of study and/or specialisation
  • length of professional experience in land consolidation design
  • date and signature of the applicant

The application shall include:

  • an extract from the Criminal Register not older than 3 months
  • a certified copy of the document attesting to completed education
  • confirmation that the length of the applicant’s professional experience complies with the requirements; confirmation is to be issued by a person to whom official authorisation has already been granted, and under whose supervision the applicant has trained in land consolidation. Confirmation may also be issued by the land registry
  • a list of land consolidation designs the applicant has completed or contributed to (and the scope of their contribution). The applicant shall further identify which of the designs they are intending to submit as part of the examination and identify the land registry for which it was been drafted

Requirements connected to the provision of services by a provider from a different Member State

  • knowledge of Czech language (with regard to the fact that the exam must be taken in Czech as specified by the law)
  • knowledge of the various issues and problems of land consolidation and related fields in the Czech Republic (this knowledge shall be tested during the examination)

Further information on the licence proceedings

Type of licence

  • The licence shall be granted by the Central Land Registry in the form of a resolution licensing land consolidation design.

Respective authority

  • Central Land Registry, attached to the Ministry of Agriculture

Control and supervisory bodies

  • Central Land Registry

Procedure for granting a licence

  • The application shall be assessed and approved by the Central Land Registry.

Application clearing deadline

  • The legal regulation does not stipulate any time-limit for handling the request; official authorisation shall be granted immediately after passing the professional eligibility exam, i.e. on the day it is passed.

Fees

  • Issuance of official authorisation is not liable to any administrative fees

Validity period of licence

  • Official authorisation is for an unlimited period

Official authorisation will terminate:

  • if the holder of the official authorisation ceases to comply with any of the conditions under which authorisation is granted (full legal capacity and probity)
  • if the holder of the official authorisation requests in writing that authorisation be withdrawn
  • as a result of the death of the authorisation holder, or as a result of their being declared dead
  • pursuant to a resolution of the Central Land Registry to withdraw authorisation, issued after it was discovered that the authorisation holder had repeatedly breached provisions under Act No. 139/2002 Coll. in spite of a written warning delivered by the land registry

An individual from whom official authorisation has been withdrawn may be re-awarded authorisation after 3 years following the withdrawal, providing that they comply with the conditions for obtaining official authorisation pursuant to the Act.

Legal Regulation

  • Act No. 139/2002 Coll., on land consolidations and land registries and on amendment of Act No. 229/1991 Coll., on proprietary relations to land and other agricultural property, as amended (Article 18, 19 and 22 Act No. 139/2002 Coll.)

Professional liability insurance

  • No insurance is specified by the law

Related legal regulations

  • Act No. 229/1991 Coll., on proprietary relations to land and other agricultural property, as amended
  • Decree No. 545/2002 Coll., on land consolidation procedure and the requirements for land consolidation design, as amended
  • Act No. 344/1992 Coll., on the cadastre of real estate of the Czech Republic (Cadastral Act), as amended
  • Act No. 344/1992 Coll., on the cadastre of real estate of the Czech Republic (Cadastral Act), as amended
  • Decree No. 13/1994 Coll., regulating certain details concerning the protection of the agricultural land fund
  • Act No. 265/1992 Coll., on entries of ownership and other substantive rights to real estate, as amended
  • Decree No. 546/2002 Coll., amending Decree No. 327/1998 Coll., establishing the characteristics of ecological units with enhanced-quality soil and procedures applying to their registration and updating
  • Decree No. 190/1996 Coll., implementing Act No. 265/1992 Coll., on entries of ownership and other substantive rights to real estate
  • Decree No. 540/2002 Coll., implementing certain provisions of Act No. 151/1997 Coll., on property valuation and the amendment of certain Acts
  • Act No. 114/1992 Coll., on the protection of nature and landscape, as amended
  • Act No. 254/2001 Coll., on water and amendments of certain related Acts (Water Act), as amended
  • Act No. 289/1995 Coll., on forests and amendments to some Acts (Forestry Act), as amended
  • Act No. 100/2001 Coll., on assessment of environmental impacts and amendments of certain related Acts (Environmental Impact Assessment Act), as amended
  • Act No. 183/2006 Coll., on town planning and the building code

Current Community regulations

Land adjustment as a field of support are given in the following European regulations:

  • Regulation (ES) No. 1257/1999, on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations; Article 33
  • Council Regulation (EC) No. 1698/2005, on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), axis I., article 30

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