Land type and land use
The land register category of a parcel, e.g. arable land, garden, built-up area or other area, refined by a land-use code.
The land type (druh pozemku) is a land register entry that tells you which category a parcel belongs to. The Cadastral Act distinguishes ten land types (Section 3(2)): arable land, hop garden, vineyard, garden, orchard, permanent grassland, forest land, water area, built-up area and courtyard and other area. The first six are agricultural land. A land-use code refines the type, for example greenery, other road, shared courtyard or demolition site.
How to read it
The definition of each type and the list of land uses are in the annex to Decree No. 357/2013 Coll. A garden, for example, is defined among other things as land functionally linked to a building where lawn with ornamental planting prevails.
What it means
- Agricultural land types (arable land, hop garden, vineyard, garden, orchard, permanent grassland) belong to the protected agricultural land fund (ZPF). Taking such land out of the fund for non-agricultural use, such as building, generally requires consent from the farmland protection authority, with only narrow exceptions (Section 9 of Act No. 334/1992 Coll.).
- Land type and land use determine the tax group for Czech real estate tax. Since 2024, for example, other areas are split into three groups by land use, and barren land, wetland, balks, slopes or greenery are taxed at a lower rate than the rest (Sections 5a and 6 of Act No. 338/1992 Coll.).
- For agricultural land, the register also keeps the soil quality code (BPEJ) for tax purposes.
What to watch out for
The land type says how the land is recorded, not what may be built on it. That is set by the zoning plan and the building permit. If the record does not match reality, such as a garden recorded as arable land or a house on land recorded as garden, ask the agent or the seller.
Frequently asked questions
Why is the garden by the house recorded as arable land?
The land type does not change by itself. A change is entered on the basis of documents, so the record may lag behind actual use, even though owners are required to report changes.
Is a garden always a separate parcel?
Not always. Under the Decree, lawns and ornamental planting that serve the building can be part of the courtyard on a building parcel. A larger garden is usually a separate parcel recorded as garden.
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The explanation is general and informative, not legal advice. Binding are the land register, the zoning plan and other official sources.