New Civil code changes principle
From the beginning of 2014 new Civil code will be brought into effect. It brings variety of changes and it will influence lives of all citizens in the country. New Civil code will also have a great influence in the real estate area. It brings crucial change in a viewing of property and land on which it stands. Due to this quota it will come to tying together both. This, in our republic, has been changed since 1950.
In 1950 new Civil code came into effect. It distinguished between a property and land on which the building was standing. Therefore in these days it can happen, that the owner of a building is not an owner of the land on which the building sits. This can cause many problems and pursuits. At the same time in the rest of the Europe the binding of land and building is entirely common.
New Civil code now bring principle “Superficies solo sedit” which means that surface gives way to soil. Everything that is built on the land is tied to the land under. This principle originates from ancient Roman law. It was formulated by roman lawyer Gaius. Our law therefore returns to the traditional law. The fact, that the land owner was often different of the building owner was typical for socialism.
What will be the particular changes? It is necessary anticipate concerns, that the property owners who do not own the land under it would lose their building. Also the land owners do not have to fear. After January 2014 the owners can be different, but the law deals with the future through right of refusal.
If the land or building owner is interested in selling the property, it is necessary to first call on another owner. This should gradually lead to unification of the ownership of the land and buildings standing on it. If a new building will be built it will be necessary to build it on the land of the building owner. Otherwise the building will not be filed into the land register.
The new Civil code is mostly welcomed by the experts from the real estate. Problems will probably occur in cases of buying in bulk. In the case when someone wants to buy more than one property at a time, and there will be one building on land of other owner, the purchase can be jeopardized.