It depends on what the survey plan is intended to achieve. The plan itself is a technical document and recording it does not change rights. However, if it creates a new parcel from parts subject to different legal interests, it can be recorded only together with registration of ownership of all those parts. A legal act is then needed, and all co-owners are jointly and severally entitled and bound by legal acts concerning the jointly owned property.
The question looks simple, but the answer depends on why the plan is being prepared. Surveying a building, separating part of a plot for a buyer and marking the extent of an easement are three different situations, each requiring different cooperation from the other co-owners.
A survey plan alone does not change rights
The plan is a technical document. It serves as a basis for legal acts if the data describing the existing state match the current cadastral data (Section 45(4) of Decree No. 461/2009 Coll.). A change to cadastral data that does not affect the creation, alteration or extinction of rights to property is made at the request of the owner or another entitled person, or on the district office’s initiative (Section 43(1)).
The entry itself is also a matter of record-keeping. An entry by record (záznam) serves evidential functions and does not affect the creation, alteration or extinction of rights (Section 5(2) of the Cadastral Act). This is the source of the widespread belief that a plan does not require the involvement of anyone who disagrees with it.
Where the position changes
The decree contains a rule limiting that understanding:
If a new or altered parcel in a survey plan is formed from parts of parcels subject to different legal interests, that survey plan may be recorded in the Land Register only together with registration of ownership rights to all parts of the new or altered parcel.
— Section 46(3) of Decree No. 461/2009 Coll. (unofficial translation)
If the plan merely surveys a building or refines the existing record, the change is evidential. If it creates a new parcel from parts belonging to different owners or otherwise differing in legal status, the plan cannot be recorded on its own. It is recorded together with the rights, which means there must be a legal act creating or altering those rights.
What this means for co-owners
The Civil Code distinguishes two situations, and land subdivision usually falls within the first:
All co-owners are jointly and severally entitled and bound by legal acts concerning the jointly owned property.
— Section 139(1) of the Civil Code (unofficial translation)
Decisions on management of jointly owned property are taken by a majority calculated by share size; where votes are equal or no majority or agreement is reached, the court decides on the application of any co-owner (Section 139(2)). If an important change to the jointly owned property is involved, outvoted co-owners may ask the court to decide (Section 139(3)).
In practice, a majority decision is sufficient for management, but a legal act changing ownership requires all co-owners. The boundary between management and disposal is not always clear, and in land subdivision it is often precisely what is disputed.
Another frequently overlooked obligation
Before surveying work, the owner or another entitled person marks the turning points of the boundaries to be changed, unless they are already marked (Section 46(1)). If the turning points of a newly determined or altered boundary are not permanently marked, the owner must mark them within 30 days of receiving the decision authorising registration or notice of the entry by record (Section 46(2)). Corners of walls, masonry fences and buildings also count as boundary markers if they identify the boundary unambiguously on the ground (Section 44(3)).
How to approach it
- Clarify the plan’s purpose first. Surveying a building, separating part for sale and marking an easement each require different cooperation from others.
- If land is to be divided and sold, deal with the legal act and the plan together. A transfer of a co-ownership share also brings in the right of pre-emption under Section 140 of the Civil Code; we discuss this in must I approach the other co-owners before selling my share?.
- Urbarial land is subject to a special regime. Common property is divided by a resolution of the assembly, not an agreement between individuals; see an investor wants to buy land from a land community.
- If the co-owners cannot agree at all, it is often more effective to address settlement of co-ownership directly than to spend months arguing over a single plan.
How we can help
We assess whether your project requires a legal act or only a change to the record, and prepare the documents accordingly. We do this through land subdivision and consolidation, working with a surveyor so the plan and agreement are prepared together. We file applications as part of preparing agreements and registration applications. Where relations between co-owners have been intractable for a long time, settlement of co-ownership is often a better economic solution.
The practice of individual cadastral departments differs in borderline cases, so it is worth checking which documents are required before instructing the surveyor.
This answer provides general information on the law as at 16 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
