These are three types of cadastral entry with very different effects. Constitutive registration creates, changes or terminates a property right, based on an agreement and only on application. A declaratory record merely records an existing right, based on a public document such as an inheritance certificate or judgment. A note records a fact concerning the property, rather than a right, such as enforcement or a court dispute.
What effects do these three entries have?
Property rights are entered in the cadastre by constitutive registration, a declaratory record or a note (Section 4(1) of the Cadastral Act, No. 162/1995 Coll.). These are not three names for the same thing. The law assigns different effects to them: constitutive, recording or provisional effects (Section 4(3)).
- Constitutive registration (vklad) is the act by which a property right arises, changes or ends (Section 5(1)). Only through it does the buyer become the owner or the bank a secured creditor.
- A declaratory record (záznam) serves a recording function and does not affect the creation, change or termination of rights (Section 5(2)). The right arose earlier through a means other than registration, and the cadastre merely reflects it in its records.
- A note (poznámka) records a fact or relationship concerning a property or person. It likewise does not affect the creation, change or termination of rights (Section 5(3)). It either restricts the owner’s ability to deal with the property or provides information (Section 38).
How do I know which entry applies?
The document underlying the entry determines the route.
Constitutive registration records rights arising from agreements: purchase, gift, exchange, security or easement agreements. Proceedings begin only on application and end with a decision approving registration. We discuss exactly when ownership passes in when do I become the owner of a property?.
A declaratory record records rights arising by law, a state authority’s decision, the fall of the hammer at an auction, acquisitive prescription, accession or processing, as well as rights certified by a notary and rights under lease agreements (Section 34(1)). Typical examples are recording an heir under an inheritance certificate, the owner of a new building, an enforcement lien or a right established by a court judgment. The district office makes the record on its own initiative or at the owner’s request (Section 35(1)).
A note records, for example, the commencement of enforcement by sale of property, an interim court injunction prohibiting dealings, pending expropriation proceedings, a planned auction, the start of security enforcement or a pending court dispute about a right in rem (Section 29 of Decree No. 461/2009 Coll.). It is entered following notification by a court or another state authority, or at a party’s request (Section 39(1)).
Priority of entries and why it does not apply to notes
Rights relating to the same property are entered in the order in which the documents reached the district office (Section 41(2)). This priority rule is fundamental for constitutive registrations and declaratory records: earlier receipt means earlier entry.
Priority does not apply to notes, for a simple reason: a note does not register a right. A note about the commencement of enforcement can therefore appear on a title sheet even where a registration application was filed earlier and is still pending.
What are the deadlines for each entry?
| Entry | Deadline under Section 43(1) |
|---|---|
| Constitutive registration | On the day the approval decision becomes final, or by the next working day at the latest |
| Declaratory record | Within 60 days of commencement of proceedings; within 30 days if the application was submitted using the electronic form (Section 43(3)) |
| Removal of a security right | Within 5 working days |
| Note | On the day the document is received, or by the next working day at the latest |
The deadlines for deciding the registration application itself, 30, 20 or 15 days, are discussed separately in how long cadastral registration takes.
Procedural rules differ too
In constitutive registration proceedings, the Administrative Procedure Code applies subsidiarily wherever the Cadastral Act does not provide otherwise (Section 22(5)), for example to the running of time limits or the requirements for minutes. It does not apply to declaratory records (Section 34(3)) or notes (Section 40), and no decision is issued for either. The practical consequence is that refusal of a constitutive registration application can be appealed, while failure to enter a declaratory record or note requires another remedy.
The competent authority is the district office for the area where the property is located. If the registration concerns properties in several districts, any of the relevant offices may deal with the whole application (Section 22(2) and (3)).
Where do entries most often go wrong?
The commonest problem is not confusion about terminology, but submitting a document for the wrong type of entry or at the wrong time. If ownership is already registered and a further document submitted for a declaratory record does not follow the cadastral data, the authority will not make the record. Instead, it calls on the people concerned to agree a solution or bring an action for a declaration of the right (Section 36a(1)). This happens, for example, where an enforcement order names as owner someone who has already transferred the property.
If the cadastre has not made an entry or has suspended proceedings, see our suspended and refused cadastral proceedings service. For contractual transfers, we prepare the agreement and registration application so that the process succeeds the first time.
This answer provides general information on the law as at 31 July 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.
