465/1991 Coll.
REGULATION of the Ministry of Finance of the Slovak Republic
dated 25th October 1991
on Prices of Structures, Plots of Land, Perennial Vegetation, Payments
for Natural Person’ s Right to Use Land and Payments for Temporary Use
of Plots of Land
Amendment: 608/1992 Coll.
Amendment: 265/1993 Coll.
The Ministry of Finance of the Slovak Republic under Article 2 par.
2 e) Act of the Slovak National Council No. 127 on Competency of the Institutions
of the Slovak Republic in the Field of Prices and under Article 43 par.
2 Act of the Slovak National Council No. 330/1991 on Land Adjustments,
Settlement of Ownership of Land, Land Offices, Land Fund and Land Communities
has enacted the following law :
Article 1
Scope of Validity
The Regulation regulates
-
finding out of the price of 1) constructions, flats and non-residential
areas in an residential house, of plots of land, perennial vegetation,
plots of land within the area of land modifications 5) and asking price
for public auctions, unless finding out of price has not been regulated
otherwise, 2)
-
negotiating of the price 6) for purposes of contractual transfer of structures,
flats and non-residential areas, plots of land and perennial vegetation
between the seller and the buyer (hereinafter "negotiated price"),
-
negotiation of rent 6) for leasehold of land
1) E.g. Act of the Slovak National Council No. 318/1992 Coll. on Inheritance
Tax, Gift Tax and Real Estate Transfer and Transference
2) Ruling of the Ministry of Finance of the Slovak Republic No. 6/55/1992
in which the methods and conditions of valuation of assets of enterprises
and their parts are stipulated in the process of large-scale privatisation
(it will be published in the Financial Journal)
6) Article 1 par. 3 Act No. 526/1990 Coll. on Prices
Article 1a
Definition of Terms
For the purposes of this Regulation :
-
residential house is a house, in which from the sum of floor area of all
rooms in the house at least two thirds are represented by flats, inclusive
flats and parts of the flats, which are used for other purposes than dwelling
as well as adjacent rooms and conveniences belonging to the flats. In finding
out of this relation of floor areas the areas accessible to all dwellers
of the house and other persons are not taken into account as well as other
common adjacent rooms and adjacent areas (e.g. staircases and corridors,
common laundries and drying rooms, attic and cellar areas), rooms for agricultural
production as well as adjacent structures built on the plot of land (e.g.
garages, agricultural objects, small operations, outhouses, woodsheds
-
family house is a residential building, in which more than half of the
floor area of all rooms is determined for living. A family house can have
maximum three independent flats and maximum three overground floors and
an attic
-
other residential buildings are residential buildings except for family
houses
-
building is a construction object, which is classified under special regulation
2a) in the field of construction objects under code 801, 803 and 812 in
the Universal Classification of Construction Objects
-
flat is a room or set of rooms, which on basis of the decision of the building
office have been permanently determined for dwelling and can serve for
this purpose as independent flat units
-
floor area of the flat is a sum of the area of residential rooms and area
of conveniences of the flat without the area of loggias and balconies
-
under conveniences of the flat is understood particularly entrance space
of the flat, space for cooking, space for storing food, space for personal
hygiene, space for location of toilet bowl and for putting tidying up tools
-
residential room is a room directly lit and directly ventilated room with
floor area at least 8 m, which is directly or sufficiently indirectly heated
and which because of its construction and technical arrangement and fixtures
is determined for year round living. Under stated conditions a residential
room is also a kitchen with floor area above 12 m. Into the sum of floor
area of residential rooms is included also the area built up by a kitchen
unit, oven or by other heating bodies, area of oriels and further area
of niches if they are at least 1,20 m wide, 2 m high and 0,30 m deep. The
area of the furniture built into the wall is not included. If the room
has a slope ceiling below 2 m above the floor the floor area is counted
only by four fifths
-
non-residential area in the residential building is a room or a set of
rooms that have been under the decision of the building office specified
for other purposes than living, for example offices, workshops, stores,
shops, garages, studios etc. Non-residential area are neither conveniences
of the flat nor common parts and common facilities of the building
-
under common parts of the residential building are understood the parts
of the building necessary for its substance and safety and are specified
for common use, particularly foundations of the building, roofs, corridors,
peripheral walls, face walls, entrances, staircases, common terraces, attics,
lofts, horizontal bearing and insulation constructions and vertical bearing
constructions
-
under common facilities of a residential building are understood facilities
that are determined for common use, particularly lifts, washing rooms,
boiler rooms, drying rooms, rooms for perambulators, common television
antennas, lightning rods, chimneys, water supply, heating, sewage, electrical,
telephone and gas connections even in case if they are located outside
the building and serve exclusive this purpose
-
under common parts and conveniences of the residential building that are
not a construction part of the building are understood structures and perennial
vegetation that is located on adjacent plots of land, particularly fences
and shelters
2a) Regulation of the Federal Statistical Office No. 124/1980 Coll.
on Universal Classification of Building Objects and Building Work of Production
Nature
PART ONE
NEGOTIATION OF PRICES AND RENT
Article 1b
-
The amount of negotiated prices of structures, flats and non-residential
areas, plots of land and perennial vegetation upon their transfer is specified
by an agreement between a buyer and a seller or between a lessor and a
lessee. The amount of negotiated prices is limited in cases entered in
paragraphs 2 and 3 and in cases stipulated by special regulations. 6a)
-
Higher price than the price ascertained under this Regulation cannot be
negotiated in transfer of structures, flats and non-residential areas,
plots of land and perennial vegetation, if the payment for the price is
covered by the funds of the state budget or from other funds of the state
6b).
-
The rent for leasehold of plots of land, which do not serve for the purposes
of business inclusive agricultural production can be negotiated up to the
amount of maximum rent specified in Article 17.
-
In transfers of structures, flats and non-residential areas, plots of land
and perennial vegetation to the resident legal entity with foreign property
participation or to a foreign person the limitation under Article 22 par.
1 applies
6a) Act No. 42/1992 Coll. on Modification of Ownership Relations in
Co-Operatives in wording of the legal measure of the Presidium of the Federal
Assembly No. 297/1992 Coll., Act No. 496/1992 Coll. and Act of the National
Council of the Slovak Republic No. 182/1993 Coll.
Act of the National Council of the Slovak Republic No.182/1993 Coll.
on Ownership of Flats and Non-Residential Areas.
6b) For example Article 9 Act No. 530/1990 Coll. on Bonds and the sixth
part of the Act of the National Council of the Slovak Republic No. 566/1992
Coll. on the National Bank of Slovakia
PART TWO
PRICES OF STRUCTURES, FLATS AND NON-RESIDENTIAL AREAS PLOTS OF
LAND AND PERENNIAL VEGETATION UPON THEIR TRANSFERS AND TRANSFERENCES AND
RENT FOR LEASEHOLD OF PLOTS OF LAND
SUBSECTION ONE
RESIDENTIAL BUILDINGS
Article 2
Family Houses
-
The price of a family house 7) will be find out as sum of valuations of
individual floors. The floor will be valued so that the value of one point
will be multiplied by the number points found out from the annex No.1 of
this Regulation and by the area of the floor in M2. The value of one point
is 1,-Sk.
-
The area of the floor for the purposes of ascertaining the price is understood
-
built-up area 8) of individual floors, yet from the area of the underground
floor and from the area attic only 80% of the real size is taken into account
-
floor area of all spaces of underground floor and where appropriate of
underground floors and floor area of all rooms and spaces of the attic
as long as it is only in the part of loft space and if it is not possible
to ascertain their real built-up area.
-
Into the built-up and floor area are counted only those rooms and parts
the clear height of which is at least 1,6 m. In the attic the area of rooms
and other parts is included in which this minimum height is achieved at
least partly.
-
Only such rooms and parts are counted into the built-up area of the floor,
which are built-in into the family house; rooms that are not built-in and
other parts are appraised separately under appropriate provisions of the
Regulation. The exception is a part of the flat (residential room) and
conveniences of the flat, 9) which are always counted into the built-up
area of the floor as long as they are operationally interconnected with
the family house.
-
The price of the family house will be adequately decreased by wear with
regard to its condition and assumed life. The percentage of annual wear
will be calculated by dividing 100% by the total assumed life whereas the
assumed life of masonry structure is as a rule 100 years. The wear of superstructures
and annexes will be calculated separately for each year of their age using
the same procedure, however termination of the assumed life will be determined
for the whole family house (inclusive superstructures and annexes), as
on the same year. The wear can be mostly 80%.
-
The age of the structure for the purposes of this Regulation shall be calculated
from the year in which the certificate of use entered into force. In cases
when the structure started to be used before, the age of the structure
will be calculated so that from the year in which appraisal is carried
out will be subtracted the year in which the structure provable started
to be used. If it is not possible to find out the age of the structure
in this way then it is calculated on basis of another document and should
such document be not available it will be designated by estimation.
-
According to paragraphs 1 to 6 the price of the residential part of the
agricultural settlement will be ascertained, if is considered to be a family
house, 7) whereas the part of the built-up area containing the rooms specified
for agricultural purposes will be appraised using the method in Article
9. The wear will be calculated in the same way according to paragraphs
5 and 6 for the whole this structure.
8) ČSN 73 4055 "Calculation of built up area of surface structural objects".
Article 3
Other Residential Houses
The price of other residential houses, if the subject of transfer is the
whole house, equals to the price ascertained under Article 2 multiplied
by coefficient:
-
1,00 in case of an residential house of built up area up to 150 m2,
-
0,95 in case of an residential house of built up area over 150 m2 to 250
m2,
-
0,85 in case of an residential house of built up area over 250 m2.
Article 3a
Flats and Non-residential Areas
-
The price of flat inclusive its conveniences and inclusive its share in
common parts and facilities of the building, its fixtures and conveniences
that are a structural part of the residential house will be ascertained
as a multiple of number m of the floor area of the flat and the price for
1 m of the floor area of the flat according to the category of the apartment.
10a)
-
The price for 1 m of floor area of the flat is
in case of flats of I. category..........................................................5.300
Sk
in case of flats of II. category.........................................................4.400
Sk
in case of flats of III. category........................................................3.100
Sk
in case of flats of IV. category........................................................2.200
Sk
-
The price of the flat ascertained under paragraphs 1 and 2 will be adequately
decreased by wear, as a rule by 1 % for every year of the age of the house.
The decrease can be mostly 80 %.
-
The price of the flat ascertained according to paragraph 1, paragraph 2
and paragraph 3 in the capital of the Slovak Republic Bratislava, in Košice,
Banská Bystrica, Piešťany, Starý Smokovec, Štrbské Pleso, Tatranská Lomnica
and Trenčianské Teplice is being increased by 10 %.
-
The price of non-residential area inclusive the share in common parts and
facilities of the residential house will be ascertained as a multiple of
number of m of floor area of non-residential area and price for 1 m. Into
the floor area of non-residential area are included also areas of other
parts used exclusively with non-residential area.
-
The price for 1 m of floor area of non-residential area is 5.300 Sk.
-
The price of common parts of the house and conveniences of the house and
an apartment, which do not form a structural part of the residential house
and a price of the plot will be ascertained according to the second part
of this Regulation.
10a) Article 4 of the Regulation of Central Administration for Development
of Local Economy No. 60/1964 Coll. on Payment for Use of the Flat and for
Services Connected with Use of the Flat in wording of later regulations.
SUBSECTION TWO
STRUCTURES FOR INDIVIDUAL RECREATION
Article 4
Recreation Chalets and Garden Chalets
-
The price of a recreation and garden chalet 11) will be ascertained as
a sum of appraisals of individual floors. The floor will be appraised so
that the value of one point will be multiplied by the number of points
ascertained from the annex No. 2 of this Regulation and the area of the
floor in m2 under Article 2 par. 2 to 4. The value of one point is 1,-
Sk.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that the assumed life for a masonry structure under current maintenance
is 80 years as a rule and in case of wooden and assembled structure 50
years. The wear can be mostly 80 %.
11) Article 54 par.1, Article 55 par.1, Article 58 par 1 of the Regulation
of the Federal Ministry for Technical and Investment Development No. 83/1976
Coll. on General Technical Requirements for Construction in wording of
Regulation No. 45/1979 Coll. and Regulation No. 376/1992 Coll.
Article 5
Recreation Houses and Recreation Cottages
-
The price of a recreation house and a recreation cottage 12) will be ascertained
as a sum of appraisals of individual floors. The floor will be appraised
so that the value of one point will be multiplied by the number of points
ascertained in the annex No.1 and the area of the floor in m2 under Article
2 par 2 to 4, whereas the part of the built-up area of each floor of a
recreation cottage exceeding the area of 80 m2 will be counted in only
by 50 %. The value of point is 1,- Sk.
-
The provisions of Article 2 par. 5 and 6 apply similarly.
12) Article 56 par. 1 of the Order of the Federal Ministry for Technical
and Investment Development No. 83/1976 Coll. in wording of later regulations.
SUBSECTION THREE
GARAGES
Article 6
Independent, Row and Multi-Storey Garages
-
The price of an independent and row garage will be ascertained as a sum
of appraisal of individual floors. The floor will be appraised by multiplying
of the value of one point by the number of points ascertained in annex
No. 3 and the area in m2 under Article 2 par. 2 and 3. The value of one
point is 1,- Sk.
-
The price of a multi-storey garage as a whole will be ascertained under
paragraph 1.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that the assumed life for a masonry and concrete structure under current
maintenance is 80 years as a rule and in all other cases 30 years. The
wear can be mostly 80 %.
SUBSECTION FOUR
FENCES AND WELLS
Article 7
Fences
-
The price of fences will be ascertained so that the value of one point
will be multiplied by the number of points ascertained from annex No. 4
and the length of the fence in meters. The value of one point is 1,- Sk.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that the assumed life under current maintenance of masonry fence is as
a rule 50 years, of the fence with masonry foundation 40 years in all other
cases 30 years. The wear can be mostly 90 %.
Article 8
Wells
-
The price of the well and a hand pump will be ascertained as follows:
| a) dug well |
|
|
| In depth |
Sk for 1 m |
Sk for 1 piece of hand pump (according to the
total depth of the well) |
| from 0 to 5 m |
1300,- |
1010,- |
| from further 5 to 10 m |
2380,- |
1560,- |
| over 10 M |
3260,- |
3220,- |
| b) drilled well |
|
|
|
| Diameter |
Well depth |
Sk for 1 m |
Sk for 1 piece of hand pump (according to total
depth of the well) |
to 150 mm
to 300 mm |
from 0 to 10 m
from 0 to 20 m
from 0 to more than 20 m |
650,-
1120,-
1360,- |
1560,-
3220,-
4140,- |
over 300 mm
to 500 mm |
from 0 to 10 m
from 0 to 20 m
from 0 to more than 20 m |
1570,-
1805,-
2000,- |
1560,-
3220,-
4140,- |
-
The depth of the well is measured from the level of the modified terrain.
The drilled well of the diameter above 500 mm is appraised as a dug one.
-
The price of the hammered well equals to the price of drilled will of the
diameter to 150 mm.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that under common maintenance the assumed life of the drilled well of the
diameter above 150 mm and of the dug well is as a rule 100 years, in all
other cases 50 years. The wear can be mostly 80.
-
The price of the dug well, which permanently does not serve its purpose
because of the loss of water or because of some other substantial deficiency
is 20 % from the price ascertained under paragraphs 1 to 4.
SUBSECTION FIVE
OTHER STRUCTURES
Article 9
Side Structures
-
The price of structures, which form the conveniences of main structures
and the price of structures supplementing the use of land (woodshed, outhouses,
laundry etc.) will be ascertained as a sum of appraisals of individual
floors. The floor will be appraised by multiplication of the value of one
point by the number of points ascertained in the annex No. 3 and by the
area of the floor in m2 under Article 2 par. 2 and 3. The value of one
point is 1,- Sk.
-
If the structure has not got a floor of minimum clear height 1,6 m, its
price will be ascertained under Article 11.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that the assumed life for a masonry structure under current maintenance
is 80 years as a rule and in all other cases 30 years. The wear can be
mostly 85 %.
Article 10
Operational and Agricultural Structures
-
The price of buildings specified for accommodation (hotels, recreation
and training centres, hostels etc.), the price of administrative buildings,
school buildings, gymnasiums, commercial buildings, restaurant buildings,
buildings of health facilities and other buildings used for similar purposes
will be ascertained under Article 3. Each building, which has a significantly
different construction or age will be appraised separately.
-
The price of structures
-
for agricultural purposes (pens, granges, stables, woodsheds, cornlofts
etc.)
-
workshops and warehouses with built-up area to 150 m2 will be ascertained
under Article 9.
-
The price of operational and agricultural structures not entered in paragraphs
1 and 2 will be ascertained by multiplying m3 of the built-up space 7)
by the price for 1 m3 entered in annex No.5. The price of the structure
ascertained according to the previous sentence will be modified by percentual
additional charges or charges entered in annex No. 5a. Social and administrative
spaces with at least three independent peripheral walls and a ceiling built
into the halls or annexed to the halls will be appraised separately under
Article 10 par. 1 of this Regulation. In case of in-built parts the volume
of the built space of the hall is not decreased by the built up area of
the in-built parts.
-
The price of the residential part of operational and agricultural structures
will be ascertained separately under Article 3 under the condition that
the same procedure will be used for calculation of wear of the whole structure,
inclusive the residential part and can be mostly 85 %.
-
The provisions of Article 2 par 5 and 6 apply similarly under the condition
that the wear can be mostly 85 %.
7) Article 128 par. 1 of the Civil Code
Article 60 par. 1 of the Act No. 41/1964 on Management of Flats
SUBSECTION SIX
External Modifications
Article 11
-
The price of external modifications entered in annex No. 6 of the Regulation
will be ascertained so that the price for specific unit entered in the
annex will be multiplied by real number of specific units.
-
The price of exterior modifications not entered in annex No. 6 of the Regulation
equals to the amount of costs for procuring in the time of appraisal.
-
The provisions of Article 2 par. 5 and 6 apply similarly under the condition
that the assumed life time with regard to construction is as a rule 25
to 50 years. The wear can be mostly 85%.
SUBSECTION SEVEN
UNCOMPLETED STRUCTURES, STRUCTURES SPECIFIED FOR REMOVING AND OTHER
STRUCTURES
Article 12
Uncompleted Structures
-
The price of an uncompleted structure will be ascertained so that individual
uncompleted structures and fixtures will assessed by a full number of points.
Uncompleted structures and fixtures will be assessed by the number of points
determined by relation of performed amount of work and structures to the
total considered volume according to design documentation certified by
the building office. The resulting number of points will be multiplied
by specific unit and by value of one point of the respective structure.
-
In case of uncompleted structures, which had been disturbed under the effect
of the duration of construction, which effects the assumed life time, the
subtraction of adequate wear will be performed.
Article 13
Structures Specified for Removal
The prices of structures, which the competent building office ordered
or permitted to be removed 3) because of the reason on the side of the
owner , equal to the price of material common in the place and time, which
can be obtained by their removal.
3) Article 88 par. 1 and 2 of the Act No. 50/1976 on Spatial Planning
and Building Order (Building Act).
Article 14
Other Structures
The prices of structures, which are not specifically entered in this Regulation
(e.g. graveyard architecture), equal to the costs for removal of the same
or comparable structure in the location of the structure and its transfer
or transference after subtracting of adequate wear.
SUBSECTION EIGHT
PLOTS OF LAND
Article 15
Plots of Land
-
The prices for 1 m2 of the plot of land or its part specified for construction
13) or for setting up of a garden or a plot of land entered in real estate
registers as a built-up area, yard, 14) garden 15) and plots of land built
up by line structures is as follows :
-
1500,- Sk in the capital of the Slovak Republic Bratislava
-
800,- Sk in Košice, Banská Bystrica, Piešťany, Starý Smokovec, Štrbské
Pleso, Tatranská Lomnica and Trenčianské Teplice
-
500,- Sk in Trnava, Trenčín, Nitra, Žilina, Prešov, Poprad, Zvolen, Liptovský
Mikuláš and Martin
-
150,- Sk in communities with the number of inhabitants over 15 000
-
100,- Sk in communities with the number of inhabitants over 5 000
-
70,- Sk in communities with the number of inhabitants over 2 000
-
20,- Sk in other communities
-
The price ascertained according to paragraph 1 will be modified according
to annex No. 7. The price of a piece of land or its part specified for
construction ascertained according to the paragraph 1 will not be modified
because of the reasons entered in items No.3 to 11 of the annex No.7 table
No. 1. The lowest price of a plot of land or its part specified for construction,
which is entered in the real estate register as agricultural land or forest
land, is the price ascertained according to paragraphs 5 to 8.
-
If the price map for individual localities of its cadastral area approved
by the Ministry of Finance of the Slovak Republic has been processed in
the community, the prices entered in this map will be used and the prices
entered in paragraph 1 will not be applied.
-
The price for 1 m2 of land or its part specified for construction 13) for
individual recreation 16) or of a plot of land entered in a real estate
register as an area built up by a structure for individual recreation and
yard 14) or a garden 15) which forms with this structure one functional
unit, will be ascertained according to paragraph 1, as long as it is higher
than 100,- Sk for 1 m2. In other cases the price of these plots of land
is 100,- Sk for 1 m2. The price will be modified according to the annex
No. 7.
-
The price of land entered in the real estate register as arable land will
be ascertained according to the rates entered in annex No.8.
-
The price of land entered in the real estate register as fruit orchard,
vineyard 17) or hop garden will be find out according to rates entered
in annex No. 8 (plot of land) and in annex No. 10 table No. I to III (shrubwood).
-
The price of land entered in the real estate register as a meadow and pasture
is 75% from the price of agricultural land ascertained according to paragraph
6.
-
The price of land entered in the real estate register as a forest land
will be ascertained as sum of basic price of forest land for target timber
species representation according to annex No.9 table No. I and appraisal
of the position factor in dependence on approaching and drive distance
according to annex No. 9 table II. The minimum price of forest land is
0,30 Sk for 1 m2.
-
In case that the agricultural plot has not been entered in the real estate
register because of the fact that it was united into the land units entered
in the real estate registers, its price will be ascertained according to
the price (culture) of the land unit, on which the plot of land lies or
on which most of its part lies.
-
The price for 1 m of land entered in the real estate register otherwise
than it is entered in paragraphs 1 to 9, is 10 % from the price ascertained
according to paragraph 1 except for plots of land of the character of underdeveloped
soil and balks. In case of underdeveloped soil and balks the price of land
will be ascertained as 50 % of the price of the surrounding improved soil
and ecological unit (hereinafter only "BPEJ"). The plots of land of the
character of underdeveloped land and balks as well as data of the surrounding
BPEJ will be specified by the appropriate land office.
13) Article 6 of the Regulation of FMTIR No. 85/1976 on a More Detailed
Adjustment of Spatial Proceedings and Building Order
14) Part B item 4 annex of the Regulation of the Central Administration
of Geodesy and Cartography No. 23/1964 Coll. by which an Act No. 22/1964
Coll. on Real Estate Registration is executed
15) Part A item No. 4 Annex of the Regulation No. 23/1964 Coll. in wording
of the Regulation No. 133/1965 Coll.
16) Article 47 of the Regulation No. 83/1976 Coll.
17) Part A item No.1, 2, 3 and 5 of the Annex of the Regulation No.
23/1964 Coll. in wording of the Regulation No. 133/1965 Coll.
Article 16
abrogated
Article 17
Negotiated Rent for Lease of Land
-
The maximum yearly amount of rent for lease of land rented out for other
than entrepreneurial purposes inclusive agricultural production, except
for plots of land entered in paragraph 2, for the plots of land in communities
is as follows. Entered in
-
Article 15 par.1 a) 5,- Sk for 1 m
-
Article 15 par.1 b) 4,- Sk for 1 m
-
Article 15 par.1 c) 3,50 Sk for 1 m
-
Article 15 par.1 d) and e) 3,- Sk for 1 m
-
Article 15 par.1 f) 2,- Sk for 1 m
-
Article 15 par.1 g) 1,- Sk for 1 m
-
The maximum yearly amount of rent for lease of plots of land built up by
a structure for individual recreation except for forest land in the communities
entered in Article 15 par.1 a) is 5,- Sk for 1 m and in other communities
4,- Sk for 1 m. If on the forest land a structure for individual recreation
or its conveniences have been located, the maximum yearly amount of rent
for lease of land is 9,50 Sk for 1 m of really built-up area.
-
The maximum yearly amount of rent for lease of land because of the reasons
of investment construction or mining activities under spatial planning
documentation, if it is paid from the funds of state budget or from other
sources of the state , will be calculated according to par. 1 or 2.
SUBSECTION NINE
PERENNIAL VEGETATION
Article 18
-
The price of fruit trees will be ascertained according to annex No.10 table
No. I.
-
The price of vine plants inclusive facilities of vineyards will be ascertained
according to annex No.10 table No. II.
-
The price of hop plants and facilities of hop gardens will be ascertained
according to annex No.10 table No. III.
-
The price of forest vegetation will be ascertained as a sum of basic price
of forest vegetation according to real representation of timber species,
natural and cultural fertility, age and stems according to annex No. 10
table No. IV and appraisal of factor of position in dependence on approaching
and drive distance according to annex No. 10 table No.V. In case of damage
of forest vegetation its price will be decreased according to annex No.
10 table No. VI.
-
The price of decorative timber species will be ascertained according to
annex No. 10 table No. VII.
SUBSECTION TEN
COMMON PROVISIONS TO THE FIRST PART
Article 19
If the owner acquired the structure after 1st June 1953 for the price
higher than ascertained under Article 2 to Article 12, then this higher
price, after subtracting the increase of price in previous transfer under
Article 21 or Article 20 (wording valid to 31.7.1990) Regulation No. 205/1988
Coll. on Prices of Structures, Plots of Land, Perennial Vegetation, Compensation
for Establishing a User’ s Right to Use Land and Compensation for Temporary
Use of Plots of Land in wording of later regulations and after subtracting
of wear, is a valid price also for other transfers and transferences of
ownership of these structures. The higher price can be demonstrated by
a purchase contract together with professional expertise, on basis of which
it was registered, by invoices of the supplier of the structure or by detailed
breakdown budget of the structure on the level of prices valid in the time
of its construction.
Article 20
In transfer of structures, flats and non-residential areas, plots of
land and perennial vegetation covered from the funds of state budget or
from other funds of the state, 6b) in well founded cases the Ministry of
Finance can award an exception from the provision Article 1a par. 2 of
this Regulation on basis of the application from the buyer. To the application
for permission of the exception the buyer is obligated to submit a standpoint
of approval of the founder or of the state institution, which is providing
to him the funds of the state budget or other state funds.
PART THREE - ABROGATED
Article 21
abrogated
PART FOUR
PRICES OF STRUCTURES, FLATS AND NON-RESIDENTIAL AREAS, PLOTS OF
LAND AND PERENNIAL VEGETATION IN TRANSFERS AND TRANSFERENCES TO RESIDENT
LEGAL ENTITY WITH FOREIGN PROPERTY PARTICIPATION OR TO A FOREIGN PERSON
Article 22
-
In transfers of ownership of structures, flats and non-residential areas,
plots of land and perennial vegetation to resident legal entity with foreign
property participation or to a foreign person the price will be calculated
on the level of prices of the foreign market on basis of technical valuation
according to the methodology common abroad (Federal Republic Germany and
Austria) and will be converted to domestic currency by the rate of exchange
valid on the day of working out of the valuation. In case of transfers
also a different price from the calculated price can be negotiated. The
price shall be valid only after approval of the Ministry of Finance of
the Slovak Republic. The approved price is considered to be the price ascertained
according to this regulation. If the valuation of the property is a part
of the privatisation project inclusive the price under Act No. 92/1991
Coll. on Conditions of Transfer of State property to other Persons then
the procedure according to the price decree is used. 18)
-
The rent for lease of plots of land, the lessee of which is resident legal
entity with foreign property participation or a foreign person, will be
negotiated by an agreement. 6)
-
In case that the subject of valuation brings proceeds and the valuation
according to price decree 2) for the resident entity is more advantageous,
the procedure according to price decree can be used. However it is necessary
to give special reasons for this procedure and to add to the calculated
price in this way also the price of structures, plots of land and perennial
vegetation ascertained under the Regulation.
2) Regulation of the Ministry of the Slovak Republic No. 6/55/1992
in which the methods and conditions of valuation of assets of enterprises
and their parts in the process of large-scale privatisation are determined
(it will be published in the Financial Journal).
6) Article 1 par. 3 Act No. 526 Coll. on Prices.
18) Part II. 3 of the Decree of the Ministry of Finance of the Slovak
Republic No. 2/16/1991.
PART FIVE
ASKING PRICES OF STRUCTURES NON-RESIDENTIAL AREAS PLOTS OF LAND
AND PERENNIAL VEGETATION IN THE OWNERSHIP OF STATE FOR THE PURPOSES
OF PUBLIC AUCTION UNDER ACT NO, 427/1990 Coll. IN WORDING OF LATER REGUALTIONS
Article 23
For the purposes of Article 8 and Act No. 427/1990 Coll. on Transfers of
State Ownership to Certain Things to other Legal Entities or Natural persons
in wording of the Act No. 541/1990 Coll., Act No. 429/1991 Coll. and Act
No. 561/1991 Coll. the asking price of structures, non-residential areas,
plots of land and perennial vegetation in the ownership of the state will
be ascertained according to the second part of this Regulation.
Article 24
abrogated
Article 25
abrogated
PART SIX
LAND MODIFICATIONS
Article 26
The provisions of this Regulation are valid also for valuation of plots
of land in the area of land modifications. 5)This does not affect the provisions
of special regulations. 19)
5) Article 9 and 11 of the Act of the Slovak national council No.
330/1991 Coll. on Land Modifications, Settlement of Ownership of Land,
Land Offices, Land Fund and on Land Communities.
19) Article 14 to 16 and Article 20 to 25 of the Act No. 229/1991 Coll.
on Adjustment of Ownership Rights towards Land and towards other Agricultural
Property.
Final Provisions
Article 27
This Regulation does not apply to ascertaining of prices for the purposes
of compensation under special regulations. 20)
20) Act No. 87/1991 Coll. on Extraordinary Rehabilitations
Act No. 229/1991 Coll.
Article 28
The Regulation of the Ministry of Finance, Prices and Wages of the Slovak
Republic No. 205/1988 Coll. on Prices of Structures, Plots of Land, Perennial
Vegetation, Payments for Natural Person’ s Right to Use Land and Payments
for Temporary Use of Plots of Land in wording of the Regulation of the
Ministry of Finance of the Slovak Republic No. 289/1990 Coll. and No. 101/1991
Coll. is being abrogated.
Article 29
This Regulation shall enter into force on 1st January 1992, the Regulation
No. 608/1992 Coll. shall enter into force on 1st January 1993, the Regulation
No. 265/1993 Coll. shall enter into force on the day of announcement, i.e.
on 17th November 1993.
Minister : Dančo, sign manual