Removal of land from the Agricultural Land Fund

Where to sort this out

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department.

Submitting an application for removal from the Agricultural Land Fund

Other necessary documents, information, etc.

Forms:

Basic information

The removal of agricultural land from the Agricultural Land Fund for non-agricultural purposes requires the consent of the Agricultural Land Fund Protection Authority. A proposal requiring the withdrawal of agricultural land from the Agricultural Land Fund cannot be authorised under specific legislation without this consent (except for the exceptions set out in Section 9(2) of the Act). The withdrawal may be temporary or permanent.

Time limit for processing

Where the proposal is subject to planning permission proceedings, the binding opinion will form part of the so-called Integrated Environmental Opinion, and the time limit will be governed by Act No. 148/2023 Coll. on the Integrated Environmental Opinion. If consent is issued in the form of a decision, the time limit will be 30 days, or 60 days in particularly complex cases, from the date of submission of the application.

Who is entitled to submit an application, notification, etc.?

The landowner, or the person in whose interest the exemption is to take place – i.e. the developer, mining organisation, etc.

Other parties to the proceedings

Co-owners of the land, who must express their views on the removal of land from the Agricultural Land Fund.

Form and where to obtain it

The application form can be obtained from the Department of the Environment and downloaded from the town’s website here: Application form for consent to the removal of land

Legislation governing the procedure

• Act No. 334/1992 Coll., on the Protection of the Agricultural Land Fund, as amended
• Decree No. 271/2019 Coll., on the establishment of procedures to ensure the protection of the Agricultural Land Fund

Procedure under the Code of Administrative Procedure

Consent issued in the form of a decision is governed by Section 67 of the Code of Administrative Procedure.

Administrative (or other) fee

• Levies are payable for the removal of land from the Agricultural Land Fund in accordance with the Act on the Protection of the Agricultural Land Fund; these are calculated on a case-by-case basis according to the area of the plot and the basic value indicators of agricultural land. Levies for removal are payable only after the issuance of a decision on levies by the Příbram Municipal Authority.
• The party liable for payment of the levies is obliged to give written notice of the commencement of the project’s implementation no later than 15 days before it begins.
• Download here: Notification of commencement of project implementation form

Appeals

Where consent is granted in the form of a binding opinion, an appeal may be lodged within the framework of proceedings under specific regulations (e.g. the relevant water management proceedings). An unlawful binding opinion may also be revoked or amended in review proceedings, for which the regional authority has jurisdiction. Where consent is granted in the form of a decision, an appeal may be lodged directly against that decision.

Notes

In the event of failure to comply with the prescribed obligations: A fine of up to CZK 1 million may be imposed on a natural person. A fine of up to CZK 10 million may be imposed on a legal person or a natural person authorised to carry on business.