Land Registry in Croatia
Land Registry in CroatiaUpdated on Monday 15th October 2018
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The Land Registry in Croatia is a public legal registration system where real estate properties, ownership, and other property rights are recorded and recognized, as well as some other rights related to the real estate properties and specific relations relevant for the real estate legal transactions. Currently, there are 107 local Land Registry offices in Croatia and they are managed by the Ministry of Justice. Our attorneys in Croatia can assist with land registration matters and can provide legal advice for investors wanting to start a business in this country.
Functions of the Land Registry in Croatia
The main responsibilities of the Land Registry in Croatia are:
- •Publicity – Information in relation with land registration is made available to the public and not just the party who has a vested interest in the property.
- •Protection of trust in a legal transaction regarding real property - Anyone who wishes to acquire a property may rely on the information in the Land Registry as being true and complete.
- •Order function – It sets the order of priority in property rights. A right which is registered earlier will have precedence in acquiring rights over those that were registered later.
- •Land Registry Court – It makes judicial decisions on land registration applications, particularly in case of disputes on titles.
- •Various administrative functions relating to land registration – As from 2005, the applications for land registration are decided by land registry clerks and judges will decide on appeals.
Real property cadastre
In Croatia, there is a dual system of real estate records – Land Register and the Real Property Cadastre. There are 112 cadastral municipality offices which are under the State Geodetic Administration. The real property cadastre maintains a register of land parcels, buildings and other structures permanently present on the land or under its surface, as well as the special legal status of the land if it is not otherwise prescribed by the law. The real property cadastre is also in charge of determination of cadastral spatial units, cadastral survey, development, and maintenance of cadastral documentation, maintenance of land cadastre and sporadic transformation of cadastral parcels into the real property cadastre. These cadastre data is required when making an application for land registration.
Our lawyers in Croatia can help you deal with all the formalities for applying for land registration.
Real property registration and cadastre joint information system (JIS)
In 2003, the Government of the Republic of Croatia introduced a national program called “Organized Land” which aimed to modernize and organize the matters relating to real property registration in Croatia. This program is run by the Ministry of Justice and State Geodetic Administration. JIS is a joint system where a single and harmonized database for cadastre and land registers is established. The information from the cadastre and the land registers can be obtained through JIS via the Internet at all time.
Parties can obtain an electronic land registry extract for a property, but such electronic extracts are not considered official extracts for collateral purposes. Only those obtained in paper directly from the Land Registry have a legal power. The same applies to the cadastre extracts.
General procedural matters
To register a transfer of title of a property at the Land Registry Court, the purchaser should take note of the followings:
- • the application should be submitted to the Registry by the parties, on the appropriate registration form approved by the Ministry of Justice;
- • the whole process takes around 60-80 days when it is conducted by an experienced Croatian lawyer;
- • in the event that the registration form contains certain deficiencies, the court will not invite the applicant to correct them, but will immediately dismiss the application. A new request will have to be submitted;
- • documentation for application will include a notarized sale agreement, application form, certified copy of an ID or a passport and personal identification number.
Due to the complexities in land registration application procedures, it is advisable to obtain professional assistance. Our lawyers in Croatia have expertise in this area and will be able to help you.
Land acquisition by foreign investors
Any non-EU citizen who wishes to acquire real estate in Croatia may only do so if there is a reciprocal agreement between Croatia and their country. Foreign investors from EU countries enjoy the same rights as Croatian citizens with the exception of agricultural land and nature reserves as protected by special laws. However, if a foreign investor establishes a company in Croatia, that Croatian company may acquire real estate without limitation. Our lawyers in Croatia can help you to set up a company in Croatia.
The property ownership verification in Croatia
Do I need real estate due diligence?
Our lawyers can help you with the Land Registry requirements
Should you have any inquiry in relation to any of the matters mentioned above, please contact our law firm in Croatia.