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Land Registry in Croatia

Land Registry in Croatia

Updated on Monday 15th October 2018

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EORI-Registration-in-CroatiaThe 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.
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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

 
A property in Croatia can be verified in a transparent manner and with the help of the official website of the Ministry of Justice of this country. One can fill out the form offered on the webpage with information about the city where the property is found, and about the cadastral municipality. The control number issued as soon as you submitted the necessary information can reveal the details of the property you wish to verify. In any case, whether you would like to make a verification on the internet or not, it is suggested to have in mind the fact that legal assistance is necessary and available through our law firm in Croatia.
 

Do I need real estate due diligence?

 
Yes, foreigners interested in purchasing a property in Croatia can solicit real estate due diligence in order to find out if everything is in order and there are no financial risks or reconstruction interventions that are not declared or are hidden. A real estate due diligence procedure might reveal any litigation problems of a property and the outcome in such a situation. Moreover, the authorizations are verified with the help of the real estate due diligence procedure. Our lawyers are at your disposal with comprehensive legal advice, if you are interested in acquiring a property for personal purposes or for opening a business in Croatia, for which real estate due diligence is mandatory. Whether you are looking for a business office, a warehouse, a factory, a condominium, a hotel or a residential apartment in Croatia, checking with the entitled authorities is mandatory at the time of buying such properties in Croatia. Let our team handle the verifications with the Land Registry in Croatia, as they have knowledge of the Croatian legislation related to the real estate property acquisition.
 

Our lawyers can help you with the Land Registry requirements

 
Whether you are interested in buying a property in Croatia or you want to make some verifications about specific properties, it is always a good idea to solicit legal advice in such matters. Any real estate purchase in Croatia should be attentively measured from a legal point of view, with the purpose of avoiding any breaches or misdeeds which might not be publicly disclosed. In any case, legal recommendations are both necessary and at the disposal of nationals and foreigners in such type of acquisition.
 

Should you have any inquiry in relation to any of the matters mentioned above, please contact our law firm in Croatia.