Registration in the land register: key steps and legal requirements for the transfer of property ownership

According to the Land Register Act, real rights (and some obligatory rights) that are acquired based on a legal transaction are registered (entered) in the land register. This important principle must be considered when, for example, concluding a sales contract for an apartment or single-family house.

Since the sales contract alone is not sufficient to acquire ownership rights, the registration of the buyer in the land register is required. The court carries out the registration based on a land register application by the entitled person, such as the buyer in the sales contract for an apartment. A court fee is payable upon filing the application for registration in the land register.

The application must be accompanied by the sales contract with a land register authorization or intabulation clause, which is an explicit and unconditional statement by the party whose right is being transferred, modified, encumbered, or terminated, allowing registration in the land register. The signature of this person on the authorization must be notarized, which can only be done after obtaining confirmation from the tax authority that all tax obligations have been paid or receiving a certificate stating that the transaction is exempt from tax payment.

The authorization can be included in the contract itself or may be a separate document that the seller hands over to the buyer after fulfilling the conditions of the sales contract (e.g., after payment of the entire purchase price).

For registration and deletion of rights from the land register, contact attorney Jurij Kutnjak and authorize them to represent you in the land register procedure.