For a property classified as a cultural monument, the state or municipality has a statutory pre-emptive right to protect the cultural heritage.

When intending to sell such a property, the owner must notify the Ministry of Culture or the relevant local municipality if it is a monument of local importance.

The competent ministry must issue a statement of (non-)exercise of the pre-emptive right within 30 days after receiving a complete application. If the state does not exercise the pre-emptive right, a statement of waiver is sent to the municipality where the property is located, and the municipality can exercise the pre-emptive right within the next 30 days. A contract concluded in violation of the described procedure is not valid.

If the state or municipality does not issue a statement of (non-)exercise of the pre-emptive right within 30 days, it is considered that the pre-emptive right is not exercised.

The pre-emptive right is excluded in the sale to a spouse or a direct descendant.

If you are unsure whether the property you intend to sell is a cultural monument, contact attorney Jurij Kutnjak, who will verify the legal status of the property and prepare a draft sales contract for you.