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List of Required Documents When Buying and Selling an Apartment in Croatia
AdviceYou have listed your apartment for sale in Croatia, happily found a buyer, and now you are interested in what documents you need to start the administrative procedure of selling the apartment. Or in case of purchase, you found an interesting listing, viewed the apartment, and decided to buy, and now you are looking for information about what awaits you next. We bring you a list of documents required for the purchase and sale process and a detailed explanation of each of them, but also the most important - the information about where to obtain the necessary documents.
The following documents are required when buying and selling an apartment in Croatia:
- excerpt from the land register
- energy certificate
- floor plan
- pre-contract
- purchase and sale agreement
- proposal for registration in the land register
- proof of citizenship of the buyer (copy of birth certificate, identity card or passport)
- proof of payment of the fee
Excerpt From the Land Register (Title Deed)
An excerpt from the land register (title deed) shows the factual and legal condition of the real estate at the time of issuing the excerpt and it is the only proof of ownership of a real estate. Based on the excerpt from the land register, all legal transactions related to real estate (contracts of gift, purchase, lien) are concluded.
The official excerpt from the land register is issued by municipal courts in the Republic of Croatia, regardless of local jurisdiction, or regardless of the cadastral municipality in which the land registry parcel is sought. A land registry excerpt can be obtained from a lawyer or notary public who has requested and received authorization from the Ministry of Justice and Administration, as well as online through the eCitizen (e-Građani) system. To obtain an excerpt, it is necessary to know the number of the parcel and the cadastral municipality in which the requested parcel is located.
The excerpt needs to be of a more recent date, but these are public records and anyone can check the data. It is all available on the website of the concerned Ministry
Energy Certificate
Energy certificate is a document that presents the energy performance of a building and is made by authorized persons for energy certification - energy certifiers.
It is issued for a building or specifically, its part, for which it is necessary to use energy to maintain the temperature in accordance with its purpose, except for:
- a building used to hold religious ceremonies or religious activities
- a temporary building with a service life of two years or less, an industrial plant, a workshop and a non-residential agricultural building with low energy needs
- a residential building that is used for less than four months a year
- a detached building with a total usable area of less than 50 m2.
The document is valid for ten years from the date of its issuance. Residential and non-residential buildings are classified into eight energy classes according to the energy scale from A+ to G, with A+ denoting the most energy-efficient and G the most energy-unfavorable class.
If you do not have an energy certificate, you can obtain one from authorized certifiers (legal or physical entities). The list of registered certifiers can be found on the Ministry's website .
Real estate agencies often offer a discount on this service, or it can even be free in certain cases.
Floor Plan
If you do not have a floor plan of the apartment or a condominium conversion plan, first contact the company that built it. In case the company no longer exists, you can get the floor plan from your local department of construction or the local branch of the State Archives. There is also an option to have a floor plan made. This service is offered by construction companies and real estate agencies.
Pre-contract
When buying real estate, it is common to sign a pre-contract in which the real estate is defined by stating the land registry data on the real estate (cadastral municipality, parcel number and land registry entry number in which the real estate is registered) and description of the real estate (for an apartment it is the address, floor, apartment number, description of the rooms of which it consists and the total area), price, date of concluding the final contract and payment of the down payment.
The down payment can be kept as cancellation fee - if the buyer withdraws, the down payment is retained by the seller, and if the seller gives up, he must pay the buyer double the amount of the down payment. The usual amount is ten percent of the value of the property. You need to notarize pre-contract with a notary public.
Purchase and Sale Agreement
Purchase and sale agreement, in addition to everything stated in the pre-contract, usually includes the date of transfer of real estate in the possession of the buyer as well as the seller's guarantee that the property does not have the rights of third parties. It is recommended that you entrust the drafting of a (pre-)contract to a lawyer to make sure that you are well protected.
Notarize the purchase and sale agreement in several copies with a notary public. One copy of the contract:
• remains with the seller
• remains with the buyer
• remains with the notary
• is submitted to the land registry department of the competent municipal court when proposing the registration of ownership
• is submitted to the tax administration when filing real estate sales tax
• is submitted to the bank if you are buying a property with housing loan.
If you are buying a property with a bank loan, you will beforehand solemnize the contract with a notary public, and the bank will register a mortgage on the property.
Proposal for Registration in the Land Register
The right of ownership of real estate on the basis of a purchase and sale agreement is not acquired automatically, but by registration in the land register.
The proposal for registration in the land register is submitted to the land registry department of the municipal court where the real estate is located. Also, it is possible to submit an electronic proposal for registration in the land register, regardless of where the property is located, through all notaries in the Republic of Croatia and through lawyers who have requested such a possibility.
The proposal should contain the elements prescribed by Article 109 of the Land Registry Act (Official Gazette 63/2019), and the form and content of the registration proposal forms is prescribed by the Rules on the Land Registration Procedure Forms (Official Gazette 123/2004).
The right to submit a proposal is prescribed by the provisions of the Land Registry Act. In the case of a proposal for the registration or pre-registration of a right, then the proposal may be made by a person who would thereby acquire, change or lose that right. E.g. in the case of a sale it is the seller and the buyer.
Proof of Citizenship of the Buyer
Proof of citizenship of the acquirer of the real estate can be a copy of the birth certificate, identity card or passport.
Foreigners can buy real property in the Republic of Croatia or rather acquire titles over real properties if they are nationals and legal entities of the states with which there is a reciprocity for acquiring titles over real properties in the Republic of Croatia, with the prior consent of the Ministry of Justice of the Republic of Croatia.
The nationals and legal entities from the European Union member States may acquire titles over real properties under presumptions applied for acquiring titles for the Republic of Croatia nationals and legal entities with the seat in the Republic of Croatia, except for real properties in excluded areas: agricultural land determined by a separate law.
Proof of Payment of the Fee
The fee for registration of ownership rights is charged according to the tariff prescribed in the Decree on the Tariff of Court Fees (Official Gazette 53/2019), so a fee of HRK 50.00 is paid for the submission requesting entry in the land register or deletion from the land register, and a fee of HRK 200.00 shall be paid for the registration or pre-registration of property rights and other real rights. If, based on one proposal, several rights are registered in favor of one person with the same court, the fee is paid for the registration of each right separately.
For electronic submission of a proposal for registration, a court fee in the amount reduced by 50% is to be paid in relation to the prescribed court fee for submitting a proposal for registration (Article 7 of the Court Fees Act, Official Gazette 118/2018).
If you do not submit a proposal for the registration of ownership rights within 60 days from the day of acquiring the conditions for registration of this right in the land register or the Book of Deposited Contracts, you will be charged a fee in the amount of five times.
In case you are exempt from paying the court fee, attach proof of that.
Conclusion
You are now informed about all the documents you will need in the process of buying and selling an apartment. Given that this is a large and serious transaction, we suggest that you hire an expert - a real estate agent and/or a lawyer, who will greatly facilitate the whole process with his professional knowledge and experience.
You can find a list of agencies and agents working in the region of Croatia that interests you at the link.
Good luck!
