Frequently Asked Questions
1. What is the difference between the cadastre and land registry?
The system of registering the real property and appertaining titles in the Republic of Croatia is based on two registers: cadastre and land registers. The cadastre is responsible for describing real properties while the land registry is responsible for titles over previously described real properties. Due to historical reasons, these two registers in the Republic of Croatia have not been kept concordantly so there are numerous situations where the actual title holders are registered in only one of the registers. For information on the cadastre, please contact the State Geodetic Administration (https://dgu.gov.hr), and for information on the land registers, please contact the Ministry of Justice (
www.pravosudje.hr).
2. What if there is a difference between the numbers of cadastral parcels in the cadastre and in the land registry?
If a real property is located in an area where there are differences in the numbers of cadastral parcels in the cadastre and in the land registry, or rather in a cadastral municipality where the renewal or land registry establishment has not been performed, it is possible to ask the in-line cadastral office about the parcel identification data for further proceedings.
3. How to register in the land register if the data in the cadastre and land registry are not harmonised?
The data harmonisation in the cadastre and in the land registry is not a precondition for registering in the land registers but, if the data differ in the land registry and in the land cadastre, the valid registration data is the data in the land registry, until they are changed (Article 10.3 of the Land Registration Act).
If the real property data is not harmonised between the land registry and the cadastre, then it is necessary to conduct harmonisation procedure between cadastre and land registry statuses. The modification of the cadastral number, form, surface area or degree of land development shall be implemented in the land register on the basis of the ruling passed by the land registration court ex officio after the body responsible for the cadastre has submitted an application report about the modification in the land cadastre (Article 10.4. of the Land Registration Act). Upon receiving the application report from the cadastre, the land registration court shall immediately indicate in the property section that a procedure has been initiated for the data modification. The application report is produced by licensed geodetic engineers and authenticated by the in-line cadastral office.
When the data is modified in the application report so that the change in the data on the form, surface area or degree of land development might affect the scope, content and viability of registration data, the land registration court can implement such a change only if the title holders gave their consent to implement these changes in a deed fit for registration (Article 145.4 of the Land Registration Act).
4. Land Database (LDB)
The Land Database (LDB) consists of real property cadastral data on the name of the cadastral municipality, cadastral parcel number, shape, surface area, degree of development and land use as well as land registry data on title holders, legal facts and personal relations. In the Land Database, cadastral data is under the jurisdiction of bodies in charge of the cadastre, while land registration courts are responsible for data on title holders, legal facts and personal relations.
ABOUT THE CADASTRE
1. What is the cadastre?
The cadastre denotes records containing the data on cadastral parcels, buildings and other structures permanently present on the land or under its surface, as well as the special legal status on the land surface. The cadastral records are kept by State Geodetic Administration regional offices and Zagreb City Office for Cadastre and Geodetic Works. The offices that manage the cadastre are generally known as cadastral offices or simply the cadastre.
The cadastral offices provide to the citizens various services, of which the most important ones are the following:
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issuing copies of cadastral maps
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issuing transcriptions/extracts of possessory sheets
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issuing extracts from the Land Database
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issuing various certificates and confirmations which are based on recorded cadastral data.
Apart from the above-mentioned, the cadastral offices review and confirm geodetic reports developed for citizens by the natural persons or legal entities having consent of the State Geodetic Administration to perform professional geodetic works.
The procedures conducted at cadastral offices are stipulated by the Law on State Survey and Real Property Cadastre (OG nos. 16/2007, 152/2008, 124/2010, 56/2013, 121/2016 and 9/2017).
2. How can I obtain a copy of the cadastral map or possessory sheet at the cadastre?
A copy of the cadastral map or possessory sheet are public deeds issued at request at cadastral offices that charge the stipulated administrative fees and real costs, all in accordance with the Administrative Fees Act, Decree on Administrative Fee Tariffs and Rulebook on Determining the Amount of Real Costs for Using State Survey and Real Property Cadastre Documents.
Citizens can request and download public deeds even without going to a cadastral office through the „ONE STOP SHOP“ system (OSS) https://oss.uredjenazemlja.hr and by logging onto the e-Citizens system.
More detailed instructions on using OSS for the purpose of submitting requests and downloading public deeds (cadastral map copy, transcription/extract from a possessory sheet and Land Database extract) may be seen in a video available at: https://dgu.gov.hr/zajednicki-informacijski-sustav-zemljisnih-knjiga-i-katastra/161 or the
www.uredjenazemlja.hr home page.
The public deeds downloaded electronically are signed by electronic signature with additionally printed QR code and code for verifying the veracity of documents.
When a request is submitted electronically, several different public deeds can be requested with one request from various cadastral offices.
3. What is the cadastral map?
Cadastral offices keep and maintain the cadastral municipal documentation whose integral part is the cadastral map. The cadastral map is kept digitally in the Real Property Registration and Cadastre Joint Information System. The cadastral map shows cadastral parcels with their boundaries, as well as the buildings constructed on them and the numbers of cadastral parcels.
4. What is the cadastral map copy?
The cadastral map copy is a public deed proving the manner in which a cadastral parcel is shown in the cadastral map.
5. What is the transcription of a possessory sheet?
Cadastral offices keep and maintain the cadastral municipal documentation whose integral part are also possessory sheets. The possessory sheet contains the data on the persons recorded on the possessory sheet as well as written data on cadastral parcels (number, address, land use, development, surface area).
The transcription/extract from a possessory sheet is a public deed proving the manner of alphanumerical data describing a particular cadastral parcel and the person recorded in the cadastre.
The written data on cadastral parcels presents the basis for land registration management.
6. What is the cadastral parcel?
The cadastral parcel is part of a cadastral municipality determined by the cadastral parcel number and cadastral parcel boundaries. Cadastral parcels are limited by boundaries or other borders determined by the legal status of the land defined by special regulations.
7. What is the cadastral municipality?
The cadastral municipality is the basic spatial unit for which cadastral municipal documentation (operate) is produced. The cadastral municipality, as a rule, encompasses the area of one settlement and the land belonging to it.
8. What is the cadastral survey?
Pursuant to Article 27 of the Law on State Survey and Real Property Cadastre (OG 16/2007, 152/2008, 124/2010, 56/2013, 121/2016, 9/2017), the cadastral survey is collecting and processing of all required data aimed at establishing cadastral parcels, recording buildings and other constructions, recording special legal regimes on the land and land use as well as producing real property cadastre municipal documentation. A cadastral survey is conducted for an entire cadastral municipality or a part of it and, as part of it, the following data is collected and processed:
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data regarding borders and other boundaries,
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data regarding the address of the cadastral parcel,
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data regarding the usage of the cadastral parcel and its parts,
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data regarding the surface area of the cadastral parcel and the areas of the cadastral parcel which are used differently,
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data regarding the special legal status governing the cadastral parcel.
Within cadastral surveys for buildings and other structures, data about their position and shape, their house numbers and their usage is collected and processed, as well as data whether the building or other structure can be used in accordance with construction regulations. Within the cadastral survey procedure, the data on real property title holders is also gathered on the basis of available documents (land registers, the land cadastre, etc.) as well as from the statements made by the interested parties. The data on real property title holders gathered through cadastral surveys are supporting data used for public review of the cadastral survey reports.
9. What are the consequences of not marking cadastral parcels as part of cadastral survey procedures?
Pursuant to Article 45 of the Law on State Survey and Real Property Cadastre (OG 16/2007, 152/2008, 124/2010, 56/2013, 121/2016, 9/2017), if a title holder over land fails to mark the borders of the land he or she owns, the marking shall be performed at his or her cost. Errors that arise from failure to demarcate the property boundaries will be corrected at the expense of the real property title holders.
10. How to access the cadastral data?
Cadastral data is public and everyone has the right to access this data. Access can be had at a jurisdictional cadastral office where, during office hours, you can obtain access into the cadastral data under the jurisdiction of that particular cadastral office.
Access into data can be made also through the website at
http://www.katastar.hr or through OSS at https://oss.uredjenazemlja.hr.
The website allows for cadastral data to be searched by cadastral parcel number of possessory sheet number. You are enabled to view a cadastral parcel on the cadastral map and the status of a particular case can also be determined.
The cadastral map can be viewed also on the State Geodetic Administration Geoportal at http://geoportal.dgu.hr/, representing a central access point to spatial data under the jurisdiction of the State Geodetic Administration such as e.g. orthophoto maps for the entire Republic of Croatia, spatial units register data, topographic maps etc.
11. What is cadastral map homogenisation?
In the Republic of Croatia, cadastral data, maintained on the datasets dating back to the Austro-Hungarian Empire, are still being used. Given that the cadastral municipal documentation (new cadastral surveys and technical reambulation) renewal procedures are extremely expensive and long and that the cadastral municipal documentation renewal or rather the final quality improvement of cadastral data solely by the data of the new cadastral survey and technical reambulation for the entire RoC would take dozens of years, the SGA has initiated a number of activities regarding cadastral map homogenisation kick-off procedures.
The cadastral map homogenisation is one of the cadastral data (cadastral map) quality improvement procedures that is significantly faster and more economical. Homogenisation is aimed at ensuring better cadastral map quality which will facilitate cadastral municipal documentation maintenance and also the production of geodetic reports by licensed geodetic professionals. Furthermore, it will also enable clearer proceedings for cadastral offices to be defined as well as their standardisation which will, in the end, allow not only for a more efficient and better work of public administration but also multiple benefits for users (instead of filing applications and complaints due to „bad“ status of cadastral data, the real property title holders will be stimulated to regulate their real properties in an easer way), strategic project planning (homogenisation will enable a better overall review of the cadastral data status in the RoC as well as targeted implementation of cadastral surveys, technical reambulation and further homogenisation), policy development, spatial data use, statistical production, spatial change illustration and future planning.
12. Special legal regimes (SLR)
Special legal regimes (SLR) are statuses established on cadastral parcels or real properties in line with special legislation that are of particular culture, historic, economic and ecological significance for the Republic of Croatia and enjoy its special protection.
CADASTRAL PROCEDURES
13. How to change the data on cadastral parcels?
The cadastral data describing cadastral parcels can be changed only on the basis of a geodetic report and administrative decision passed by the cadastral office. The decision is passed according to the administrative procedure rules and the registered title holders must be informed about each change of the data modifying the cadastral parcel data by having the decision delivered to them. Only after the decision becomes enforceable will cadastral offices also change the data in the cadastral municipal documentation.
14. How can a cadastral parcel be recorded in the cadastre?
If a physical planning act or document allows subdivision of construction land for the purpose of forming a construction parcel, the subdivision report will be developed for you by a licensed geodetic company to record this cadastral parcel. Before the cadastral office approves the report, the geodetic company will obtain a certificate proving that the construction parcel has been formed in accordance with the physical planning act or document by which the forming of parcel has been anticipated. The cadastral office confirms that the subdivision report has been developed in accordance with the geodetic and cadastral regulations and that it can be used for cadastral purposes. In order to implement the report, a special request needs to be submitted to the cadastral office.
15. How can the data on persons recorded in possessory sheets be changed in the cadastre?
The cadastral office passes an administrative decision also for recording owners in the possessory sheets and the change is performed according to the rules stated also for changing the data on cadastral parcels.
The owners can also be registered in possessory sheets on the basis of land registry office, ex officio. The cadastral office will not inform you separately about this because you will have received already the decision of the land registry office.
16. How can I record a building in the cadastre?
Buildings and other structures can be recorded within the cadastral parcel or within construction rights. The data on buildings and other structures in the cadastral municipal documentation may be recorded and changed only on the basis of a geodetic report and administrative decision passed by a cadastral office in a manner already described. The report may be accompanied with the corresponding usage document.
17. How to record a change in land use of a cadastral parcel in the cadastre?
In order to change land use of a cadastral parcel, you may address, apart from the licensed geodetic companies, also a cadastral office whereby cadastral employees go in the field and produce the relevant geodetic report.
18. Actions of the parties after obtaining the Decision on the As-Built Status (izvedeno stanje)
After a decision on the as-built status is passed for a structure, it can be recorded in the cadastre. The cadastral office shall record the completed building in the cadastral municipal documentation after it has produced the relevant report to record the building and passed the administrative decision in a manner already described.
Together with the documents stipulated by separate regulations for recording a building in the land registers, the cadastral office shall submit ex officio the decision on as-built status to the corresponding court. The corresponding court shall, when recording it in the land registers ex officio, put a flag in the property section that the decision on as-built status has been submitted, and state the name and identification of the document.
ABOUT LAND REGISTERS
1. What are land registers and what are they composed of?
Land registers are public registers where the data on legal real property status of merit for legal transactions are recorded. Each land register consists of the main register and a collection of deeds.
2. What is the main register?
The main register is the part of land registers in which the real properties are registered, as well as changes occurring on real properties, real rights on the properties, and any changes of these rights. The main register records all lands of a cadastral municipality and consists of land registration files.
3. Who keeps land registers?
Land registers are kept by land registries of municipal courts in the Republic of Croatia.
4. What is a land registry extract (title sheet, land registry extract, land registration extract)?
A land registry extract is a public deed issued on registration status of an entire registered real property unit or a particular registered real property unit while the data stated on the extract must be literally identical with the main register entries.
5. What purpose does a land registration extract serve?
The land registry extract shows factual and legal status of a real property at the moment the extract was issued and it is the only proof of a title over a real property. Based on the land registry extract, all legal business transactions regarding real properties are concluded (gift contracts, sale agreements, lien); the extract as a proof is also required in some other procedures (e.g. report of residence or domicile, obtaining some other right).
6. How and where can I obtain a land registry (land registration) extract?
The official land registry extract (land registration extract) is issued by municipal courts at the Republic of Croatia (land registry/land registry office), regardless of the local jurisdiction or rather regardless of the cadastral municipality in which a land registry parcel, for which the extract is sought, is located. Also, land registry extract can be obtained at the office of a lawyer or public notary who have asked for and obtained the afore-mentioned option at the Ministry of Justice as well as by logging into the e-Citizens system. In order to obtain the extract, one must know the number of cadastral parcel and cadastral municipality where the requested plot/parcel is located. If you do not know the parcel number, the data may be obtained by searching the alphabetical directory of owners at the land registry office or corresponding cadastral office having the data on parcel possessors as well as the position of parcels on cadastral maps. If a real property is located in a cadastral municipality containing different land registry and cadastral data on the parcel number and you only know the cadastral number, it is necessary to request parcel identification at the cadastral office. In order for the land registry office to issue an extract, a fee amounting to HRK 20 is charged and for other manners of extract issuance, the fee stipulated by the Rulebook on Technical and Other Criteria for E-Business in Land Registry (OG 119/2015 and OG 23/2017 – Rulebook on Amending the Rulebook on Technical and Other Criteria for E-Business in Land Registry).
7. Can I obtain the land registry extract for a parcel I do not own?
Yes you can because land registers are public registers and anyone can ask to access a land register and obtain extracts from it.
8. In what manner can I file an application for registering in land registers?
The application for registering in land registers is filed at the land registry office of the municipal court in whose jurisdiction the real property is located. Also, it is possible to file an electronic application for registering in land registers by using any public notary in the Republic of Croatia and lawyers having asked for such an opportunity. The fee for registering is charged according to the tariffs stipulated by the Law on Court Fees, Rules and Regulations on Temporary Public Notary Tariff and Tariffs on Awards and Cost Compensation for Lawyers.
9. Which documents are required to transfer titles in land registers based on a sale of a real property?
In order to record a title based on a sale of a real property, the following documents are required:
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application
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a notarised sales agreement (original or authenticated copy)
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a proof of citizenship for the person acquiring a real property (certificate of nationality, personal identification document, passport)
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a fee of HRK 250 or proof of exemption from paying court fees.
10. What is the Permission/Statement to Register the Property Clause?
The Permission/Statement to Register the Property Clause is a document whereby the seller states that the real property has been fully paid and that he or she allows the buyer to register the title in land registers. The seller must issue the Permission/Statement to Register the Property Clause to the buyer if the buyer has performed his or her obligations in an orderly manner or rather paid the contractual price. The Permission/Statement to Register the Property Clause may be part of the sales agreement or may be issued as a separate document. It can also be conditional (e.g. the buyer is allowed to record the title upon the payment of the sales price) or unconditional (e.g. the buyer is allowed to record the title without any further consent). The Permission/Statement to Register the Property Clause must be notarised.
11. Who may file an application for registering in land registers?
The right to file an application is stipulated by provisions of the Land Registration Act. If the application in question is to record or pre-record a title, then the application may be made by the person that would thus acquire, change or loose the registration right e.g. in case of a sale, it is the seller and buyer and in case of a gift, it is the giver and gift receiver. When the application in question is to record any type characterised as recordation, then the application may be made by the person having a legal interest in implementing the recordation (e.g. recordation of a dispute on a registration right). The application for recordation may be made also by the person authorised to do so by a separate regulation (e.g. social security centres in cases envisaged by separate legislation – for complete or partial alienation of legal capacity of a land registration owners or for recording protracted parental right; the corresponding State administrative office – for e.g. initiated procedure of seizing a real property etc.)
12. What is the legislative deadline for passing a decision in a land registration procedure?
The new Land Registration Act (OG
63/19) defines the land registration procedure as an urgent procedure( Art. 97) stipulates the new deadlines for passing decisions in regular and special land registration procedures. Thus, for
regular procedures (e.g. title registration, lien registration – mortgage) the stipulated
deadline for passing decisions is 15 days (Art. 115) while with special procedures (land registry establishment, renewal and supplementation, sporadic land registry transformation, sporadic corrective procedures and linking the land registers and the Book of Deposited Contracts), the deadlines stipulated in Part IV of the Law, under Special Land Registry Procedures, apply.
13. What is the flag (plomba)?
The flag denotes of a received but still pending application serving as the basis for requesting implementation of a particular land registration entry. On the Ministry of Justice website, it is possible only to see whether a land registry file is flagged (so-called active flag) but it is not possible to see what the flag refers to. When the extract is requested at a corresponding land registration court, it is possible to ask for an extract containing all flags that will show the data on who has proposed the registration and what kind of registration is involved.
14. What is a land registry file?
The land registry file is an integral part of the main register, recording a real property unit and changes to it as well as real and other registration titles with regards to the registered real property unit and changes to these titles. Each land registry file comprises a property section (Sheet A), ownership section (Sheet B) and encumbrances section (Sheet C).
Should any co-owner so request, a sub-file, as an integral part of the land registry file, shall be opened for his/her proportional share. Any such sub-file comprises a property section, ownership section and encumbrances section.
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The property section is used for the registration of all constituent parts of registered land units, as well as all such proprietary rights as may exist in favour of registered real property units or any proportional share in co-owned (ideal) registered land units. The property section also records all cadastral changes pertaining to any registered land unit (modifications in the number, name, surface area, development level of a cadastral parcel, etc.).
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The ownership section records the title over the entire registered real property unit and such restrictions as may personally be imposed on the owners as to his or her powers to manage or dispose freely of their registered real property units or shares in co-owned real property units.
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The encumbrances section holds records of real and other rights that burden the real property (e.g. mortgage, usufruct, residence title, usage title, road servitude, etc.).
15. How can land registers be searched on the internet?
If the main register is searched, the land registers can be searched by name of the cadastral municipality and cadastral parcel or land registry file. If the book of deposited contracts is searched, the search is possible by cadastral municipality name or sub-file number. Therefore, it is not possible to search by name and surname, address and other data.
16. What is the land registration extract with history?
It is a public deed that, apart from the current status of the real property and registered titles, contains also all the preceding changes.
17. Is the paid tax for real property transactions a precondition for registering in land registers?
The paid tax for real property transactions is not a precondition for registering in land registers.
18. How can the data on residence (address) of registered owner be changed?
If a natural person has changed its residence since the moment of registration in land registers, it is necessary to obtain a certificate from the responsible police station about residence change, clearly showing the change. For legal entities, the court register extract with history, issued by the corresponding commercial court, is of merit. If the street has changed its name on the basis of a decision passed by the municipality or town that has been published in the official gazette or has been enforced in another legally defined manner, the land registration court shall implement the change based on the decision thus passed by the municipality or town, only at the request of the party. A fee amounting to HRK 50 is charged for the application to change residence.
19. How to change the data on name and/or surname or name of the legal entity?
The data on the name and/or surname of a natural person can be changed based on the birth certificate issued by the corresponding registry office. The birth certificate states all the relevant data on the person (date of birth, parents' names, marital status). If a legal entity has changed its name or form, it is necessary to submit an extract with history from the corresponding commercial court registers. A fee amounting to HRK 50 is charged for the application to change the name, surname or company name.
LAND REGISTRATION PROCEDURES
20. Can a contract be concluded on the basis of the extract of a verified file from the Ministry of Justice official website?
Verified land registry files of purely informative character but not having the probative force of a public deed can be searched on the Ministry of Justice official website. Land registry extracts issued and authenticated by any municipal court in the Republic of Croatia, regardless of the local jurisdiction, enjoy public trust and have the probative force of a public deed. Also, the same force have the land registry extracts issued and authenticated by a lawyer and public notary as well as the extracts obtained by the citizens when logging into the e-Citizens system.
21. Who can represent a party in a land registration procedure?
In the procedure before a land registration court, the party may be represented by:
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attorney at law
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the person employed by the party, if having full legal capacity and
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blood relations in direct line, brother, sister or spouse, if they are fully fit for work and if they are not involved in illegal practice of law
Exceptionally, the party may also be represented by a public notary but only if the application is directly linked to the deed compiled by that particular public notary. When the application is filed by a proxy, it should be accompanied by a power-of-attorney in a stipulated format.
22. I have concluded an agreement on buying the land on the basis of a possessory sheet. Can such an agreement be implemented in land registers?
Such an agreement can be implemented in land registers only if the data in the contract completely match the data on the real property and owner (seller) kept in land registers. However, it often happens that e.g. the property is bought according to the land cadastre (possessory sheet) status or some previously compiled public or private deeds (sales agreements, inheritance decisions et al.), after which the sales agreement cannot be implemented in land registers. It is possible that the possessor and owner of a parcel are different persons or it can happen that the land data mismatch in the parcel number or land surface area. Given that the procedure before a land registration court is strictly formal, the court is obliged to cake care, inter alia, that the data on the real property and owner recorded in the agreement are identical to those in land registers so it is possible that, if these data mismatch, the application to record ownership based on such an agreement be rejected. For safe legal transactions, it is necessary that each legal transaction be concluded only according to the data on the real property and owner kept in land registers.
23. To what must attention be paid when compiling an agreement transferring titles over a real property?
When compiling the agreement, attention must be paid that:
a) the data on the land registration owner (kept in the extract section marked with capital letter „B“ – ownership section) be identical to the data on the personal identification card of the seller (for a natural person: name, surname and address of residence) or rather the data from the court register extract (for a legal entity): full name and seat). With legal entities, a court register extract is mandatory for the seller in order to determine who is authorised to sign the agreement if the authorisation has not been determined by a public notary in accordance with the provisions of the Public Notary Act. If the data on the owner (seller, giver) are not identical to the ones from the personal identification car or court register extract, it is necessary to harmonise them before the contract conclusion. Also the data on the acquirer of a title (seller, gift receiver) must be accurately stated (according to the personal identification cart or court register data). For both parties, it is advisable to state the date of birth or, for the legal entity, subject register number in order to avoid the possibility of confuse identities.
b) real property data must be identical to the land registry data (located in the land registry extract section marked with capital letter „A“ – evidentiary sheet (popisni list)). The agreement must contain the name of the cadastral municipality, number of land registration file, number of land registry parcel, parcel culture and exact parcel surface area. Since there are still a great number of cadastral municipalities in RoC (e.g. Zagreb metropolitan area) where the cadastre and land registry data differ, it is advisable to state in the agreement separately the land registry data and the land cadastre data. If it is not possible to identify which land registry parcel matches which cadastral parcel, it is necessary to conduct harmonisation of these data. The identification data is issued by the body in charge of the land cadastre.
c) the land registry extract section marked with capital letter „C" - encumbrances section contains the data on encumbrances relating to the real property. When compiling the agreement, if the real property is encumbered, it is advisable to state that the person acquiring the title is familiar with the registered encumbrance.
24. How can I obtain the information about the real properties possessed by the person for the purpose of including them in the inheritance proceedings?
There is no single record about the personal assets from which such data can be obtained so it is necessary to contact the responsible court or regional cadastral office where the possible real property might be located in order to access it on the basis of the name and surname of the testator or rather double-check whether he or she is recorded in the records of these institutions.
25. How can the real property owners register on the property located in a municipality with no land registers?
When a land register has not been established for a particular cadastral municipality or does not exist for other reasons, the land registry offices in charge of the real property located in that particular municipality issue confirmations, instead of a land registry extract, proving ownership and such confirmations have the same validity as the ownership title and can be used by the person to buy a real property and register as the property owners by depositing the deed with the corresponding land registry office.
26. What if I am not satisfied with the decision?
If you think that the decision is not legal or that your rights have been violated, the law provides for a legal instrument that allows you to contest the court decision. Parties may file an objection or an appeal against the decision issued in the land registration procedure.
A dissatisfied party may file an objection against the decision of a licensed land registry clerk and court advisor while, against the decision on the objection, it may file an appeal. The objection or appeal may be filed within 15 days from the date of the decision delivery.
The objection or appeal cannot bring to light new facts or submit new documents.
27. What is entered into the book of deposited contracts?
Titles and other real rights over apartments located in the buildings not registered in the main register are recorded in the book of deposited contracts.
MISCELLANEOUS
1. What is the difference between the quality control procedure and supervision proceedings?
Quality control and its procedures relate to the operations of double-checking the spatial data quality and products as a results of State and cadastral surveys conducted by the State Geodetic Administration through contracts with natural persons and legal entities specially authorised to perform professional geodetic tasks according to a separate law, with regards to the technical specifications containing quality elements so deviations serving as the basis for defining quality criteria are allowed. Based on the results of the quality control the usability of the spatial data and products shall be assessed for further production (quality assessment) along with the proposals for placing the data and products in official use.
Expert supervision tasks relate to proceedings conducted by the State Geodetic Administration staff during the conduct of above-mentioned contractual obligations in the form of visits to survey locations or seats of natural persons and legal entities specially authorised to perform professional geodetic tasks. Apart from expert supervision, the State Geodetic Administration conducts also administrative supervision and inspections related to the supervision of the legality, work manner and conditions to be met by natural persons and legal entities performing geodetic activities.
2. Is it possible to freely use the maps in publications?
Parts of official maps may be publicly published with prior consent of the State Geodetic Administration. If maps found on the Geoportal browser are used, it is necessary to file a request addressed to the State Geodetic Administration (Gruška 20, 10000 Zagreb, c/o Director-General, Damir Šantek, Ph.D. grad. geod. engineer) and submit the part of the map to be published along with stating the data source in the publication.
If it is wished to use the maps in original resolution, it is necessary to file a request addressed to the State Geodetic Administration, Gruška 20, 10000 Zagreb, and state in the request that the maps will be used for public announcement. In such a case, the price for the maps stated shall be calculated in accordance with the Rules and Regulations on Determining the Actual Costs of Using Data Contained in the State Survey and Real Property Cadastre Documentation (OG 148/08, 75/09 and 51/13) or rather the unit price x coefficient of 2. The future publication should quote the data source.
3. I am currently writing a grad paper and require the State Geodetic Administration data. What is the procedure?
A certificate that the data will be used in scientific and research purposes shall be attached to the request for data issuance. The certificate must be authenticated and signed by the responsible person of the scientific and research or rather educational institution stated in the request. Please send the request and certificate at: State Geodetic Administration, Gruška 20, 10000 Zagreb. Pursuant to Article 12 of the Rules and Regulations on Determining the Actual Costs of Using Data Contained in the State Survey and Real Property Cadastre Documentation (OG 148/2008), you pay only 10% of the regular price.
4. What are subdivision and other geodetic reports?
They are professional and detailed illustrations of a change on land. Subdivision and other geodetic reports for citizens are developed by licensed geodetic companies, and they present the basis for changing the data on a cadastral map and in possessory sheets. Such a report can be used to form, for instance, a construction parcel or to register a house. When the cadastral office forms a cadastral parcel or registers a house, it notifies the land registry office about it, which then registers such a cadastral change, ex officio, in the land register.
5. Can foreigners buy real property in the Republic of Croatia?
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, with the exception of real properties in excluded areas: agricultural land determined by a separate law.
Article 2.2. of the Agricultural Land Act stipulates that the title holders over agricultural land cannot be foreign natural persons or legal entities unless otherwise defined by an international agreement and special regulation.
Given otherwise has not been defined by an international agreement and special regulation, for now foreign natural persons or legal entities cannot acquire a title over agricultural land in the Republic of Croatia by engaging in a legal transaction.
In accordance with the provisions of the Treaty concerning the Accession of the Republic of Croatia to the European Union, the European Union nationals cannot acquire agricultural land for the 7 years following the accession of the Republic of Croatia to the European Union, with the possibility of prohibiting it for 3 more years.
6. Which documents are required to obtain the consent of the Ministry of Justice to enforce titles over real properties in the Republic of Croatia and to whom is the request addressed?
A written request to obtain consent is filed directly at the Ministry of Justice writing office or sent by post to the following address: Ministry of Justice of the Republic of Croatia, Civil, Commercial and Administrative Law Directorate, Ulica grada Vukovara 49; 10000 Zagreb.
The written request should be accompanied by:
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a legal basis for acquiring the title (sales agreement, gift agreement, sustenance support agreement et al.) in original or authenticated copy
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proof of ownership of the seller/alienator of the real property in question or land registry extract, in original or authenticated copy, not older than six months
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confirmation of the administrative body in charge of urban and spatial planning, according to the location of the real property, on the real property legal status (whether the real property is within the borders of a construction zone envisaged by urban planning).
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proof of nationality of the acquirer (authenticated passport copy et al.) or proof of status for legal entities (court register extract), if the acquirer is a foreign legal entity.
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in case that the person submitting the request is represented by a proxy, a power-of-attorney should be submitted in original or authenticated copy
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if the person submitting the request has not determined the proxy to represent him or her and is abroad, he or she shall determine the proxy for receiving written notifications, having residence in the Republic of Croatia.
7. Is consent of the Ministry of Justice required to acquire real properties in the Republic of Croatia for the person living in Bosnia and Herzegovina but having Croatian citizenship?
The Republic of Croatia citizens may acquire real properties in the area of the Republic of Croatia regardless of their residence so it is not necessary to obtain the consent of the Ministry of Justice for this.
8. Must I resubmit the request for consent to acquire a title over the real property in case I do not buy the real property for which I have filed a request for consent to the Ministry of Justice?
The consent to acquire a title is decided pursuant to the party of a foreign national intending the acquire a title over a particular real property so you will have to file again a new request for consent regarding another real property for another legal transaction.