You do not become the owner of real estate when you buy, inherit or acquire it in some other way. The right of ownership of real estate is not an automatic process, but is achieved by registration in the land register. Check how to register a property in the land register and what you need to pay attention to during this procedure.
What are land registers and what is the cadastre?
The Croatian system of registering real estate and the rights to it ensures the establishment of security in the legal transaction of real estate and the protection of the rights entered in the registers. The Croatian system of registering real estate and rights to it consists of two main registers. One of these registers is the cadastre, and the others are land registers.
The term cadastre refers to records that contain information about the particles of the earth's surface and buildings that lie permanently on the earth's surface or under it, and about special legal regimes on the earth's surface. The main institutions that keep cadastral records are the regional cadastre offices of the State Geodetic Administration and the City Office for Cadastre and Geodetic Affairs of the City of Zagreb.
Land registers differ from cadastres because they are public registers in which information about the legal status of real estate relevant for legal transactions is entered. Land registers consist of a general ledger and a collection of documents, and are kept in the land registry departments of municipal courts.
In 2003, the Joint Information System of Land Registers and Cadastres (ZIS) was created, which is part of the National Program for Sorting Land Registers and Cadastres, abbreviated as Organized land.
How to register the right of property ownership?
As we mentioned in the introduction, ownership of real estate is not acquired automatically, but by registration in the land register. You can reach the property in different ways. This can be through one of the legal transactions (purchase agreement or gift agreement), by a decision of the court or some other competent authority, by inheritance or by law. All the mentioned ways are the basis for acquiring the right to real estate. But none of these ways is an automatic confirmation that you have become the owner of the property. The right of ownership of real estate is acquired only by registration in the land register on the basis of documents that meet all general and special requirements prescribed by law.
The first step when registering real estate in the land register is the submission of a proposal for the registration of ownership rights, which is submitted to the locally competent municipal court that maintains the land register in which the property that was the subject of the legal transaction was entered. You can submit a proposal to the court electronically or through a notary public or a lawyer, as authorized users of the information system that is used in court operations. You can also submit the proposal directly to the court, and you can also send it properly completed by mail.
The elements of the proposal for the registration of ownership rights are prescribed by Article 109 of the Land Registry Act (Official Gazette, No. 63/2019), and the form and content of the proposal forms for registration are prescribed by the Ordinance on Forms in the Land Registry Procedure (Official Gazette '', number 123/2004). Although the title registration proposal will not be automatically rejected if it is not submitted on the mentioned form, it is highly recommended that you fill it out carefully anyway to avoid potential difficulties.
What documents are required for registration of property ownership rights?
In order to successfully register the ownership of the property, you must first submit the following documents to the court:
1. Completed proposal for registration of ownership rights in two copies,
2. original or certified copy or copy of a document on a legal transaction (purchase agreement, gift agreement, exchange agreement, etc.),
3. proof of citizenship of the acquirer of ownership rights (identity card, passport, residence card),
4. proof of payment of court fee or proof of exemption from payment of court fee.
The registration fee is determined and charged according to the tariff prescribed in the Decree on the Tariff of Court Fees (Official Gazette, No. 53/2019). Thus, based on the provisions of that decree, you will pay a fee of HRK 50 for a submission requesting entry in the land register or deletion from the land register, and a fee of HRK 200 for the registration or pre-registration of ownership rights and other real rights. If several rights are registered in favor of one person in the same court through one proposal for the registration of real estate ownership rights, a fee is paid for the registration of each right separately.
Do not forget to submit a proposal for registration of ownership rights, because if you do not submit it within 60 days from the date of acquisition of the conditions for registration of that right in the land register or the register of deposited contracts, you will be charged a fivefold fee!
Do the data in the cadastre and the land register have to be the same?
Even if the data in the cadastre and the land register are not the same, this is not a prerequisite for registration in the land register. In this case, the data presented in the land registry are considered, because they are authoritative for registry rights. (Article 10, paragraph 3 of the Law on Land Registers).
The changed cadastral number, shape, area or construction of the land are recorded in the land register based on the decision that the land registry court makes ex officio after the authority responsible for the cadastre submits to it the application sheet about the change in the land cadastre (Article 10, paragraph 4 of the Law on Land books).
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