Buying real estate is a long and often complicated process that contains many elements and steps that you must complete. One of the most important is related to the land registry (ZK) extract, and that is why we have prepared this guide on what a land registry extract actually is, what information it contains, but also who can apply for registration in the land register and how it is done.
What exactly is a ZK extract?
ZK or land registry extract is actually the only proof of ownership (or any other right) that can be the subject of registration in the land registry, and it consists of three parts. This document is most often used when buying real estate because it has the evidential force of a public document.
As stated, the land registry extract consists of three parts: sheet A (land title or inventory sheet), sheet B (ownership sheet or title sheet) and sheet C (bill of lading or bill of lading). In sheet A, the real estate is entered, i.e., its main characteristics: cadastral number, address, method of use, culture of the parcel, exact area, built-up area, etc. When concluding a sales contract, the data on the real estate in it must be identical to those specified in land register.
In sheet B, the ownership of the real estate is entered, either the ownership of the entire land registry body, or the ownership of a separate part of the real estate (apartment ownership), i.e. information about its owner, all changes related to ownership, and the owner's personal restrictions regarding the management or disposal of the land registry body (minority , guardianship, opening of bankruptcy, etc.). As with sheet A, when concluding a sales contract, the data on the land registry owner must be identical to the data from the seller's identity card, i.e., the data from the extract from the court register. Likewise, in the sales contract, it is recommended to specify the date of birth for a natural person, or the registration number of the entity for a legal entity, in order to avoid the possibility of identity replacement.
Sheet C contains information on whether the property is encumbered with the rights of third parties such as mortgage, lease, lease, encumbrance and many others. In the event that the real estate is encumbered, and when concluding the sales contract, it is recommended to state that the buyer is aware of the registered encumbrance, considering that the purchase of the real estate transfers the encumbrance to the new owner.
How to check information in land registers?
If you want to check the information in the land registers, you can do so for free online on the websites of the Ministry of Justice and Administration and the State Geodetic Administration, but you must know the number of the cadastral parcel and/or land registry insert and the name of the cadastral municipality.
Land register departments of municipal courts keep land registers and enter real and other rights on land in them, as well as facts about the legal status of real estate that are relevant for legal transactions. Land registers are public registers and everyone has the right to immediate access to the data kept in them, as well as the issuance of the ZK extract.
However, it is important to note that even though the land register is kept electronically and although the overview of the ZK extract is freely available to everyone, the printed ZK extract is not recognized as an official document. Only the certified extract from the competent land registry department of the municipal court has the force of a public document.
Who can apply for registration in the land register?
Since a right is registered or pre-registered by registration in the land register, then the proposal can be made by the person who would thereby acquire, change or lose that registered right: for example, in the case of a sale, it is the buyer and the seller. If it is a gift, then it is the givers and the recipient. In the event that it is an entry that has the significance of a note, then the proposal can be made by the person who has a legal interest in the implementation of that note, as well as by the person who is authorized by a special regulation (e.g. centers for social welfare in certain situations or the competent office of the state body administration in the event of the initiation of real estate expropriation proceedings, etc.).
If the proposal is made in the name of another person, then that person must be authorized to do so, which must be proven by a document. In the case of registration of joint rights, then the registration of these joint rights can be requested by any of the co-owners for the benefit of all.
How to submit a proposal for enrollment?
The proposal for registration can be submitted electronically, through a notary public and a lawyer. It can also be submitted through authorized users of the information system used in court operations or through the e-Citizens system, directly in writing or through an authorized postal service provider. The CC court is obliged to receive every proposal, regardless of whether it is suitable for registration.
A fee must be paid for each enrollment proposal. In the case of submission by electronic means, the fee is paid in the amount of half of the prescribed amount of the fee, as determined by the Decree on the Tariff of Court Fees.
There are numerous advantages if you submit a proposal for enrollment electronically through authorized users of information systems. For example, the proposal can be submitted regardless of which land registry court the registration is carried out, and the sealing of the proposal is possible immediately after signing the contract of sale, which shortens the time from the moment of signing the contract to the submission of the proposal for registration, increasing legal certainty.
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