Property purchase

Objavljeno u Informacije

Owning a piece of paradise in beautiful places like Hvar Island can give you a dream home - but, done wrongly, it can be a nightmare!

Property buying in Croatia used to be a relatively straightforward affair. A single lawyer might represent both seller and buyer in preparing the sales contract, and subsequently securing the buyer's ownership on the Land Registry. The same lawyer might also act as estatte agent, matching potential buyers with local vendors. By and large, the system worked well, with honesty, integrity and transparency on all sides.

In the early days of Croatian independence after 1990, foreigners were not allowed to buy residential properties or land plots in the Republic. As always in Croatia, there were ways around the restriction. Foreigners determined to buy could make long-term 'leasing' agreements, usually over 99 years, with a clause stipulating that the agreement would become a sales contract at such time as foreigners were allowed to own property in the country. Another possibility was to buy in the name of a trusted Croatian friend. At the beginning of the noughties, the situation changed, and foreigners were allowed to own property under certain conditions. Firstly, there had to be reciprocal agreement between Croatia and the buyer's home country: if Croatians were not allowed to buy property there, conversely citizens of that country could not buy in Croatia. Eligible individuals had to seek Ministry permission, a process which could take many months during a phase when two Ministries were involved. To avoid this, or if potential buyers were not eligible for the permission for some reason (for instance a criminal record in their home country), they could form a Croatian company and buy their property in the company name. This process had some drawbacks, not least the need to file detailed accounts annually, and the risk that the property would be lost if the bureaucratic procedures were not totally fulfilled year on year. Apart from that, closing down a company is a protracted and expensive business in Croatia.

In 2019 it is still the case that property ownership by foreigners depends on reciprocity agreements. For American citizens, some states do have reciprocity with Croatia, others don't. You can find a list of countries and American states which have agreements on the official website, which gives information (in Croatian) on how foreigners can apply to own property in Croatia. The website was updated in October 2018. In the right-hand panel under 'Dokumenti' is a Word document with the current list, which you click on to download. It too is in Croatian. The categories are 'uzajamnost postoji' - 'reciprocity exists'; 'bez ograničenja' - 'unlimited'; 'uzajamnost postoji uz uvjet stalnog boravka u Republici Hrvatskoj' - 'reciprocity exists on condition that the applicant has permanent residence in Croatia'; 'uzajamnost ne postoji' - 'no reciprocity'; 'utvrđivanje u tijeku' - 'confirmation in process';  and various other conditions and restrictions are detailed. The American states which have reciprocity are listed under 'SAD' (Sjedinjenje Američke Države'). For eight states at the end of the list, ownership is conditional on permanent residence.  

There were all sorts of pitfalls for the unwary or naive foreign buyer, and 'caveat emptor' still applies. Unscrupulous sellers and a few lawyers spotted the chance to make money selling properties which did not have clean title, among other unsavoury tricks. They were helped by the fact that property ownership was often not kept up to date in the Land Registry records. Sometimes properties were inherited among family members who simply did not bother to register the changes formally, as everyone knew what belonged to whom. Some cases involved outright fraud, with people selling properties to which they had no claim whatsoever. A suspicious buyer would be reassured by promises that the papers would be cleaned up 'quickly'. The smooth promise of "No problem / nema problema" should be a warning to any buyer that there could be years (or an infinity) of legal struggle ahead, with no guarantee of the right outcome. And then there were cases of people selling properties which had been built illegally, or selling non-residential structures as residential. Although sales contracts were (and are) supposed to be translated for foreign buyers, it is surprising how many did not insist on this, often falling victim to crafty changes between their precontract and the final sales contract. Estate agents were not regulated in the early days, so one could not always rely on them to provide correct information for safeguarding the buyer. To name but a few of the hazards.

What the buyer needs to know

All properties have a plot number, which may be a land plot (čestica zemljišta) or a plot with a building on it (čestica zgrade). Properties should have clear title, and any necessary permits or certificates, such as a Usage Permit (Uporabna dozvola) and Energy Certificate (Energetski certifikat). The requirements change from time to time.

The Land Registry (Zemljišna knjiga) holds the records of current and past owners of all Croatian properties. Proof of ownership is an up-to-date officially stamped Ownership Document (Vlasnički list), which also gives details of any charges on a property, or shared facilities such as access through rights of way. The Ownership Document also shows if there are any Court proceedings in hand relating to the property, for instance Probate procedures for inheritance, or any disputes which might affect the ownership.

The Cadastar (Katastar) in each region of Croatia holds the maps showing all properties, with details of where specific plots are situated, their boundaries, and how big each plot is. The Cadastar issues a Possession Document (Posjedovni list) showing who is using the plot. This should tally with the Ownership Document, but sometimes does not.

Nowadays, as a first step, one can check whether a property has clear title online on the Land Registry and Cadastar websites (detailed instructions in English are given in these linked articles). This will reveal straight away if there are potential problems concerning the property being offered for sale. However, it is not foolproof, and does not provide a definitive proof of ownership, as the internet entries are not always completely up to date. Internet print-offs (like unverified photocopies) are anyway not valid for Court purposes.

A potential buyer should check whether he/she has the right to own property in Croatia. Croatia's entry into the European Union in 2013 simplified the issues for most EU citizens, but there are still many countries in the world whose citizens do not have the automatic right to individual property ownership. Ownership of agricultural land is srill restricted for foreigners, but that is set to change for EU citizens in the next few years.

When a sale is agreed, there is normally a Precontract (Predugovor), on the basis of which a deposit is paid. The buyer can nominate a lawyer to sign the contract on his/her behalf through a Power of Attorney (Punomoć). It is wise not to pay any monies at all, unless it is certain that the sale can proceed without delay to the final contract (Kupoprodajni ugovor). When the final contract is signed, the seller's signature has to be verified by the Notary Public (Javni bilježnik). The buyer can sign the Contract in advance. Once both parties have signed, the final part of the purchase price is paid to the seller, either directly or through a bank.

The lawyer acting for the buyer then presents the Contract to the Tax Office (Porezna uprava), which will bill the buyer for 5% of the purchase price. If the tax authorities consider the purchase price on the Contract to be too low, they will estimate the property value according to their own tariff. Once the tax demand has been issued, it has to be paid promptly. If the Tax is paid late, interest will accrue, which can mount up alarmingly if left unchecked. The Tax Office does not notify late-payers of the continuing liability until it gets to the stage of issuing Court orders for payment. By that time the interest will have been augmented by costs. Therefore, once the Purchase Tax has been paid, it is wise to check with the Tax Office that the debt has been fully cleared.

The buyer's lawyer also simultaneously presents the sales Contract and supporting documents to the Land Registry for entry into the books. Payment of the Purchase Tax does not guarantee that the application will be accepted. However, if due care has been taken over the purchase, registration is simply a matter of time. Once the buyer has been registered as official owner of the property, the last step is to register Possession in the Cadastar. This is straightforward, but if the buyer has no-one to help with the language, it is best to engage the lawyer to carry out this task too - it doesn't happen automatically.  

© Vivian Grisogono MA(Oxon) 2016, updated 2017, 2019.

Nalazite se ovdje: Home Property ownership

Novosti: Ekologija.hr

  • First Atlantic hurricane of the 2026 season makes landfall in the US

    Florida governor Ron DeSantis said no requests for search and rescue assistance had been received following Isaias, which he described as “cautiously, a good sign”.

    Speaking to Fox News, he said:

    I think that may be a sign that people heeded the warnings, took proper precautions. We sure would love to say we have not gotten a report of a fatality yet, and we’ll see what happens.

    There’s also a lot of hazards post-storm that people should be careful of, but so far we’ve had a lot of assets in place that have not been called on, which is a good sign. I’d rather be over-prepared, and not have to use them, than not have what you need.”

    Hurricane Isaias has weakened to a post-tropical cyclone early Saturday, the National Hurricane Center (NHC) said, after it made landfall in Florida and lashed the US Gulf Coast with heavy rain and fierce winds.

    The category 2 hurricane hit the coast near Destin, Florida, late Friday, with maximum sustained winds of 105 mph.

    The storm is expected to move across Alabama and into the Tennessee Valley, the NHC added, with maximum sustained winds decreased to near 35 mph.

    Continue reading...

  • Changing tide levels, shifting sands and hardened shorelines put waves at risk, affecting more than just surfers

    The climate crisis is coming for some of the world’s greatest surf breaks, submerging some as sea level rises and wiping out others as classic breaks get crushed against coastal developments.

    Analysis of dozens of famous waves in world surfing reserves (WSR) found more than three-quarters were at high risk because of changing tide levels, hardened shorelines and shifting sands.

    Continue reading...

  • Exclusive: Firms made more than £340m last year from processing industrial and commercial wastewater at sewage works that are unable to remove many chemical pollutants

    Water companies in the UK made more than £340m in revenue last year by pouring billions of litres of industrial and commercial wastewater into sewage treatment works that experts say are not designed to remove most chemicals, leaving pollutants to pass into rivers, seas and farmland.

    Water companies in England are required by law to take industrial wastewater and issue permits called “trade-effluent consents” that allow businesses to send it to sewage works, though water companies can refuse applications.

    Continue reading...

  • Lockerbrook, Derbyshire: Last week they were here, now they are not. Yet the details of their epic migration are still a mystery to us

    The sudden absence of something, even though you know it’s coming, can dent the heart a little. The Japanese, inevitably, have a phrase for it: mono no aware, the pathos of things – and by things, in this case, I mean house martins.

    Last week I had stood in the same spot, looking across the same valley. The weather then was much the same as it was today, low‑angled sunlight through patchy cloud lighting up the yellowing birch leaves and bronzing moors on the north-eastern slopes of Kinder Scout. It had picked out the spread wings of a buzzard a little below my eyeline, along with a haze of large insects, which in fact, I quickly realised, were house martins.

    Continue reading...

  • Marsala on island’s west coast badly affected after powerful storm approached from Mediterranean

    Two tornadoes have struck the coastal town of Marsala in western Sicily, injuring dozens of people, damaging buildings including a school, and overturning cars.

    A series of videos began to circulate on Friday morning showing two waterspouts approaching the Sicilian town from the sea as people braced for their arrival.

    Continue reading...

  • ‘The climate issue is the security issue,’ says Turkish minister at Pacific pre-Cop summit in Fiji

    Wealthy countries should spend far more on dealing with the climate crisis than the 5% of GDP promised by Nato members for defence because “the climate issue is the security issue”, the host of the next UN summit has said.

    But, in comments that are likely to prove contentious, the Cop31 president-designate, Murat Kurum, hedged on whether countries should try to repeat a previous agreement to “transition away from fossil fuels” – the primary cause of the climate crisis – when they meet in Turkey next month.

    Continue reading...

  • Installation of eight canopy bridges in Alta Floresta has enabled 15,000 safe crossings by animals including spider monkeys and marmosets – and more bridges are planned elsewhere

    By about 7am, with dense fog blanketing the landscape, Gabriel Falquetto had already come across several road-killed animals along the ES-164 highway in Brazil’s Espírito Santo state. The biologist was on his way to Kaetés private natural heritage reserve (RPPN) in the Atlantic Forest, where he monitors wildlife and roadkill.

    Then he spotted the lifeless body of a primate on the pavement. It was a buffy-headed marmoset (Callithrix flaviceps), a species listed as critically endangered on the International Union for Conservation of Nature red list. An estimated 2,500 individuals remain in the wild, making it one of the world’s most threatened primates.

    Continue reading...

  • Koos Bekker’s Newt estate encompasses luxury hotels, pubs and high street business, with local concerns including flooding

    When South African billionaire Koos Bekker bought an old country estate in a sleepy corner of Somerset to turn it into a luxury hotel, residents thought it was a sign their area was on the up.

    Walking through his peaceful manicured gardens, which feature a maze of apple trees twisted into perfect shapes using the espalier method, it’s easy to feel that all is well in this quiet, picturesque pocket of England.

    Continue reading...

  • As archaeologists find treasure trove along new floodplain, conservationists say another Nova Kakhovka would be ecocide

    On a warm September day, a group of underwater archaeologists and researchers were boiling water for tea on their campfire on the banks of the Dnipro River, tents pitched on the sandy shoreline. They were three weeks into an archaeological expedition of the waters around Khortytsia – a rocky island 12.5km long and 2.5km wide that lies just downstream of the city of Zaporizhzhia, in south-eastern Ukraine.

    High above the island, a Shahed drone whined on its way. A Ukrainian interceptor, and small-arms fire from the ground, tried, unsuccessfully, to bring it down. The archaeologists ignored it. This is life as normal, 28 miles (45km) from the combat zone in Russia’s war on Ukraine.

    Continue reading...

  • Almost a third of global greenhouse gas emissions are connected to food production. Does where you buy your fruit and vegetables still matter?

    • Change by degrees offers life hacks and sustainable living tips each Saturday to help reduce your household’s carbon footprint

    • Got a question or tip for reducing household emissions? Email us at [email protected]

    Food miles – the distance between farm, factory and plate – gained prominence in the early 2000s. The idea was that longer, more complex supply chains caused higher emissions than food sourced closer to home. The simple solution? Buy locally grown and shop nearby.

    The intervening decades have underlined other environmental concerns with the modern food system, from the emissions associated with animal agriculture to the problems of food and packaging waste.

    Continue reading...

Novosti: Cybermed.hr

Novosti: Biologija.com