The apartment isn't registered, what now
What to do if the apartment you bought or live in isn't registered in the real estate cadastre.
What to do
When an apartment is not registered, it means that some other person (e.g., the previous owner or the developer) still appears as the owner in the real estate cadastre, even though you have a valid legal basis - most often a sale contract - to acquire that right. The first step is to check the exact state of the property sheet: who is registered, whether there are encumbrances or annotations, and whether the cadastral parcel/individual unit of the building has even been formed in the records at all. Registration of ownership is carried out on the basis of a document suitable for registration - in practice this is most often a contract certified (solemnized) by a notary public, though a final court decision can also serve as the basis.
For new construction, a condition that often blocks registration is the lack of an occupancy permit for the building - without it, the individual unit (apartment, business premises, garage space) usually cannot be entered as a standalone object of registration. If the building has since been extended without authorization, or has no construction permit at all, registration is generally preceded by a legalization procedure before the competent local self-government authority; the legalization decision then takes over the role of the occupancy permit for the purposes of further registration. Only once these conditions are met is the request for registration of ownership submitted to the competent real estate cadastre office, together with proof of the fees paid.
It is worth bearing in mind that the regulations governing cadastre registration occasionally introduce relief for older, formally imperfect documents (e.g., contracts from a period when certification was not required in today's form), so when reviewing your documentation it is useful to check whether any such relief applies to your case.
When to contact a lawyer
If your case is simple - a proper, uncontested contract, a building with an occupancy permit, no encumbrances - the registration request can often be filed by the notary who drafted the contract, without engaging a lawyer separately. A lawyer becomes necessary when something is missing: when the documentation is incomplete or contested, when the previous owner is uncooperative, when the building lacks an occupancy permit and the prospects and course of the legalization procedure need to be assessed, or when the cadastre has already rejected or dismissed the registration request once.
It is also worth getting advice before you pay anything or sign any additional statements, especially if someone (a developer, an agent) proposes a "temporary" solution instead of registration in your name - such solutions can leave your right unprotected against third parties.
Sources
What to do
- Check the current state in the real estate cadastre (property sheet) to establish who is registered as the owner and whether there are obstacles to registration (e.g., an encumbrance, a dispute, a mismatch between the cadastral and actual parcel).
- Prepare a document suitable for registration - most often this is a sale contract certified (solemnized) by a notary public, or a final court/probate decision if the basis is inheritance.
- For new construction, check whether an occupancy permit has been issued for the building - without it, the individual unit (apartment) generally cannot be recorded as a standalone object eligible for registration of ownership.
- If the building or apartment lacks an occupancy permit because it was built or extended without a permit, check the status of the legalization procedure with the competent local self-government authority - a legalization decision replaces the occupancy permit for registration purposes.
- Registration is normally started by the notary who drafted or certified the contract, who sends the document to the cadastre via the e-counter within 24 hours. If that has not happened, the registration request is filed via the e-counter through a professional user such as a lawyer, together with proof of payment of the national administrative fee and the cadastre service charge.
- Follow the progress of the procedure - if the cadastre office rejects or dismisses the request, an appeal against that decision can be lodged with the Republic Geodetic Authority, through the cadastre office, within eight days of receiving the decision.
What it costs
Besides any attorney's fee, the registration procedure carries a national administrative fee and a charge for the service of the Republic Geodetic Authority (RGZ); if the contract still needs to be solemnized, a notary fee is added as well. The RGZ fees and charges are adjusted periodically, so check the current amounts before filing. If a legalization procedure is needed, special legalization fees are added on top, the amount of which depends on the type and floor area of the building.
Basis for the attorney fee: Tariff item 27 of the Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata) (request for registration in the real estate cadastre where the right has a monetary value - fee based on the value of the property, as for a claim under item 13); item 28 for registrations with no monetary value (550 points) and item 30 for a legal remedy against the cadastre's decision.
FAQ
Can I sell an apartment that isn't registered in my name?
As a practical matter it is possible to arrange a sale by transferring the full chain of documentation (a so-called "chain-of-contracts sale"), but this carries additional risk for both buyer and seller, since the previously registered person still appears in the cadastre. The safer solution is to register the property in your name first, and only then proceed with a further sale.
What if the building was built without a construction permit?
In that case, registration of ownership is generally not possible until the building's legalization procedure has been carried out before the competent local self-government authority. The legalization decision then replaces the occupancy permit as the basis for further cadastre registration.
How long does the cadastre registration procedure take?
The law sets the deadlines: when a notary or another party obliged to submit the document sends it in, the cadastre office issues its decision within five working days, and it decides on a party's own request within 15 days, or five working days for mortgages and simpler matters (Art. 36 of the Law on the Procedure for Registration in the Real Estate and Utilities Cadastre). It takes longer if the request has defects that must be remedied or if it is contested.
Do I need a lawyer for cadastre registration if I have a proper contract?
For a simple, uncontested case, the request can be filed by the person themselves or by the notary who drafted the contract. A lawyer becomes useful when there is contested documentation, a missing document, the building lacks an occupancy permit, or the request has already been rejected once.