How do I confirm a property's legal status?
Quick Answer:
Your lawyer requests an official extract (List nepokretnosti) from the Real Estate Cadastre, which shows current ownership, any mortgages or liens, property boundaries, and legal description. The notary also verifies the seller's identity and legal capacity. This due diligence typically takes a few days and costs around €18-25 for the cadastre extract.
You confirm a property's legal status primarily by checking the Real Estate Cadastre and key permits.
Core steps include:
- Obtaining an up-to-date List nepokretnosti showing the parcel/unit, registered owner(s), and all encumbrances (mortgages, liens, disputes, easements, annotations)
- Confirming that the seller exactly matches the registered owner and that there are no unresolved disputes or restrictions that prevent sale
- For buildings and apartments, verifying that the property was built with the appropriate building permit and, where required, has a use/occupancy permit
- Comparing the physical layout and co-ownership plan with the registered data to ensure that what is being sold is correctly registered
Your lawyer and notary will normally handle these checks, but as a buyer you should always request to see and have the cadastre extract explained to you in plain language.
Sources:
Law on State Survey and Cadastre; Law on Property and Ownership; municipal urban-planning rules and building/use-permit regulations; NT Realty transaction experience
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