Laws

On this page you can find some articles from the law related to cadastre, construction and ownership.

Law on State Survey and Real Estate Cadastre (Official Gazette 16/07)

Article 18

The real estate cadastre is a record of land plots, buildings and other structures that permanently lie on or beneath the land surface, and of special legal regimes on the land surface, unless otherwise provided by law.

Article 20

The basic spatial unit of the real estate cadastre is the cadastral plot.

A cadastral parcel is part of the area of ​​a cadastral municipality, or a cadastral area at sea, determined by the cadastral parcel number and its boundaries.

The unique identifier of a cadastral plot consists of the registration number of the cadastral municipality, or cadastral area at sea, and the number of the cadastral plot.

The boundaries of a cadastral plot may be boundaries or other boundaries that determine legal relations on the land surface regulated by special regulations.

Within the boundaries of a construction area and on construction land outside the boundaries of that area, the boundaries of a cadastral plot may also be the boundaries of a construction plot, and on the seashore, the boundary formed by the mean high water line, or another line that serves to determine the boundary of a maritime property.

Article 38.

Buildings and other constructions are, in the sense of this Act, objects created by construction for which this Act or the regulations adopted on the basis of this Act determine that they should be recorded in the real estate cadastre.

Buildings and other structures can be recorded within a cadastral plot or within a building right.

Buildings and other structures may be recorded and displayed as separate if they form a separate technical-technological, or functional, unit.

In case of doubt whether it is one or more buildings, the construction documentation is decisive.

Buildings can be recorded and displayed if they are of a permanent nature and if their floor plan area is greater than 10 square meters.

Buildings whose registration is particularly important (e.g. transformer stations) as well as buildings used for housing can be registered and displayed even if their floor area is less than 10 square meters.

Buildings used for housing can be recorded and displayed as buildings if their first floor has been built and they are occupied.

Article 53

In the process of maintaining the cadastral register of the real estate cadastre, the establishment of new cadastral plots (parcelation) is carried out in the cadastral register on the basis of the parcellation study and a final decision issued in the administrative procedure.

For the preparation of real estate cadastre parceling studies, the data contained in the cadastral register are relevant, and anyone who claims that they are incorrect must prove it.

Article 58

Holders of rights to real estate are notified of the preparation of a parcelization or geodetic study and are obliged to show the boundaries of the land to which they have rights.

The marking of land boundaries in the framework of the creation of a parcel or geodetic study is performed by authorized geodetic experts.

In the case of a dispute about the boundaries, it is necessary to arrange the boundaries beforehand in a special procedure.

Boundaries arranged in a special procedure are recorded in the land cadastre on the basis of a geodetic study, which is prepared at the expense of the interested holder of rights to the land.

Article 59

The parcelation and geodetic study must indicate the person who prepared it, the date of preparation, the name and signature, as well as the stamp of the authorized geodetic expert, and a list of collaborators who participated in the preparation of the study.

In order for the subdivision and geodetic study to be used, the competent regional cadastre office, i.e. the office of the City of Zagreb, must confirm that it was prepared in accordance with the geodetic and cadastral regulations, that it corresponds to the purpose for which it was prepared, and that it can be used for the needs of the real estate cadastre.

Law on Spatial Planning and Construction (Official Gazette 76/07)

Article 103.

(1) Every spatial intervention shall be carried out in accordance with spatial planning documents, special regulations and location permits, unless otherwise provided for by this Act.

(2) A location permit is an administrative act issued on the basis of this Act and regulations adopted on the basis of this Act and in accordance with spatial planning documents and special regulations.

(3) In case of mutual inconsistency between the spatial planning document of the narrower and wider area, the location permit is issued on the basis of the spatial planning document of the wider area.

(4) In the process of making a decision on a concession according to a special law on the basis of which an intervention in the area will be carried out, a location permit must be obtained.

Article 104.

A location permit is issued for all buildings except for buildings whose construction (gross) area does not exceed 400 m, buildings for exclusively agricultural activities whose construction (gross) area does not exceed 600 m, and simple buildings and works from Article 209, paragraph 5 of this Act.

Article 118.

(1) The location permit shall cease to be valid if the request for the issuance of a certificate of the main design or a construction permit is not submitted to the competent administrative body, or the Ministry, within two years from the date the location permit becomes legally valid.

(2) The validity of the location permit is extended at the request of the applicant once for another two years, if the conditions established in accordance with the provisions of this Act and other conditions in accordance with which the location permit was issued have not changed.

Article 119.

(1) The subdivision of land within the boundaries of a construction area and the subdivision of construction land outside the boundaries of that area may only be carried out in accordance with the decision on construction conditions, the location permit, the decision on the determination of the building plot and the detailed development plan.

(2) The subdivision of land outside the boundaries of the construction area in order to enlarge the building plot within the boundaries of the construction area is not permitted.

Article 120.

The act on the subdivision of construction land within and outside the construction area is carried out in the land cadastre or real estate cadastre on the basis of the subdivision study for which the competent administrative body referred to in Article 105 of this Act, or the Ministry, has issued a certificate of compliance with the decision on construction conditions, location permit, decision on the determination of a building plot or detailed development plan.

Article 191.

(1) The conceptual design, in accordance with which a decision on construction conditions is issued or is an integral part of the location permit, in accordance with which a certificate of the main design is issued, is a set of mutually coordinated drawings and documents that provide the basic design, functional and technical solutions of the building (conceptual and technical solution) and the location of the building on a building plot on an appropriate special geodetic base.

(2) The conceptual design, which is an integral part of the location permit in accordance with which the building permit is issued, in addition to the content referred to in paragraph 1 of this Article, depending on the complexity and technical structure of the building, also contains a conceptual, technical and technological solution in accordance with the unified environmental protection requirements and other drawings and documents if they are significant for the preparation of the main design.

(3) The investor, or his legal successor, is obliged to permanently keep the conceptual design together with the location permit or decision on construction conditions.

(4) The conceptual design in accordance with which the decision on construction conditions is issued must contain data for the calculation of utility and water contributions in accordance with special regulations.

Article 213.

(1) The request for issuing a decision on construction conditions shall be submitted in writing by the investor.

(2) The investor shall attach to the request for issuing a decision on construction conditions:

• three copies of the conceptual design, the situation of which is shown on an appropriate special geodetic base,
• special conditions of the state administration body responsible for cultural property affairs for a building located in a settlement or part of a settlement, which is entered in the Register of Cultural Property of the Republic of Croatia as a cultural and historical entity or the building is entered in that Register as a cultural property,
• a written report and confirmation of the conceptual project certification if the project was created according to foreign regulations,
• proof that he has the right to build on the land from which the building plot will be formed, or on an existing building.

Article 214.

The following is considered evidence that the investor has the right to build within the meaning of this Act:

• an extract from the land register showing that the investor is the owner or holder of the building rights on the building plot or building on which construction is intended,
• contract or decision of the competent state authority on the basis of which the investor acquired the right of ownership, the right to build or the right of easement,
• a partnership agreement concluded with the owner of the property, the purpose of which is joint construction or reconstruction,
• concession contract granting the right to build,
• written consent of the owner of an existing building in the event of reconstruction of that building, unless otherwise provided for by a special law,
• written consent of the fiduciary owner given to the previous owner of the property who is an investor.

Article 241.

(1) A decision on the as-built condition shall be issued for a building with a construction (gross) area not exceeding 400 m2 and a building for exclusively agricultural activities with a construction (gross) area not exceeding 600 m2 constructed without a decision on construction conditions.

(2) The building referred to in paragraph 1 of this Article shall be considered completed if at least one floor and the roof have been completed and if the completed parts are suitable for use.

Article 249.

(1) The investor is obliged to notify the Ministry or the competent administrative body, the construction inspection and the labor inspection in writing of the start of construction or the continuation of construction works after a break of more than three months, no later than eight days before the start of construction or the continuation of works.

(2) The investor of a building whose construction (gross) area does not exceed 400 m2 and of a building for exclusively agricultural activities whose construction (gross) area does not exceed 600 m2 shall be obliged to have a final decision on the construction conditions and a main design and a detailed plan for the construction prepared in accordance with this Act and special regulations, no later than the date of commencement of works.

(3) The investor of a building specified in the regulation referred to in Article 105, paragraph 2 of this Act shall be obliged to have a valid building permit and a building layout study prepared in accordance with this Act and special regulations, no later than the date of commencement of works.

(4) The investor of other buildings, except for simple buildings specified by the ordinance from Article 209, paragraph 5 of this Act, is obliged to have a confirmation of the main project and a building staking plan made in accordance with this Act and special regulations no later than the date of commencement of works.

(5) In the application for the start of construction, the investor is obliged to indicate the contractor and the designation of the staking plan.

(6) In the event of a construction interruption, the investor is obliged to take measures to secure the building and adjacent buildings, land and other property.

Article 268.

(1) The cadastral office shall record a building in the cadastral register if a use permit has been issued for that building for buildings for which a building permit is issued, or a confirmation of the main design, a final report of the supervising engineer for buildings for which a decision on the conditions of construction is issued, a decision on the completed condition and a confirmation of the completed condition, or a confirmation from the competent administrative body that no use permit or other specified acts are issued for the building, unless otherwise prescribed by this Act.

(2) The building will be registered in the cadastral register if a building (cadastral) plot for the building to be registered is formed in it.

Article 330.

(1) A building constructed before 15 February 1968 shall be considered constructed on the basis of a valid building permit or other appropriate act of the competent administrative body.

(2) A certificate on the time of registration of the building referred to in paragraph 1 of this Article shall be issued by the cadastral office, or the Central Office of the State Geodetic Administration, based on the data at their disposal (cadastral register, cadastral plan, title deed, Croatian basic map, aerial photographs) which shall be considered proof that a building was constructed by 15 February 1968.

(3) If the cadastral office or the Central Office of the State Geodetic Administration does not have the data on the basis of which the certificate referred to in paragraph 2 of this Article can be issued, the certificate on the construction period referred to in paragraph 1 of this Article shall be issued by the competent administrative body.

(4) An integral part of the certificate referred to in paragraph 3 of this Article is a photograph of the existing condition of the building and a copy of the cadastral plan with the building drawn or a geodetic situational drawing of the actual condition (situation) for the constructed building on the building plot, which the applicant is obliged to attach to the request for the issuance of that certificate.

(5) No occupancy permit shall be issued for the building referred to in paragraph 1 of this Article.

(6) The building referred to in paragraph 1 of this article shall be registered in the cadastral register if the certificate referred to in paragraph 2 or 3 of this article is attached to the request.

(7) Paragraph 3 of this Article does not apply to determining the construction time of a building in the procedure conducted by the building inspection.

Article 331.

(1) No occupancy permit shall be issued for a building constructed on the basis of a building permit or other appropriate act of the competent authority issued before 19 June 1991.

(2) The building referred to in paragraph 1 of this Article shall be entered in the cadastral register if the request is accompanied by a valid building permit and a certificate that no building inspection procedure is underway in relation to that building.

Article 333.

(1) For a building constructed on the basis of a building permit issued from 20 June 1991 until the date of entry into force of this Act, instead of a use permit, the competent administrative body shall, at the request of the investor or owner of the building, issue a certificate of use, which establishes that the building was constructed in accordance with the building permit in terms of external dimensions and purpose.

(2) The certificate referred to in paragraph 1 of this Article cannot be issued for constructed buildings in relation to which a construction inspection procedure is in progress.

(3) Paragraph 1 of this Article does not apply to constructed buildings for which the Ministry issued a building permit prior to the entry into force of this Act.

(4) The building referred to in paragraph 1 of this article shall be registered in the cadastral register if the application is accompanied by a use permit or certificate referred to in paragraph 1 of this article.

• Copy of cadastral plan
• Extract from the land register
• Title deed
• Decision on construction conditions
• Building permit
• Location permit

Law on Ownership and Other Real Rights (Official Gazette 91/96)

Especially about real estate

Article 9.

(1) An individual real estate consists of a land parcel, including everything that is relatively permanently connected to it on its surface or below it; but when several land parcels are registered in the land register in the same land register file, they are legally united into one entity (land register entity), which as such is one real estate.

(2) Grass, trees, fruits and all usable things that the land produces on its surface are parts of that real estate until they are separated from the land.

(3) Anything built on, above or below the surface of the land and intended to remain there permanently, or incorporated into, added to, superimposed on or otherwise permanently connected to real estate, is part of that real estate until it is separated from it. However, parts of the land of that building and anything else connected to it for a temporary purpose are not.

(4) Buildings and other structures that are permanently connected to that land are not parts of land if they are legally separated from it by a real right that authorizes its holder to have such a building or other structure in his/her ownership on that other person’s land; the same applies mutatis mutandis to buildings and other structures that are legally separated from the land or from the common good by a concession established by law that authorizes its holder to have such a building or other structure in his/her ownership.

(5) Machinery and similar devices that would otherwise be part of a property shall not be considered part of it but independent items if, with the consent of the property owner, they are recorded in the land register as the property of another person. The effect of such recording shall last until it is deleted, provided that even without deletion, such effect shall cease five years after the entry, but the running of that period shall be suspended during bankruptcy and enforcement proceedings.

(6) Rights that exist in favor of a real estate are considered to belong to that real estate.

Holder

Article 10.

(1) A person who has actual authority over a thing is its possessor.

(2) A person who exercises his actual authority in possession personally or through an assistant is a direct possessor.

(3) When someone possesses a thing as a usufructuary, pledgee, lessee, lessee, custodian, borrower or in any other similar relationship in which he is authorized or obligated to possess it for a certain period of time towards another, then that other person (indirect possessor) is also the possessor of that thing. If the indirect possessor is in such a relationship towards a third party, that other person is also an indirect possessor.

(4) A person who has actual control over a part of a thing is also considered a possessor, even though that part could not be an independent object of real rights, such as a room or other room in an apartment, etc.

(5) The actual exercise of the content of the right of real easement with respect to a real estate (possession of the right) is equated with possession of a thing, and the provisions on possession of a thing shall apply accordingly to possession of the right, unless this is contrary to the nature of the right or the provisions of the law.

(6) When several persons have the same possession of a thing or right, they are co-owners.

Legality, truthfulness and fairness of possession

Article 18

(1) Possession is lawful if the possessor has a valid legal basis for that possession (right to possession).

(2) Possession is true if it was not acquired by force, by stealth or by fraud, or by abuse of trust. Possession acquired by force, by stealth or by fraud, or by abuse of trust, becomes peaceful when the person from whom it was so acquired ceases to have the right to protect the possession thus taken from him.

(3) Possession is fair if the possessor, when acquiring it, did not know or, given the circumstances, had sufficient reason to suspect that he did not have the right to possession, but fairness ceases as soon as the possessor learns that he does not have the right to possession.

(4) If in a dispute over the right to possession it has been finally decided that the right to possession does not belong to the possessor, his possession shall be unfair from the moment he receives the complaint; this shall apply mutatis mutandis even if another competent body or court has finally decided on the right to possession in another proceeding.

(5) Possession shall be presumed to be fair, unless proven otherwise.

(6) The honesty and truthfulness of the possessions of a legal person shall be judged by the honesty and conduct of the natural person who is authorized to undertake the acquisition or execution of its possessions on behalf of that legal person, and the honesty and truthfulness of the possessions of persons who have a legal representative – by the honesty and conduct of that representative.

Owner’s rights

Article 30

(1) The right of ownership is a real right over a specific thing that authorizes its holder to do whatever he or she wishes with that thing and the benefits from it, and to exclude anyone else from doing so, if this is not contrary to the rights of others or legal restrictions.

(2) Within the limits referred to in paragraph 1 of this article, the owner has, among other things, the right to possess, use, use and dispose of his property.

Co-ownership shares

Article 36

(1) If several persons have a thing in their ownership so that each of them has a part of that right of ownership, calculated in proportion to the whole right of ownership of that thing, they are all co-owners of that thing, and the parts of the right of ownership that belong to them are their co-ownership parts.

(2) In case of doubt as to the size of the co-ownership shares, they shall be considered equal.

The ideal part of things

Article 37.

(1) When there is co-ownership of a thing, it is assumed that the thing is legally divided into parts (ideal parts) of equal content, the size of which is determined by the size of the co-owned parts.

(2) The ideal part of a thing is inseparable from the co-ownership part that determines it.

(3) In legal transactions, it is assumed that an ideal part of a thing is an independent thing; everything that is determined for things also applies to ideal parts, unless otherwise specifically prescribed.

(4) Each co-owner is the owner of that ideal part of the thing that corresponds to his co-ownership part, and with respect to it he has all the powers that belong to the owner, if he can exercise them considering the nature of the ideal part.

(5) A co-owner may independently legally dispose of his ideal part of the thing, or his co-ownership part, according to the rules that apply to the owner’s legal disposal of things, if this does not infringe on the rights of others. When a co-owner sells his part, the other co-owners do not have the right of first refusal, unless this right belongs to them on a special legal basis.

(6) Each co-owner has the right to make all claims arising from his right of ownership to anyone, including his co-owners, regarding his ideal share.

Registration of ownership in the land register

Article 119.

(1) Ownership of real estate is acquired by the legally prescribed entry of the acquirer’s ownership in the land register on the basis of the validly expressed will of the previous owner directed at transferring his ownership to the acquirer, unless otherwise provided by law.

(2) The provisions of this Act on the acquisition of ownership of real estate by entry in the land register shall apply accordingly to changes and termination of ownership based on legal transactions.

(3) The method of establishing and maintaining land registers and the method of entry in them shall be regulated by the provisions of land register law.

Acquisition by registration

Article 120.

(1) Ownership of real estate shall be acquired by registration in the land register, unless the law allows for ownership of real estate to be acquired by some other entry in the land register.

(2) For the purpose of registering ownership, a document must be drawn up regarding the legal transaction on the basis of which ownership is acquired, the content and form of which must comply with the rules of land registry law.

(3) The registration carried out shall be effective from the moment the request for such registration was submitted to the court.

(4) Ownership of real estate that is not registered in the land register is acquired by filing with the court a certified document capable of registering the right in the land register, by which the previous owner allows the registration of another’s ownership, to which the rules on acquisition by registration apply accordingly.

Land Registry Act (Official Gazette 91/96)

Article 2.

(1) In the sense of this Act, land is a part of the land surface that is marked in the land cadastre with a special number and the name of the cadastral municipality in which it is located (cadastral parcel).

(2) Everything that is permanently connected to the land on or below its surface is, in the legal sense, an integral part of the land and, unless otherwise determined by law, shares its legal destiny, so all provisions of this Act established regarding land also apply to it.

Article 3.

(1) Real rights to land shall be entered in the land registers, as well as other rights for which this is prescribed by law.

(2) Other facts important for legal transactions, for which this is determined by law, shall be entered in the land registers.

Article 5.

(1) Land registers are maintained by municipal courts.

(2) The Land Registry Court is the court of first instance competent for maintaining land registers.

(3) In the court referred to in paragraph 2 of this Article, the land registers shall be maintained by a special land register department.

(4) The procedure shall be conducted and the tasks shall be performed by the land registry manager or a land registry employee designated for that purpose by the land registry manager, under the supervision of a judge, unless the Minister of Justice determines otherwise. The land registry manager shall be responsible for the work of the land registry employee.

(5) A separate log of land registry submissions shall be kept for the land registry department.

Article 9.

(1) Land registers are based on cadastral survey data.

(2) What is stipulated in this Law regarding the land cadastre shall apply accordingly to other cadastres if the data from them are relevant for land registers.

Article 10.

(1) The designations of cadastral parcels in the land register must be consistent with their designations in the land cadastre and cadastral plans, and in particular the cadastral numbers of the parcels, their area according to the cadastre, as well as buildings and other structures that permanently lie on the land or are below its surface (land development).

(2) Decisions of courts and other authorities on land registry rights must contain designations and data on the cadastral number and area of ​​cadastral parcels, as well as the cadastral municipality in which they are located, as these data are marked in the land registry.

(3) If the data in the land register and the land cadastre differ, the data in the land register shall be relevant for registered rights, until they are changed pursuant to the provisions of paragraph 4 of this Article.

(4) A change in the cadastral number, shape, area or development of land shall be carried out in the land register on the basis of a decision issued by the land registry court ex officio after the body competent for the cadastre has submitted to it a registration form on such a change in the land cadastre. The land registry court shall immediately, upon receipt of the cadastral registration form, make it visible in the land register that the procedure for changing the data has been initiated.

Article 11

(1) The body competent for implementing such changes in the land cadastre shall notify the land registry court without delay of any changes to the cadastral number, shape, area or development of a cadastral plot.

(2) Land registry courts shall report to the body competent for the land cadastre all land registry entries that are important for the land cadastre, such as write-offs, additions, and divisions.

Article 12.

(1) The court that has issued a final decision by which it has decided on rights regarding real estate in connection with a change in the cadastral number, shape, area or development of the land shall deliver a copy of that decision to the body competent for the cadastre without delay, as a notification of the resulting change.