Linking the land register and the book of deposited contracts
Linking the land register and the book of deposited contracts is a procedure prescribed by the Ordinance on linking the land register and the book of deposited contracts and registering ownership of a separate part of real estate (Official Gazette 60/2010), which entered into force on 21 May 2010.
What is the subject of the connection procedure?
The subject of the connection procedure is:
- registration of cadastral plot
- registration of a change in the development status of a property on which there are separate (condo) parts
- registration of special (condominium) parts of real estate
- registration of ownership rights that may be subject to registration in the land register on that real estate and its specific parts and appurtenances
- registration of ownership rights on specific parts of real estate which rights were acquired before the entry into force of the Law on Ownership and Other Real Rights and the Law on Land Registers
- registration of special parts returned to previous owners under the provisions of a special law
Who initiates the connection process?
The linking of the land register and the register of deposited contracts is required to be initiated by the property manager and to participate in it on behalf of all co-owners, within 3 years from the date of entry into force of the Act amending and supplementing the Act on Ownership and Other Real Rights (Official Gazette 153/09).
The connection procedure is initiated before the courts and other competent authorities.
The merger procedure can also be initiated by any of the co-owners of a property in which there is ownership of separate parts of the property, and in such a case the manager is obliged to participate in the procedure.
For a building in which no manager has been appointed, the linking process will be initiated and participated in by the owners of specific parts of the property .
What is required to initiate the connection process?
When submitting a proposal, it is necessary to attach:
- proof that the building plot has been determined (e.g. building permit, decision on determining the land necessary for the regular use of the building – land subdivision)
- extract from the land cadastre of the real estate (title deed and copy of the cadastral plan)
- in the event that the land registry and cadastral data on the cadastral plot do not match only in relation to the cadastral plot number, a certificate from the competent cadastral office on the identification of the cadastral plot
- if the cadastral plot was formed as a building plot in the cadastre, and the change was not made in the land register, the corresponding geodetic study – Harmonization of the cadastre and land register
- an inter-ownership agreement or a document in which all separate parts of the real estate and the holders of rights on them are listed, drawn up by the manager
- data on deposits from the book of deposited contracts (KPU)
- a document on the basis of which an unregistered owner of a special part could request registration
NOTES:
The written consent of all the co-owners of that real estate, nor confirmation that the special part is an independent unit of use, is not required for the registration of ownership of a separate part of real estate that was not entered in the book of deposited contracts and was acquired on the basis of regulations adopted before the entry into force of the Law on Property and Other Real Rights (January 1, 1997).
After the entry of the object in the registry, it will be made visible (with a seal) when the land registry court receives the proposal for entry, by placing the seal only in the land register in the main book insert where the entry will be made or the plot on which the building is built will be entered.
Who will discuss and decide on the connection procedure?
Each connection procedure will be discussed at a hearing before the land registry court. The persons who submitted the proposal, the administrator and persons who are not registered as owners of separate parts in the land registry, or the book of deposited contracts, are invited to the hearing.
The decision reached at the hearing will be delivered to all registered owners of specific parts of the real estate, the manager of the residential building, the body responsible for the cadastre, the Ministry of Finance – Tax Administration, but also to all other registered holders of registered rights in the book of deposited contracts, i.e. the land register.
The decision reached at the hearing will also be published on the notice board of the building for which the connection procedure was carried out, which is required to be placed on the notice board by the building manager.