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

  • Exclusive: Officials say Miatta Fahnbulleh minded not to give approval in victory for climate campaigners

    Miatta Fahnbulleh is minded to reject the giant Rosebank oilfield, sources have told the Guardian, in what would be a blow for the North Sea energy industry and a major victory for climate campaigners.

    After approving the smaller Jackdaw gasfield on Wednesday, officials say the energy secretary is leaning towards refusing approval for what would be one of the biggest oilfields in the North Sea.

    Continue reading...

  • As glaciers melt and permafrost thaws, Longyearbyen, on the remote Arctic islands of Svalbard, faces climate-induced problems from tap water to housebuilding to landslides

    • Heavy metals make Norwegian village’s tap water toxic

    On a rugged mountain plateau of snow-dusted rocks, in the remote archipelago of Svalbard, a glaciologist, Andy Hodson, points out the “ears” of ice, white against the rock, that gave Foxfonna glacier its name, after the arctic fox.

    The small glacier, on a mountain 8 miles (15km) outside the Norwegian village of Longyearbyen, is a popular summer hike for tourists who come here seeking the Arctic experience.

    Continue reading...

  • Action needed to avoid disastrous overshoot of climate targets, according to organisation’s environment body

    The world needs to cut carbon emissions by nearly a fifth in the next four years, and by close to half within a decade, to avoid overshooting climate targets by a disastrous margin.

    Although the “window has closed” on holding temperature rises to 1.5C, in line with scientific advice, limiting the “overshoot” of that target is still possible, according to the UN Environment Programme (Unep).

    Continue reading...

  • As Cop17 kicks off, records since 1921 show more bee species declining than increasing in all parts of Europe except the Alps

    Most of Europe’s wild bee species and about half of its hover fly species have declined over the last century, a study has found, as a UN biodiversity summit begins in Armenia.

    Records since 1921 show more bee species are declining than increasing in all parts of Europe except the Alpine region. The richness of bee and hover fly species suffered a persistent drop in the Atlantic and Continental regions, the study found, though trends in other regions were mixed or even positive.

    Continue reading...

  • United Utilities, Environment Agency and local campaigners say 12-mile tunnel could take sewage away from England’s largest lake

    Plans are under way for a new giant tunnel to transport sewage away from Windermere, England’s largest lake.

    Windermere, in the Lake District, has suffered from widespread raw sewage and bacterial pollution driven by discharges from United Utilities. Campaigners say this pollution has caused more frequent toxic blue-green algal blooms, with the public advised to avoid swimming in the lake.

    Continue reading...

  • Poole, Dorset: At this time of year, migrants are constantly on the move here, whether leaving, arriving or just stopping to refuel

    With the sadness of our summer migrants departing the UK for another year comes the joy of our wintering birds returning. Working in conservation at Poole harbour, I’m out most days, connected to the ebb and flow of this change.

    As it is one of the largest natural harbours in the world, and located on the East Atlantic Flyway, birds are constantly on the move here, whether leaving, arriving or stopping to refuel.

    Continue reading...

  • This summer alone, 26 local authorities in the UK had to stop accepting fridges and freezers for recycling. Now the appliances are piling up around the country – with no proper disposal date in sight

    Not much is happening in the tiny Norfolk hamlet of Little Hautbois on the day I visit. The pub, once popular with airmen from RAF Coltishall, stopped being a pub a long time ago, even before RAF Coltishall stopped being RAF Coltishall. It’s not Saturday, so there are no weddings at Hautbois Hall. Nor is it 19 May, so the restless, headless ghost of Thomas Boleyn isn’t driving his carriage across the bridge over the River Bure, as he is said to do on the anniversary of the execution of his daughter, Anne. Today, a lovely autumn one, all is as it should be.

    But half a mile down a narrow country lane is an incongruous and baffling sight: a strip of gentle hillside made up of large white rectangular blocks, piled up and sparkling in the sunshine. A glacier, you might think, if you were in Norway rather than Norfolk. (And ice is involved, as it happens.) As you get nearer, the picture becomes clearer; the blocks have coils on one face, doors and handles on the opposite one, plus the manufacturers’ names. It’s a glacier of fridges, more than 3,000 of them.

    Continue reading...

  • With no wind to disperse the low cloud, mist and fog and less sunlight to burn it off, anticyclonic gloom can set in

    In summer, a high-pressure system over the UK usually means fine weather. But in the colder months it can result in anticyclonic gloom, characterised by grey skies, mist, fog and drizzle.

    A settled high-pressure system brings stable conditions and impedes the usual vertical movement of air. This is a recipe for sunshine when humidity is low, but can act like a lid, trapping atmospheric moisture near the surface.

    Continue reading...

  • Rare small blues and dingy skippers among species found on former wheatfields two years after start of transformation under commercial nature project

    An “amazing” abundance of 5,290 butterflies, including rare small blues and dingy skippers, has appeared on land that was barren wheatfields just two years ago.

    The speed with which nature has bounced back at Halnaker Hill farm in West Sussex has surprised experts after 133 hectares (330 acres) of intensively farmed land were turned into a commercial nature restoration project.

    Continue reading...

  • ‘She carried the dead calf for hours even though it wasn’t hers. She had had a miscarriage two years before – and now picked up the stillborn babies of other mothers’

    My love of African animals, in particular elephants, dates back to when I was three or four years old, growing up in Milan in a house full of old nature books. When I was six, my parents took me on my first safari in Kenya – I cried on the plane home, feeling I was being torn away from the savanna I’d dreamed of, somewhere I really loved. But for the past 20 years, that’s where I’ve lived, guiding photographers on the Maasai Mara National Reserve and elsewhere in Africa.

    I’ve spent time photographing other animals, especially big cats, but elephants are still my favourite subject. They have this extraordinary presence, dominating the landscape and making it come alive. I love to follow them in different habitats. They are extremely adaptable – in Kenya they’re associated with the savanna and acacia woodland, and they can also live in extremely arid areas, such as the deserts of Namibia, where this photograph was taken.

    Continue reading...

Novosti: Cybermed.hr

Novosti: Biologija.com