1. What needs to be prepared by an EU citizen before they ‘start dealing with authorities’ (tools, documents, documentation, certificates, etc.) and where can they find/obtain this?

Before you attempt to fulfil your obligations or exercise your rights, prepare the following:

If you are a EU citizen:

• contract for the transfer of immovable property;
• application for registration of the right of ownership;
• proof of payment of the administrative fee.

If you are not a EU citizen, you will need:

• contract for the transfer of immovable property;
• application for registration of the right of ownership;
• proof of payment of the administrative fee;
• signature authentication.

2. What should citizens expect?

The application for registration of the right of ownership may be filed in written form or electronically. The requirements for electronic filings are the same as for filings in written form. For electronic filings, no copies of the application or attachments are required. For electronic filings, all attachments must be filed in electronic form and signed with a qualified electronic signature. Where an authenticated signature is required for filings in written form, this corresponds to a qualified electronic signature with a time stamp for electronic filings.

All contracts for the transfer of immovable property must be made in written form.

The purchase contract must be drawn up in accordance with provisions governing a purchase contract under Section 588 et al. of the Civil Code (Act No 40/1964 (only in Slovak), in the version in force).

The contract must above all include the exact identification of the immovable property to be transferred and the purchase price. Furthermore, the contract must include the proper identification of the contracting parties (seller and buyer) and stipulate reciprocal rights and obligations.

Transfer of the right of ownership to a flat or to non-residential premises in a residential building is to be preferentially governed by provisions of Act No 182/1993 (only in Slovak) on the ownership of flats and non-residential premises, in the version in force. The Act defines formalities of a contract for the transfer of ownership of a flat and for the transfer of ownership of non-residential premises in a residential building. Annexed to the contract there must be a declaration of the administrator/chairman of the association of property owners of the flats and non-residential premises in the residential building confirming that the flat owner (seller) has no arrears in payments relating to the use of the flat or non-residential premises, as well as contributions to the operation, maintenance and repairs fund.

Preparation of a contract for the transfer of immovable property is rather complex, it is therefore recommended that it is drawn up by a lawyer. Purchase of immovable property is often a lifetime investment; related legal matters should thus not be underestimated. In any case, before signing, you must read the contract very carefully to make sure that you understand it completely and that it precisely reflects everything you agreed upon with the other contracting party. As far as transfers of immovable property are concerned, people often fall victim to fraudsters. You can minimize this risk by consulting a lawyer or notary when concluding the contract, or using banking products such as letters of credit, etc. to pay the purchase price.

Authorisation of a contract for the transfer of immovable property by a lawyer

Lawyers perform the authorisation of contracts for the transfer of immovable property, which consists in drawing up the contract, identifying the contracting parties and their representatives, and making sure that the contract is not contrary to the law, does not circumvent the law, does not violate good morals and that concluding it does not constitute an element of damage. The lawyer confirms that the contract has been authorised by means of an authorisation clause.

The lawyer is obliged to inform the contracting parties of the payment terms of the purchase price as per the contract, while the parties’ declaration of having been informed about these terms must be included directly in the contract.

The lawyer must identify the parties to the contract in the prescribed manner. If the lawyer fails to confirm their identity but does not refuse to perform the legal service, it is not possible to release the lawyer from liability for damages caused by misuse of identity. The lawyer is obliged to pay damages to the injured party. This, however, does not apply where the lawyer proves that the injured party knew about the element of damage.

The lawyer must have liability insurance in connection with authorisation of the contract for the transfer of immovable property and must also inform the contracting parties of the amount of insurance coverage and identify the insurance company providing the insurance.

Drawing up a notarial record on the contract for the transfer of immovable property

A transfer of immovable property may also be conducted by way of asking a notary to draw up a notarial record on the contract for the transfer of immovable property.

This way, the risk of fraud and damage will also be substantially reduced. If it is obvious that the contract is contrary to the law, circumvents the law, or violates good morals, the notary is obliged to refuse to draw up the notarial record. The notary must inform the contracting parties of the payment terms of the purchase price as per the contract and include in the record the parties’ declaration of having been informed about these terms.

The notary must identify the parties to the contract in the prescribed manner. If the lawyer fails to confirm their identity but does not refuse to draw up the notarial record, it is not possible to release the notary from liability for damages caused by misuse of identity of the parties. The notary is obliged to pay damages to the injured party.

The notary must carry liability insurance in connection with drawing up the notarial record and must also inform the contracting parties of the amount of insurance coverage and identify the insurance company providing the insurance.

Registration in the Real Estate Cadastre

The right of ownership must be established, changed, or terminated by its registration in the Real Estate Cadastre. Legal effects of the registration arise on the basis of the final approval decision issued by the Cadastral department of the District Office. The procedure for registration approval begins at the request of a party, i.e. a person involved in the legal act based on which the right of ownership to immovable property is to be established, changed or terminated.

The Cadastral department of the District Office in whose geographical area of jurisdiction the immovable property is located is competent to carry out the registration procedure. If the registration of the right of ownership in the Real Estate Cadastre concerns pieces of immovable property located in a geographical area under the jurisdiction of several District Offices, any of the District Offices is competent to carry out the procedure for all of them. The District Office carrying out the procedure is to inform the other competent District Offices without delay and send them a copy of the registration approval decision.

Before filing an application for registration of the right of ownership, it is possible to file a notification of the application for registration in electronic form, available on the website of the Geodesy, Cartography and Cadastre Authority of the Slovak Republic (only in Slovak). This notification should be sent electronically to the competent Cadastral department of the District Office. The application for registration must be submitted within 90 days from the receipt of the notification.

The application for registration of the right of ownership must be submitted in writing and include:

• natural persons: name, surname and the place of permanent residence of the party,
• legal entities: trade name, name and registered office of the party,
• the details of the Real Estate Cadastre administration to which the application is addressed,
• the identification of the legal act based on which the right of ownership to immovable property is to be established, changed, or terminated (if the application for registration concerns legal relationships arising from several legal acts, all legal acts must be indicated).

The application for registration should be accompanied by the contract based on which the right of ownership is to be registered in the Real Estate Cadastre, in two copies. In addition, other required attachments must be attached to the application (e.g. an agreement on power of attorney with authenticated signature of the principal, if applicable).

The application for registration of the right of property may be submitted online at the ESKN portal. The requirements for electronic filings are the same as for filings in written form. For electronic filings, no copies of the application or attachments are required. If authenticated signature is required for filings in written form, this corresponds to a qualified electronic signature for electronic filings. In the case of electronic filings, all attachments must be filed in electronic form and signed with a qualified electronic signature and a time stamp.

The Cadastral department of the District Office examines the contract as to whether:

• it contains all relevant formalities of a contract;
• the act has been performed in the prescribed form;
• the transferor has the right to dispose of the property;
• the expressions of will are sufficiently definite and clear;
• contractual freedom and/or the right of disposal of the property have not been limited;
• it is not contrary to the law, it does not circumvent the law, and it does not violate good morals.

The decision on registration also considers the factual and legal facts that could affect the registration approval.

In the case of a contract for the transfer of immovable property, which was drawn up in the form of a notarial record or authorised by a lawyer, the Cadastral department of the District Office assesses the contract only in terms of compliance with the Real Estate Cadastre records and whether the procedural conditions for registration approval are met.

The Cadastral department of the District Office has 30 days from receiving the application for registration to take a decision. If a contract for the transfer of immovable property was drawn up in the form of a notarial record or authorised by a lawyer, it does not contradict the Real Estate Cadastre records and all procedural requirements for registration approval are met, the District Office will decide on the application within 20 days. The District Office may decide within 15 days from receiving the application for registration of the right of ownership based on an application for expedited procedure and payment of the applicable administration fee.

Where conditions for the registration are met, the registration will be approved and the decision on registration approval sent to the parties within 15 days from its adoption. The decision becomes final as of the date of its adoption.

Where the application for registration is rejected, the decision is delivered to all parties, and this decision may be subject to appeal. Appeals must be submitted to the Cadastral department of the District Office that issued the decision within 30 days from its delivery to the party. Where the District Office dismisses the appeal in its entirety, it is for the court to rule on the appeal.

3. Administrative fees

Acts and procedures of government, regional and municipal bodies are subject to administrative fees.

For an application for registration of the right of ownership of immovable property, regardless of its price, a fee of EUR 66 applies. For an electronic filing, a 50 % discount applies and thus the fee is EUR 33.

For a request for an expedited procedure regarding the application for registration, where a decision is to be adopted within 15 days, a fee of EUR 266 applies. For an electronic filing of a request for an expedited procedure regarding the application for registration, a fee of EUR 133 applies. The surcharge for an expedited decision is due on the day of delivery of the application for registration of the right of ownership.

Where the procedure has been discontinued or the application for registration has been dismissed, the fee will not be returned.

If the administrative authority does not adopt a decision on the application for registration of the right of ownership of immovable property in the Real Estate Cadastre within the shorter deadline, it will return the difference between the fee for the expedited and standard procedure.

Where a notification of the application for registration (see above) is filed electronically, the administration fee is reduced by EUR 15. In the case of several legal acts within a single procedure, only one reduction applies.

4. Sanctions for non-compliance with obligations

If you decide to buy or sell immovable property, it is advisable to consult a lawyer or use the services of an estate agency. That way you will avoid any unnecessary risks.

The purchase contract must include all relevant contract formalities, the act must be performed in the prescribed form, the transferor has the right to dispose of the property, the expressions of free will must be sufficiently definite and clear, contractual freedom and/or the right of disposal of the property must not be limited, the contract must not be in contradiction with the law nor violate good morals. Otherwise the application for registration of the right of ownership may be suspended, discontinued, or rejected.

5. Who should citizens contact when they need assistance or advice in this situation?

Contact details of competent authorities

Contact details and opening hours of the Cadastral departments of District Offices in the seats of regions are available on the website of the Ministry of Interior of the Slovak Republic (only in Slovak):

• Bratislava
• Banská Bystrica
• Košice
• Nitra
• Prešov
• Trnava
• Trenčín
• Žilina

Contact details and information for filing an electronic application for registration of the right of ownership are available at the Electronic Services Portal of the Land Register.