1. What should an EU citizen prepare before starting the process of property transfer (tools, documents, certificates…) and where can they find/get them? Before attempting to fulfill your obligations or assert your rights, prepare the following:

If you are an EU citizen:

• Property transfer contract
• Proposal for registration
• Proof of payment of the administrative fee
• Signature verification

If you are not an EU citizen:

• Property transfer contract
• Proposal for registration
• Proof of payment of the administrative fee
• Signature verification

2. What can a citizen expect? Land registry proceedings can be conducted in writing or electronically. The requirements for electronic submission are the same as for written submissions. In electronic submissions, one copy of the proposal and one copy of the attachments are submitted. In electronic submissions, all attachments must be submitted electronically and signed with a qualified electronic signature, if a notarized signature is required in a written submission, a qualified electronic signature with a time stamp is equivalent in electronic submission.

All property transfer contracts must be in writing.

When preparing a sales contract, it is necessary to adhere to the provisions of the sales contract according to § 588 and following of the Civil Code (Act No. 40/1964 Coll., as amended).

The basic and essential elements of such a contract include the precise identification of the property being transferred and the indication of the purchase price. Furthermore, it is important to adequately identify the contractual parties (seller and buyer) and regulate their mutual rights and obligations.

In the case of the transfer of ownership of an apartment and non-residential space in a residential building, it is necessary to primarily follow the provisions of Act No. 182/1993 Coll. on ownership of flats and non-residential premises, as amended. This law regulates the requirements of the contract for the transfer of ownership of a flat and the contract for the transfer of ownership of a non-residential space in a residential building. An annex to this contract is a statement from the administrator or chairman of the community of owners of flats and non-residential premises in the building that the owner of the flat (seller) has no arrears in payments for services related to the use of the flat or non-residential space and for the creation of a maintenance and repair fund.

Preparing a property transfer contract is quite demanding, so it is advisable to seek the assistance of a lawyer. Purchasing real estate is often a lifelong investment, and it is not advisable to underestimate the legal aspect of the matter. In any case, carefully read the contract before signing it, make sure you understand it well, and that it accurately captures everything you have agreed upon with the other party. In property transfers, people often fall victim to fraudsters. You can minimize this risk by seeking the assistance of a lawyer or notary or using banking products such as letters of credit for the payment of the purchase price.

Authorization of the property transfer contract by a lawyer Lawyers perform the so-called authorization of real estate transfer contracts, which involves drafting the contract, verifying the identity of its participants and their representatives, and assessing whether the contract violates the law, circumvents the law, contradicts good morals, and whether its conclusion would result in the creation of damage. The lawyer confirms the authorization of the contract in the notarial deed.

The lawyer is obliged to inform the participants about the payment conditions of the purchase price agreed in the contract, and the participants’ declaration of awareness of these conditions must be stated directly in the contract.

The lawyer must verify the identity of the participants in the contract in the prescribed manner. If the lawyer fails to ascertain their true identity and does not refuse the legal service, he cannot escape liability for damage caused by identity theft. Therefore, the lawyer must compensate the injured participant for this damage. However, this does not apply if the lawyer proves that the injured participant knew about the fact that caused the damage.

The lawyer must be insured for any damage related to the authorization of the real estate transfer contract, and the participants in the contract must be informed about the amount of insurance coverage and the insurance company in which he is insured.

Drafting a notarial deed for the property transfer contract Another option for real estate transfer is to ask a notary to draft a notarial deed for the property transfer contract.

In this case, the risk of fraud and the potential for damage are significantly reduced. If it is clear that the contract violates the law, circumvents the law, or contradicts good morals, the notary is obliged to refuse to draft the deed. The notary also informs the participants in the contract about the payment conditions agreed in the contract and includes a statement in the deed about the participants’ awareness of these conditions.

The notary must verify the identity of the participants in the contract in the prescribed manner. If he fails to ascertain their true identity and does not refuse to draft the notarial deed, he cannot escape liability for damage caused by identity theft. Therefore, he must compensate the injured participant for this damage.

The notary must be insured for any damage related to the drafting of the notarial deed, and he is obliged to inform the participants in the contract about the amount of insurance coverage and the insurance company in which he is insured.

Registration in the land registry Ownership rights to real estate arise, change, and cease by registering them in the land registry. Legal effects of registration arise based on a valid decision of the cadastral department of the district office permitting the registration. Proceedings for permission to register begin upon the proposal of the participant in the proceedings, i.e., the person who is a participant in the legal act on the basis of which the right to real estate is to arise, change, or cease.

The cadastral department of the district office in the territorial jurisdiction where the affected real estate is located is competent for cadastral proceedings. If the registration of rights to real estate by registration concerns real estate located in the territorial jurisdiction of several district offices, any of the relevant district offices is competent to act on the entire proposal. The district office that acts on the proposal immediately notifies the affected district office of the commencement of the proceedings and sends it one copy of the decision permitting the registration.

Before submitting a proposal for registration, it is possible to submit a notification of the proposal for registration in electronic form, which can be found on the website of the Office of Geodesy, Cartography, and Cadastre of the Slovak Republic. This notification is sent electronically to the relevant cadastral department of the district office. The proposal for registration must be submitted within 90 days of the delivery of this notification.

The proposal for registration is submitted in writing and includes:

• Name, surname, and place of permanent residence of the participant in the proceedings, if it is a natural person
• Trade name, name, and registered office of the participant in the proceedings, if it is a legal person
• Identification of the cadastre administration to which the proposal is addressed
• Identification of the legal act on the basis of which the right to real estate is to arise, change, or cease (if the subject of the proposal for registration includes legal relations from several legal acts, all legal acts are identified).

Practical advice: Prepare the proposal for registration in 2 copies and have one of them confirmed when submitted in person.

An attachment to the proposal for registration is a contract on the basis of which the right to real estate is to be entered in the land registry, in two copies. In addition, the proposal must be accompanied by other required attachments (e.g., a possible power of attorney agreement with the officially certified signature of the grantor).

Practical advice: Regarding specific attachments to the proposal for registration in the land registry, it is recommended to consult with the relevant cadastral department of the district office or a lawyer, especially if you are buying real estate on a mortgage loan.

The proposal for registration can also be submitted electronically on the ESKN Portal. The requirements for electronic submission are the same as for written submission. In electronic submission, one copy of the proposal and one copy of the attachments are submitted. If a notarized signature is required in written submission, a qualified electronic signature is equivalent in electronic submission. In electronic submission, all attachments must be submitted electronically and signed with a qualified electronic signature and a time stamp.

The cadastral department of the district office reviews the contract to determine if it:

• Contains essential elements of the contract
• Is an act done in the prescribed form
• Is the transferor authorized to deal with the real estate
• Are the expressions of will sufficiently specific and understandable
• Contractual freedom or the right to deal with the real estate is not restricted
• The contract does not violate the law, circumvent the law, and does not contradict good morals.

When deciding on registration, factual and legal facts that could affect the permission to register are also taken into account.

If it is a contract for the transfer of real estate that was drawn up in the form of a notarial deed or authorized by a lawyer, the cadastral department of the district office assesses the contract only from the point of view of whether it is consistent with the cadastral document and whether the procedural conditions for permission to register are met.

The cadastral department of the district office decides on the proposal for registration within 30 days from the date of delivery of the proposal for registration. If the contract for the transfer of real estate was drawn up in the form of a notarial deed or was authorized by a lawyer, is not inconsistent with the cadastral document, and procedural conditions for permission to register are met, the district office decides on the proposal for permission to register within 20 days. The district office may decide on the proposal for permission to register based on a request for expedited proceedings on the proposal for registration and payment of the corresponding administrative fee within 15 days from the date of delivery of the proposal for registration.

If the conditions for registration are met, the registration is permitted, and a copy of the decision permitting the registration is sent to the participants in the proceedings within 15 days from the date of the decision. The decision becomes effective on the day of its issuance.

In case of refusal of registration, the decision is delivered to all participants in the proceedings, and an appeal can be filed against this decision. The appeal is submitted to the cadastral department of the district office that issued the decision, within 30 days from the delivery of the decision to the participant. If the district office does not grant the appeal in its entirety, the court decides on the appeal.

3. Administrative Fees Administrative fees are fees paid for the acts and proceedings of state administration authorities, higher territorial units, and municipalities.

The proposal to initiate proceedings for permission to register the right to real estate in the land registry is subject to a fee of €66, regardless of the price of the real estate. In the case of electronic submission of this proposal, the fee is reduced by half, i.e., €33.

If the participant in the proceedings requests expedited decision on registration within 15 days upon delivering the proposal to the land registry, the fee is €266. If the participant submits an “expedited” proposal for registration electronically, the fee is €133. The surcharge for expedited decision is payable on the day of delivering the proposal for registration.

If the competent authority does not decide on registration in the shortened term, the difference between the fee for expedited decision and the fee for a decision in the standard term is returned.

In the case of suspension or rejection of registration, the fee is not refunded.

4. Sanctions for Non-Compliance with Obligations In case you decide to buy or sell real estate, it is always better to consult with a lawyer or turn to a real estate agency. This way, you can avoid unnecessary risks.

The sales contract must contain essential elements of the contract, whether the act is done in the prescribed form, whether the transferor is authorized to deal with the real estate, whether the expressions of will are sufficiently specific and understandable, whether contractual freedom or the right to deal with the real estate is not restricted, whether the contract violates the law, whether it circumvents the law, and whether it contradicts good morals. Otherwise, the proposal for registration in the land registry may be interrupted, stopped, or even rejected.

5. Where Can a Citizen Seek Help or Advice in This Situation? Contacts for Relevant Authorities

Contacts and official hours for individual cadastral departments of district offices in the regional capitals are available on the website of the Ministry of Interior of the Slovak Republic:

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

Contacts and information for submitting an electronic proposal for registration can be found on the Portal of Electronic Services of the Cadastre of Real Estates.