Obtain the land registry extract from the competent land register court
Agency: Municipal Court Zagreb, Land Registry Office
As part of the due diligence process, the buyer needs to know the status of the property. For transaction involving large sale amount as in the case scenario, the buyer, or their representative would go personally to the land registry to look at the documents and make sure everything is aligned. An unofficial land registry extract, without legal power, can be obtained online by anyone at any time, via internet page of the Ministry of Justice. Since November, 30, 2015 notary with the certificate from Croatian Notary Chamber and Financial Agency can issue the formal extract from any land registry office of any Municipal.
Time and cost: 1 day, HRK 20 (HRK 20 per extract)
Notary notarizes the sale contract
Agency: Notary
Land Registry Department of the Municipal Court will allow registration of ownership right only based on public documents or private documents with a notarized signature of at least a person whose right is going to be restricted, encumbered, terminated or conveyed. Thus, the Land Registry Department of the Municipal Court will allow registration of ownership right based on the sale contact if a public notary verified / notarized the signature of the seller (a party whose property right will be restricted, encumbered, terminated or conveyed).
Time and cost: 1 day, HRK 40 (HRK 40.0 (VAT not included) (47.5 VAT included) per signature verified by public notary)
Submit the sale contract to the municipal tax administration to receive an estimate of the land transfer taxes
Agency: Municipal Tax Administration
The buyer submits the sale contract to the municipal tax administration (although the notary is legally mandated to do the same as well) to receive an estimate of the land transfer taxes to be paid. Pursuant to Article 19 of the new Real Estate Transfer Tax Act (Official Gazette No. 115/2016) in force as of January 1, 2017, a person is obligated to pay the real estate transfer tax, and is exceptionally obligated to submit a real estate transfer tax application if documents on the acquisition of the real estate were not notarized by the notary public, issued by the competent court or other public authority. A person is obligated to submit a real estate transfer application to the Municipal Tax Administration where the real estate is located within 30 days.
Likewise, a public notary is obligated to electronically deliver one copy of a document which is a legal base for real estate transfer, together with the personal identification number PIN (“OIB”) of the parties, within 30 days to the Municipal Tax Administration where the real estate is located. (Pursuant to Article 18 of the new Real Estate Transfer Tax Act (Official Gazette No. 115/2016) in force as of January 1, 2017).
Time and cost: 30 days, Taxes paid in Procedure 5
Request for property registration/title transfer is submitted
Agency: Municipal Court Zagreb, Land Registry Office
The request for property registration/title transfer approval is submitted to Land Registry Office at the Municipal Court. The Registry conducts the registration procedure and renders the decision issuing the property title. The process of recording the sale agreement with the competent land register court takes around 20-30 days. Although the date of application for registration will be marked in the Registry as the moment of transferring the ownership, Only the final decision, the one allowing the registration has the full legal effect.
The documentation to be submitted shall include:
- Notarized sale agreement
- Application form
- Certified copy of an ID or a passport
- Personal Identification Number (OIB) (required since January 1, 2009, Land registry Act of December 18, 2009).
Time and cost: 25 days, Registration fee is paid in Procedure 5
Pay land transfer taxes, registration fee and stamp duty at the commercial bank or post office
Agency: Commercial Bank or Post Office
The fees and taxes can be paid in the post offices or in the commercial banks, but only to the indicated State Budget bank account number.
Time and cost: 1 day, HRK 136,904.79 (3% of property value (real property transfer tax) + HRK 200 (registration fee) + HRK 50 stamp duty)