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Key steps when buying real estate

Posted by qy9hu on July 29, 2022

“If something is the Law then it is valid for everyone, if it is not valid then it is not the Law (unknown author)

“The law is like a sword: put it in its scabbard, and it is the most innocent thing, children can play with it; if you take it out, if you wave it around, then heads fall” (Josip Kozarac, 1858 – 1906, Croatian novelist)

Source: E-citizens, information and services

Are you buying real estate?

Do not give in to emotions, approach the purchase rationally.

Here’s what you need to watch out for!!!

When buying an apartment or a house, it is necessary to carefully check the documentation – extract from the land register, building permit or other appropriate act for construction, use permit and energy certificate

When buying real estate, first check the ownership registered in the land register of the municipal court in the area where the real estate is located. Also, ask the owner of the property for all the documents about the building and the land he owns, as well as the energy certificate.

Land Registry entry

The land register extract is the only proof of ownership or any other right that can be the subject of entry in the land register.

Energy certificate

An energy certificate is a document that presents the energy properties of a building and is drawn up by authorized persons for energy certification – energy certifiers. The document is valid for ten years from the date of its issuance.

The building’s energy certificate is issued for the building, or its special part, for which it is necessary to use energy to maintain the internal design temperature in accordance with its purpose, except for:

• a building used for holding religious ceremonies or religious activities

• temporary building with a useful life of two years or less, industrial plant, workshop and non-residential agricultural building with low energy needs

• a residential building that is used less than four months a year

• a free-standing building with a total usable area of ​​less than 50 m2.

The investor, i.e. the owner of the building for which an energy certificate is issued, is obliged to obtain an energy certificate before issuing a use permit, unless otherwise prescribed by law.

The owner of a building for which an energy certificate is issued, or of its special part, is obliged to:

• obtain an energy certificate before selling, renting, renting or leasing the building or its special part

• hand over the energy certificate or its photocopy to the buyer, lessee, lessee, or lessee

• present the energy certificate to a potential buyer, lessee, lessee, or lessee

• in the advertisement for sale, rent, lease or leasing of the building or its special part published in the media, state the energy class of the building.

Purchase contract

In addition to everything stated in the pre-contract, the real estate sale contract usually includes the date of handing over the real estate to the buyer as well as the seller’s guarantee that there are no rights of third parties on the real estate. It is recommended that you entrust the drafting of the (pre)contract to a lawyer, in order to make sure that you are well protected as a buyer.

Have the sales contract certified in multiple copies by a notary public.

 If you are buying real estate with a bank loan, you will first solemnize the contract with a notary public, and the bank will register a mortgage on the real estate.

When buying real estate, the seller is obliged to hand over the energy certificate or its copy.

Registration of ownership

The right of ownership of the real estate based on the contract of sale is not acquired automatically, but by registration in the land register.

Real estate transfer tax

You must report the purchase of an apartment or house to the office of the Tax Administration in the area where the property is located within 30 days from the date of the tax liability, i.e. the signing of the sales contract. The real estate transfer tax rate is three percent of the market value of the real estate at the time of its acquisition, and is paid by the buyer.

Photography where real estate sales are published

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