The registration of the occupancy permit or the Decision on the executed condition in the title deed is not just an administrative step, but an important part of arranging the title deeds. Without it, the property is often "visible" as illegal in practice, i.e. it is impossible to know whether a valid occupancy permit or Decision on the executed condition has been issued for the property, which later makes it difficult to sell, lend or develop a condominium.
Why is registration important
The occupancy permit confirms that the constructed or reconstructed building may be used, that is, that it was built according to the issued construction permit, while the decision on the executed condition for legalized buildings has the legal force of a construction and occupancy permit for a completed building. After obtaining this document, the next step is to register the building in the cadastre and land registry so that the data on the property is harmonized. Only then does the title deed show the actual condition of the property and provide a more secure basis for further disposal of the property.
What does the procedure look like
In practice, the procedure takes place through a geodetic study, verification in the cadastre and then implementation in the land registry. An authorized surveyor prepares a study for recording or changing data about a building and submits it to the competent cadastral office, which examines and confirms it. As part of this request, the surveyor also submits an Occupancy Permit. The cadastral office, ex officio, submits a notification to the competent court that an occupancy permit has been attached for recording the building in the cadastre, or infrastructure cadastre, and states the body that issued the permit, its markings and the date of issue. If an occupancy permit is not attached, the cadastral office submits a notification to the competent court ex officio that the permit has not been attached.
What documents are required
A surveyor's study, proof of the legality of the building, an extract from the land register, a title deed and appropriate documentation from the owner are most often attached for registration. An occupancy permit, a decision on the as-built condition or another valid document may serve as proof of legality, depending on when the building was built and according to which regulation it was built. In more complex cases, especially in the case of inconsistent ownership relations, additional legal arrangements may be required before registration.
Electronic submission to a public notary
In the event that the property is already registered in the cadastral plan and land registry extract but for some reason the Usage Permit, or the Decision on the Executory Condition, has not been registered, the procedure is much faster and simpler. Since February 10, 2023, proposals for the registration of the Usage Permit in the land registry have been submitted electronically via a notary public or lawyer. This has accelerated the procedure and reduced the classic physical submission, but it still remains important that the documentation is complete and properly compiled. In practice, it is therefore often recommended that the procedure be conducted by a professional.
Most common doubts
Many owners confuse legalization with registration, but these are not the same procedures: the decision on the executory condition resolves the legality of the object, while the registration in the cadastre and land registry is done separately. Also, not every building is treated equally; the method of registration depends on whether the object was built with a permit, legalized subsequently, or belongs to a special category of older buildings. That is why it is a good idea to check the status of the documentation and prepare all evidence of legality before starting the procedure.
In such situations, RESIDENT Nekretnine can help owners to understand more quickly what they are missing and what is the next step towards a proper title deed.
Conclusion
When the use permit or decision on the derived state is entered in the title deed, the real estate becomes legally cleaner, more transparent and easier to transfer. This is an important step for any owner who wants to avoid problems when selling, inheriting or financing a property. With good documentation preparation and a properly managed procedure, the whole process can be much simpler than it seems at first glance.