BUYING A PROPERTY IN CROATIA

BUYING PROPERTY (Citizens of EU member states)
. December 5, 2008, the Law on Changes and Amendments of the Law of Property and other property / proprietary rights, which, removal of the existing law the special situation (on the basis of reciprocity and consent of the Minister of Justice) to acquire ownership of real estate in the Republic of Croatia ( Article 60 / 2 SPA), equated the rights of citizens and legal entities of EU member states to the rights of Croatian citizens.
Based on this, the entry into force of amendments and additions to the Act of February 1, 2009, citizens of EU member states acquire ownership of the property in the Republic of Croatia to the same conditions as Croatian citizens.
. With regard to persons who are not citizens of EU member states, but are planning to purchase real estate in the PX, the existence of conditions of reciprocity and consent of the Minister remains the position, which should be executed to ensure that person had the opportunity to buy property on the basis of retsiprotsiteta.

Citizens need to obtain the approval of the Ministry of Foreign Affairs of the Republic of Croatia. Prior to reaching a decision the MFA will seek an opinion from the Ministry of Justice, Administration and Local Self - Government. The whole process might take a couple of months (in some cases takes 1 year). In Croatia the ultimate proof of ownership is entry of the owners name in the local Land Registry (Zemljisne Knjige) on that specific property. The local courts will not allow a foreign citizen to be entered in the Land Registry without the MFA approval. Here is a list of the documents, which have to be supplied to the MFA when requesting an approval to purchase property in Croatia:

1. The sales contract; 2. An excerpt from the land registry for the particular property (In Croatian ZK izvadak). This document is usually obtained in each municipality (Opcina) at the local municipal court (Opcinski Sud); it's land registry division (Gruntovni Odjel); 3. A document from the local municipality (Opcina), from the following department: "Ured za prostorno planiranje". The document is called "Uvjerenje o namjeni", for the particular property; 4. Proof of citizenship for both buyer and seller (photocopy of passport); any photocopies have to be notarised by a Croatian Notary Public

Reservation Deposit Once you have found your ideal property and before paying the deposit, the agents will check that your future property is free of any debts or mortgages, so that you can freely pay the deposit. The deposit is legally 10 % of the agreed price. You can either pay this by credit card, bank transfer or cash.

In a case you have changed your mind, and want to give up of purchasing, legally you have to pay double of your deposit. Exactly the same fine applies for the vendor/developer: they pay the double of the deposit to the buyer.

Paying the reservation deposit guarantees that the property you have chosen is taken off the market and is reserved for you at the agreed fixed price. At this stage the Estate Agent will explain the procedures involved with purchasing a property, as well as negotiating terms with the vendor.

After the initial reservation deposit has been paid, you have up to thirty days to exchange private purchase contract. This basically means that you will pay the reminder of the deposit required. On the assigned day of completion, the buyer and seller (or their authorized representatives) will be presented at the office of the Notary (Javni Biljeznik) to sign the title deed (Ugovor or Kupoprodaji Nekretnine). The Notary does not check any terms, but certifies that both parties have agreed to the terms stated, (the Notary is in place to witness both parties' signatures). At that stage your agent will prepare a copy of your contract and all other (see above) necessary documents to be sent to the Ministry of Foreign Affairs.

While waiting the Ministry's approval you can start to reside in Croatia. Once the approval arrives your agent will fax it to the local Land Registry and confirm you as a new owner and you will have to pay the tax in the Taxation Office.

In Croatia both the Vendor and Purchaser pay a commission to the selling agent, this is usually between 3% - 6% from each. The Tax to pay to the government for purchasing a property is 5% of the agreed price. Even Croatian citizens have to pay this amount and it can be paid when you receive the approval of the Ministry of Foreign Affairs.

BROKER, real estate agency team.