This Act was passed by the National Council of the Slovak Republic on 8.7.1993 and promulgated on 22.8.1993. Since 1993 it has been amended several times, most recently on 5. 12. 2019 by Act No. 476/2019. While the Civil Code sets out the basic requirements for concluding a purchase agreement, Act No. 182/1993 Coll. on the Ownership of Flats and Non-Residential Premises lays down further requirements

Under Section 5, this Act stipulates that the agreement must include the following:

– a description of the flat or non-residential premises in the building and of the flat’s ancillary spaces, the location of the flat or non-residential premises in the building by flat number, entrance number and a description of the non-residential premises, and the floor area and fixtures and fittings of the flat and non-residential premises in the building,

– the size of the co-ownership share of the owner of the flat or non-residential premises in the common parts of the building, the common facilities of the building, ancillary spaces, the land on which the building stands and the adjoining land, whereby the size of the co-ownership share is determined by the ratio of the floor area of the flat or non-residential premises to the total floor area of all flats and non-residential premises in the building, unless the adjoining land is dealt with under letter e),

– the identification and description of the common parts of the building, common facilities of the building, ancillary spaces and adjoining land, and, where applicable, which common parts, common facilities, ancillary spaces and parts of the adjoining land are used only by certain owners of flats and non-residential premises,

– provisions on rights to the land on which the building stands and to the adjoining land,

– the size of the co-ownership share in the adjoining land, as agreed between the acquirer of the flat or non-residential premises and the owner of the building,

– a declaration by the acquirer of the flat or non-residential premises in the building that they accede to the owners’ association agreement or the management agreement,

– provisions on rights to civil protection facilities, where such facilities exist in the building, subject to the prior consent of the relevant authorities.

The status under the final building approval is the decisive factor in whether the provisions of this Act can be applied. Several decisions of the Supreme Court of the Slovak Republic have addressed this issue. One of them states that, in order to assess whether a room or set of rooms constitutes a flat, building regulations must be applied. Where it is a question of rooms permanently intended for habitation, the building decision is what matters. In this case, the court held that there is no need to consider the actual situation, that is, the way in which the rooms are used.

Once you conclude a purchase agreement, in order to become the owner of the property you must send the necessary documents – the agreement, together with the application for registration and its attachments – to the cadastral department of the district office. The Act also specifies the attachments required when the ownership of a property changes, chiefly a declaration by the building manager or owners’ association confirming that there are no arrears attached to the property.

An amendment in the second half of 2018 tightened the requirements for applications for registration.

To make sure all documents are in order when transferring your property, we arrange legal services at an hourly rate of 60 EUR including VAT. Costs vary according to the complexity of the agreement in question, typically as follows:

  • Drafting a purchase agreement – from 6 hours (depending on the complexity of the agreement)
  • Checking and reviewing the agreement – from 6 hours (depending on the complexity of the agreement)
  • incorporating comments – depending on the extent
  • preparing the application for registration – 2 hours (120 EUR)