Real Estate Law For Slovenia
Real estate law in Slovenia is well-developed and follows the principles of international law. The law provides for a public register of immovable properties and includes entries on ownership rights, possible encumbrances (mortgages) and notices on pending actions. Entries are based on legal facts and can be changed in the course of legal transactions.
Citizens of the EU and OECD/EFTA member countries may acquire real property without restrictions and can also hold shares in property owning companies. Citizens and legal entities of countries outside the above categories can only acquire real estate by obtaining a decision on reciprocity with Slovenia.
Real Estate Law in Slovenia: Tips for Buyers and Sellers
Ownership of real estate is evidenced by an entry in the land register managed by local courts responsible for deciding on registrations and the like. The land register is publicly available in electronic form and enables anyone to check information on the rightful owners of real estate and their legal status. Ownership of real estate consists of the right to the land and buildings built thereon.
Generally, building rights are not separately chargeable and are included in the ownership of land. However, if a mortgage over the land is established the principle of superficies solo credit applies and the building itself will be charged as a consequence.
When buying real estate, a preliminary contract is drawn up setting out the basic terms of sale, including the purchase price and terms and conditions. This is then followed by the main contract. A survey is not always necessary but for foreign buyers, it is advisable to have one done before finalising the purchase as this can help avoid potential misunderstandings in the future.