Frequently asked questions and answers
In the following text, to assist you in buying or selling the real estate, we have responded to the questions you usually ask. If your interest is not covered by any of these questions or you need any advice or legal opinion when buying and selling real estate, you can contact us via e-mail or directly to the phone.
Land registries are public books on the legal status of real estates applicable for legal transactions, and the same is authorized to request and see the land registry extract of any interested part.
Under the principle of unity of real estate, real estate is a particle of the earth’s surface along with everything with it permanently connected to the surface or below it, which means that buying an apartment at the same time you buy an ideal part of the building and the land on which the building was constructed, or if you are buying a land also become the owner of all that is built on the same regardless of whether the reported built, drawn and registered in cadastral maps and land registers.
The sales value of the property determined by the seller, in accordance with the market trends or the law of supply and demand, the market value of the property is determined by the tax administration according to their “tables”, while the value of the property necessary for the realization of the bank loan is determined exclusively licensed appraisers.
There are no obstacles or sanctions in purchasing real estate in Croatia, but for registration in the land register is necessary with the sales contract include proof of Croatian citizenship.
Yes, in which case they must apply to the Ministry of Foreign Affairs of the approval of the agreement by which a property purchase, to the same approval submitted the proposal for the registration of property rights. From 01th February 2009 EU citizens, in accordance with the provisions of the stabilisation and association equated with Croatian citizens of the right to acquire real estate, except for agricultural lands and areas protected by the Nature Protection Act.
Every owner who is his ownership of the property entered in the land register, as could also validly transferred to the buyer, but may sell the property and the owners of unregistered, in which case the buyer acquires non-registered ownership, and for a valid registration in the land register on their behalf, is required to prove legal sequence.
The buyer must pay the seller the full amount of the agreed purchase price and the seller is obliged to deliver to the customer’s property and allow the transfer of property rights to the buyer.
According to the agreement, usually 10% of total agreed purchase price, in accordance with the legal maximum.
Signature of the contract of sale shall only certify a seller and the Republic of Croatia by a notary and abroad in Croatian diplomatic mission or a notary in which case it necessary to empower the same certification to the competent court.
The statement which the seller declares that from the customer received the full amount of the agreed purchase price, pursuant to which the same allowing land register transfer of title to the property that is the subject of the sales contract.
The buyer, in the amount of 5% of the market value of the property. A customer who solves its housing issue in the manner and under the terms of the Law on Amendments to the Law on real estate is exempt from it in its entirety. All instructions regarding the above exemption, depending on the particular case, the customer can fully profit from your broker.
Yes, each acquirer pays the property tax on real estate in the amount of 5% of the market value of the property you acquire.
The buyer is obliged within 30 days to report to the tax office of the tax liability, and within 15 days from the date of the decision on the payment of taxes, is obliged to pay the same.
Yes, the obligation of obtaining a “green seal” at the competent tax office.
The payer of the value added tax when buying a newly built property is the buyer who pays the same taxes included in the total agreed purchase price, in which case it is not required to pay sales tax, otherwise it would be done on double taxation. Unfortunately, according to the supplementary regulations of the tax administration, and contrary to the principle of unity of the property, the buyer pays sales tax on land under and around the building where the apartment is located, at the same rate.
Seller real estate is subject to income tax if it alienates the property before the expiration of three years from the purchase of the same, and the difference between the buying and selling price, but the same obligations may be released.
When a natural person leased property, the tax base is the monthly amount of the rent reduced by the flat-rate cost (30%). Should this amount be less than 2.400 kn per month, is taxed at the income tax rate of 20% plus additional tax, and if it is more than the above amount at the rate of 35% plus additional tax. If a property leased from a legal entity undertaking, pay 25% VAT, and instead of income tax at the end of the year tax equal to 35% of total profit. In the rental of rooms and hallways taxes are calculated in the same way, but the tax base is lower, since the resulting rejection of lump-sum expense ratio of 50%.
The Party who asked their services for real estate the same pay the agency a fee of 3% + VAT of the contracted price.
Necessary documents for safe buying and selling of real estate
- Ownership certificate
- Solution the purchase / redemption of the current state (for apartments that have a purchase)
- Layout (in apartments which in l. The list is not registered sizes / by an authorized person / so the customer knows what he is buying).
- Ownership certificate – a copy of the cadastre plan
- Building permit / solution on the conditions of construction / confirmation of the main project, or confirmation that the house was built before 1968
- Project documentation on the basis of which is obtained by the above license / solution / confirmation
- Use permit (if any)
- Video of the current situation (by an authorized person / to confirm that in fact in line with the projects / permit and so the customer knows exactly what you bought!).
Acts for use, in accordance with Art. 116 of the Law on Amendments to the Law on Spatial Planning and Construction (OG 90/11), for post-registration that is attached to the act of occupancy, required one of the next of these acts:
- Operating license
- The final report of the supervisory engineer,
- Conviction for use
- Building permit (final) or other relevant document issued by 19 June 1991 With building inspection certificate that is not in the course of proceedings building inspection
- Confirmation of the governing body in charge of construction to the use of the building does not issue an act on the use of
- Permission for use
- Certificate cadastral office or the central office of the State Geodetic Administration that the building was constructed by the 15th February 1968.
- Ownership certificate
- A copy of the cadastre plan
- Title deed – if there lok.Dozvola / građ.dozvola / solution on the conditions of construction / certification of the project – an extract from the urban conditions
- Identification (if needed)
- Video of the current situation + staking out the field (by an authorized person / to confirm that everything is actually in line with the cadastre and inscribed with the surface area / so the customer knows exactly what he is buying!)
The obligation of the seller is to present and / or before the above-mentioned documents depending on the type of property being sold, as well as his obligation to present and / or before the above-mentioned documentation agent and customers in sales, certain types of real estate.
Application of the Law on Real Estate Brokerage
From April 27, 2009 begins to apply the law on mediation in real estate. This Act regulates the conditions for carrying out mediation
In accordance with the new law on mediation in real estate, brokerage of real estate may be a fee to deal only brokers who qualify in accordance with the provisions of the Act.
WHY WORK WITH AN AUTHORIZED REAL ESTATE AGENTS?
There are three fundamental reasons why you should definitely work with authorized agents in real estate.
The first reason was RECONCILIATION WITH THE LAW. Since the new law determines who can deal with real estate was finally explicitly specified in this profession, who may engage in brokerage business, and who does not. It therefore clearly imposes a logic that anyone decide to do business with verified legal person, and not someone who works “in the black”.
Another reason is EXPERTISE certified real estate agents. Specifically, each licensed real estate, after adequate training, must undergo the certification exam for real estate agent that enables professional and profesonalno dealing with real estate.
The third reason IU SAFETY. The Law on Real Estate Brokerage stipulates that real estate agents bound with insurers in the Republic of Croatia to provide and renew insurance for damages caused by the Client or third parties may have caused during mediation. It was determined that the lump sum can not be less than 200,000.00 KN per one adverse event, or 600,000.00 KN for all claims in one insurance year.
Check the agent / agency !!!!
All buyers and sellers of real estate are advised that when buying or selling real estate mandatory checks the person you are working and to check if the person is qualified for a real estate agency (agent with a license for real estate agency). A way to check that the person who mediated meets all the statutory requirements is to check the directory agents of real estate at the Chamber of Commerce, said directory is public and available to the public.
By engaging a licensed agent will each buyer or seller to get the maximum professional and accurate information about the subject property, to avoid possible fraud and to ensure maximum your investment whether it is about buying or selling real estate.