To buy or sell real estate, you need a title deed and a copy of the cadastral plan. It is also desirable to obtain urban conditions or excerpts from the production plan from which it is evident what is provided for the subject location (only if it is land) telocation or construction permit.
The assessment of the market value of a real estate does not only mean determining the construction value of that real estate, but also refers to checking the legal status, ie comparing the data in the ownership and spatial documentation with the state of nature, ie identification of the object. In this way, both the seller and the buyer are sure that the property is not under any encumbrance, ie under a mortgage. For the sale of real estate, this assessment is not mandatory, but if it was assessed by a credible expert, the object gains in value.
The price of real estate is determined by its seller, in accordance with supply and demand, its market value is determined by the tax administration, while the value of real estate required for a bank loan is determined exclusively by certified appraisers (mostly determined by the bank where you take the loan).
Real estate in the Republic of Croatia can be bought by any legal or natural person, because there are no obstacles or sanctions for its purchase, but for registration in the land register, it is necessary to enclose proof of Croatian citizenship with the purchase contract.
Real estate in the Republic of Croatia can be sold by any property owner who has registered his property in the land register, so that this property can be legally transferred to the buyer. The real estate can also be sold by owners who are not registered in the land register, but in that case the buyer of the real estate acquires unregistered ownership, and for a valid entry in the land register he is obliged to prove the legal sequence in his own name.
The buyer of the real estate is obliged to pay the seller the full amount of the agreed purchase price, and the seller of the real estate is obliged to hand over the real estate in question to the buyer and allow the transfer of ownership to the buyer (the so-called tabular statement is sometimes required).
A down payment is a deposit that the buyer of the property pays to the seller stating the intention to purchase the property in question. It is determined by agreement, and usually amounts to 10% of the total contracted purchase price, in accordance with the legal maximum. The down payment is a sign of the seriousness of the business and the real intention to buy real estate. The down payment is fully regulated by the Civil Obligations Act.
Only the seller's signature with a notary public needs to be verified on the sales contract. If you are abroad, you must certify the sales contract at a Croatian diplomatic mission or notary public, whereby the same certification must be enforced by the competent court. If the sales contract is notarized, it must be certified by a certified court interpreter translate into Croatian.
A tabular statement (clausula intabulandi) is a statement by which the seller of real estate declares that he has received the full amount of the agreed purchase price from the buyer, after which he allows the land registry transfer of owner ship of the real estate subject to the sale contract.
Real estate transfer tax is paid by the buyer at a single tax rate of 5% of the purchase price or value of the property. In the event that a buyer who resolves his housing issue in the manner and according to the conditions of the Act on Amendments to the Real Estate Sales Act (OG 153/2002) is exempt from paying that amount in full. Information and all instructions related to the exemption from sales tax, and depending on the specific case, the buyer can get in full from his agent, if he uses it. You are exempt from real estate transfer tax if you are solving your housing issue for the first time. For one person no tax is paid up to 50 m2, for two up to 65 m2, for three persons up to 80 m2, for four persons up to 90 m2, for five persons up to 100 m2, for six persons up to 110 m2, for seven or more persons up to 120 m2. Eg. if you are single and you are buying a property with an area of 73 m2 for the first time, you pay real estate sales tax only on the difference between 73 m2 and 50 m2, ie on 23 m2.
The buyer of the real estate has the right to request the registration of the ownership right even before the payment of the real estate transfer tax.
The deadline for registration and payment of real estate transfer tax is 30 days, ie the buyer of real estate is obliged to report the occurrence of the tax liability to the tax office within 30 days, and within 15 days to the date of issuance of the decision on tax payment. . If the buyer of the real estate does not pay the tax within the deadline, interest will be charged for each day of exceeding the deadline.
In addition to being obliged to pay real estate transfer tax, the seller of real estate is also obliged to pay income tax in some cases, provided for in Article 27-Art. 29. of the Income Tax Act (OG 177/04, 73/08, 80/10, 114/11, 22/12 and 144/12).
A legal or natural person who requests the mediation of an agency in the purchase, sale, lease, exchange, or lease of real estate shall pay to that agency an intermediary commission determined by the agency and in accordance with the concluded contract.
