Legislation

REAL ESTATE LAW

Real estate is mainly governed by the Law of Property Code (Stvarnopravni Zakonik), the Land Register Act (Zakon o zemljiški knjigi), The Real Estate Recording Act (Zakon o evidentiranju nepremičnin), The Agricultural Land Act (Zakon o kmetijskih zemljiščih), The Housing Act (Stanovanjski  Zakon) and the Protection of Buyers of Apartments and Single Occupancy Buildings Act (Zakon o varstvu kupcev stanovanj in enostanovanjskih stavb).

 

INTERNATIONAL LAWS RELEVANT TO REAL ESTATE IN JURICDITION OF SLOVENIA

The Constitution of Republic of Slovenia (Ustava Republike Slovenije) provides, that foreign nationals may acquire ownership right to real estate only under condition provided by the National Assembly. International agreements that enable foreign nationals (apart from nationals of EU members) to acquire real estate in Slovenia are therefore relevant in this aspect.

 

OWNERSHIP

Legal restriction on ownership of real estate by particular classes of persons: non resident persons.

There are 3 different Categories of foreign nationals with regard to these limitations:

  • EU nationals, citizens of member countries of the OECD and European Economic Area (no limitations);
  • Nationals of candidate countries for EU accession (reciprocity required); and
  • Citizens of third countries (can only inherit  real estate in Slovenia;  repriocity is required).

REAL ESTATE RIGHTS

  • Ownership
  • Mortgage
  • Servitudes
  • Encumbrance
  • Building rights

These rights  exist only if they are registred in the land registry and therefore have erga omnes effect.

Apart from the above, parties can freely agree upon contractual rights over land. Some of those can be registred (lease, option rights..) and in this way become effective with regard to third parties as well.

Certain facts related to real estate can be annotated in the Land Registry  (annotation of a dispute over real estate, annotation of priority…); the purpose of annotations is to protect the rank of a right that might be entered into the registry at some later point in time.