Legalization and apportioning of the property

Apportioning is the process by which you establish ownership of a specific part of the building, i.e., your flat and its associated parts. You can enter the established ownership in the land registry. The only legal proof of ownership of a flat, house, business premises or other property is an extract from the land registry. 
According to the Act on Ownership and Other Real Rights (Official Gazette 91/96), any space in the building, including flats, houses, garages, business premises, etc. CANNOT be entered in the land registry until the building has been apportioned, i.e., until a study is made with a plan of special parts of the building and until it has been certified by all co-owners. 
Without proper paperwork, it is not possible to enter the property in the land registry, nor is it possible to successfully sell the property or obtain a mortgage loan for the property. 
If you let our agency perform brokerage related to your property, whether it is a flat, house or business premises, and your property is not apportioned, the agency will, in cooperation with our authorized architects, request apportioning services before the process of selling the property.
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The future buyer or each owner of the property expects that his property has proper papers - valid ownership and construction documentation. In the case of construction of a property, the main role is played by construction or technical documentation proving that the property was built in accordance with all relevant laws and regulations. What happens in the event that this documentation is improper, i.e., that the property does not have a building or use permit? 

Everything that was built, upgraded, additionally expanded or reconstructed after 15 February 1968, in order to be considered legal, must have a building license, whether it is a building permit, a decision on construction conditions, a location permit with the right to build or an approval on the main design. In addition to the building approval, the building must be constructed in accordance with the approval, in terms of the volume of the building, purpose, position of external walls and openings, etc.
An illegal building (in whole or in part) that meets the requirements for legalization is legalized under the Act on the Treatment of Illegally Constructed Buildings.
It is important to note that all buildings built by 15 February 1968 are considered legal, but for their entry in the cadaster and land register, you need to obtain a Certificate from the competent cadaster that the building was built before 15 February 1968.

New buildings and reconstructions of existing ones can be legalized if they are visible on the digital orthophoto map of the State Geodetic Administration made on the basis of the aerial photogrammetric survey of the Republic of Croatia of 21 June 2011. The building must be built at least in rough structural works of one floor (foundations with walls, i.e., columns with beams and ceiling or roof structure with or without roof).

Apportioning for the purpose of selling or renting property may only be carried out for legal buildings. The process of legalization of buildings is carried out by adopting a decision on the as-built state. The decision on the as-built state shall be issued by the administrative body of the regional or local self-government unit in whose area the illegally constructed building is located, i.e., the Agency for the Legalization of Illegally Constructed Buildings. 
Legalized buildings achieve higher market value, it is easier to take out a loan, request incentives for energy renovation or request other subsidies from national or European funds. 
The most important advantage of legalized properties is a safe and faster sale of your property. No buyer wants to transfer the legalization process to themselves, they want to be sure that all the documentation of the property is in order and in accordance with the law and regulations. 
Contact us with trust so you can legalize your property with our expert team of architects.