Legal Tips
Checklist: What to Check Before Buying Property in Croatia
You've found a property. The price works, the location is right, the seller seems cooperative. Before any document is signed, the following points need to be established — ideally by a lawyer, not the agent.
Step 1: Legal checks before the pre-contract
This is the most important step — and the most frequently skipped. Once a pre-contract is signed, you're legally bound. The checks belong before that point, not after.
Land registry (Zemljišna knjiga)
- Is the seller the registered owner?
- Are there any mortgages, charges, or other encumbrances?
- Are there easements registered — for example, right-of-way in favour of neighbours?
- Are there any pre-emption rights?
- Are there active notations or pending proceedings registered?
Cadastre
- Does the recorded size and description match what is actually being sold?
- Are all structures on the plot shown in the cadastre?
Building permit and occupancy permit
- Does a valid building permit exist?
- Has an occupancy permit (Uporabna dozvola) been issued?
- Are there any unpermitted structures — extensions, terraces, outbuildings?
Legalisation status
If unpermitted structures exist: what is their current legalisation status? (Note: the deadlines under the previous legalisation law have passed; a new framework is being drafted)
Land use classification (for plots and development projects)
- Is the land classified as building land?
- What development restrictions apply?
Outstanding liabilities
Are there any unpaid tax or municipal charges registered against the property or the seller?
Step 2: The pre-contract
If the legal status of the property is not entirely in order — which is common — a pre-contract is the right instrument. The seller commits to resolving the outstanding issues before the purchase contract is concluded.
Even when everything is in order, a pre-contract is almost always signed in Croatia. It secures the transaction for both parties.
What the pre-contract must cover:
- Purchase price and payment terms
- Deposit (typically 10% of the purchase price)
- Deadline for concluding the main purchase contract
- Penalties for withdrawal: if the buyer pulls out without cause, the deposit is forfeited; if the seller pulls out, they must return double
- Conditions to be met before the main contract — for example, discharge of a mortgage, obtaining an occupancy permit
For non-EU buyers (including UK, US, and Australian nationals): the purchase contract is submitted to the Ministry of Justice after signing. Registration of ownership can proceed once approval is granted. Swiss nationals with registered temporary residence in Croatia do not require this approval.
Step 3: The purchase contract
The purchase contract is concluded once all preconditions are satisfied.
What the purchase contract must contain:
- Full and accurate description of the property (land registry data, cadastre data, area)
- Purchase price and payment terms
- Protection of the buyer's position during the gap between signing and land registry entry
- The Tabularna Izjava (Clausula Intabulandi) — the notarised declaration issued by the seller after full payment, which enables the land registry entry to be completed
- Handover terms
Sequence after signing:
- Buyer's position secured in the land registry
- Purchase price paid
- Tabularna Izjava issued by the seller
- Application for ownership transfer filed at the land registry court
- Ownership registered
Step 4: Costs and taxes
| Cost | Amount (approx.) |
|---|---|
| Property transfer tax (Porez na promet nekretnina) | 3% of purchase price |
| Notary fees (signature authentication) | approx. €20 per person |
| Court fees (land registry entry) | minor |
| Legal fees | agreed individually |
| Estate agent commission (if applicable) | 2–4% (market standard) |
Note: When buying a new-build directly from a developer, VAT (PDV, 25%) applies instead of property transfer tax — this is typically included in the listed price.
Who can draft purchase contracts?
In Croatia, only lawyers — and in certain limited circumstances, notaries — are authorised to draft property purchase contracts and provide legal advice in connection with them. Agents, agencies, and other intermediaries are not permitted to do so.
Further reading: Property and Real Estate and Setting Up a Company in Croatia (d.o.o.).
If you have questions about a specific property, get in touch — no obligation.