27/10/2019
Kauf von Immobilien im Bau

Buying real estate under construction

PRACTICAL PROBLEMS First, it should be explained that the acquisition of the property is not completed by the conclusion and fulfillment of the sales contract, but by the registration of ownership in the land register. The entry is not automatic, as with the calculation of the land transfer tax, in this case the party has to submit the sales contract for implementation at the competent land registry office. Some of the most common problems in practice arise when limited liability companies sell real estate to prospective buyers. These are mainly buildings under construction, where buyers actually finance the construction of […]
28/10/2019
EIGENTUMSERWERB IN DER REPUBLIK KROATIEN

Property acquisition in the Republic of Croatia

through a legal transaction by judicial decision or decision of another competent authority by way of succession and through the law To acquire the ownership rights to a property, not only does one have to comply with the general requirements of Croatian property law, such as a property’s ability to be the object of ownership, the acquirer’s ability to acquire the rights to a property and a valid legal title – but also additional special conditions, depending on the object that is purchased (movable property or real estate) and how it is aquired. In order to acquire the right of […]
05/11/2019

Tax treatment of real estate purchase in the Republic of Croatia as a citizen of EU Member State

If you, as citizens of the EU Member States, intend to acquire ownership of a vacation home or other real estate property in the Republic of Croatia, whether for private or business purposes, your sale and purchase transaction in the Republic of Croatia is subject to a certain tax liability, about which you can find out more below. Natural persons, as citizens of the EU Member States have the same rights to acquire real estate in the Republic of Croatia as other Croatian citizens, with the exception of agricultural land and real estate which are considered protected property under special […]
05/11/2019

Real estate rental by citizens of the EU Member States

You have acquired a real estate property in the Republic of Croatia, and you want to use it for renting as a natural or legal person. See below about your legal and tax obligations. Property owned by a natural or legal person can be rented for various purposes on the market. Thus, depending on the type of rent (tourist, residential, business), the tax liability of the lessor, who receives a certain income / profit in a form of rent, is differently determined. The type of tax you have to calculate and pay depends on whether you are operating as a […]
05/11/2019
Aufhebung des Miteigentums in Kroatien

Termination of co-ownership in Croatia

If more than one person owns a property in fractions, they are the co-owners. Unless otherwise stated, they are co-owners in equal parts. Each co-owner has for his share the rights and obligations of an owner. This means that the shares can be sold and pledged. A buyer can buy a certain share of a house or land. The successors can inherit the shares. Management and use of the whole item are to each co-owner but not at the expense of other co-owners. Co-ownership of a property arises from the purchase, heritage sharing, adverse possession distribution, or distribution of the […]
18/11/2019
Steuerverpflichtungen von EU-Gebietsansässigen bei dem Erwerb von Immobilien in der Republik Kroatien

Tax obligations of EU residents for the acquisition of real estate in the Republic of Croatia

Natural and legal persons – residents of the EU may acquire real estate in the Republic of Croatia under the same conditions as Croatian citizens, except in the case of agricultural land and protected cultural and natural resources. Property rights can be acquired through purchase, inheritance, real estate exchange, donation, adverse possession or otherwise. The acquirer of the real estate is tax liable. The real estate acquisition is subject to: VAT or the real estate transfer tax. When are you subject to VAT by acquiring  real estate? The acquiring of a real estate is subject to VAT if the property […]
18/11/2019
Die touristische Vermietung in Kroatien

Tourist rental in the Republic of Croatia

Ever since Croatia joined the EU many foreigners have been asking themselves how they can rent vacation homes or apartments in Croatia to other guests. In particular, because EU citizens can now buy real estate in Croatia more easily and the tourism industry in Croatia is getting stronger. Natural and legal persons can rent in Croatia, under certain conditions, apartments in houses ( if those apartments are their property). EU and Swiss nationals have no restrictions regarding rent of the apartments that are their property. Landlords who are citizens of other countries (so-called third countries) must register a craft trade […]
09/12/2019
Die Grunddienstbarkeit im kroatischen Recht

The easement in Croatian law

In view of the fact that the Republic of Croatia has nowadays positioned itself not only as a tourist country but also as a land for investment in real estate, this article deals with a few important points about easement. When acquiring a property, it is important for the buyer that he buys an unladen property . An easement is justified especially when he has to cross someone else’s land to reach his new property. The easement defines that the owner of a real estate can use the property of another person. It serves the better use of the dominant […]
09/12/2019
Das Bauen in Kroatien

Building in the Republic of Croatia

If an investor chooses to build a house or renovate an old building, he must not only pay attention to what the object should look like, but also who is responsible for the construction work. Obtaining the entire project and technical documents is the obligation of the investor before the construction starts. After carrying out the work, the investor is obliged to take over the building, to inspect it, and if he detects any defects, to notify the contractor within 6 months. Of course, his main duty is to pay the price of the works that have been carried out […]
09/12/2019
Der eheliche Güterstand mit grenzüberschreitendem Bezug

The matrimonial property regime with cross-border relation

On 24th of June 2016, the EU Council adopted Regulation (EU) 2016/1103 in order to achieve enhanced cooperation in the area of ​​jurisdiction, applicable law, including the recognition and enforcement of decisions in the matter of matrimonial property regime. In principle, the regulation is applicable from January 29th 2019 and from that date on, not in all EU Member States. This Regulation entered into force directly in 18 Member States, including Germany and Croatia, hence in Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Portugal , Slovenia, Finland and Sweden. This […]
09/12/2019
Sie haben eine mit Immobilien verbundene Frage und befinden sich in Europa?

Croatian inheritance law at the last will

The inheritance law in the Republic of Croatia is governed by the Law of inheritance. In the case of death, the decendent’s estate can be divided according to a will or the law. Heirs often ask what the estate (decedent’s estate) is exactly. In order to avoid ambiguity and disputes, this article presents an overview of the Croatian inheritance law at the last will. According to the Law of inheritance, anyone can make a will with which he leaves his entire property (or only his share) to someone. According to Croatian inheritance law, a personal testament, a public testament or […]
09/12/2019
Sie haben eine mit Immobilien verbundene Frage und befinden sich in Europa?

Real estate acquisition by foreigners in Croatia

Both natural and legal foreigners are allowed to acquire Croatian real estate. Foreign nationals may acquire ownership of real estate in the territory of the Republic of Croatia only if certain lawful requirements are met. The difference between EU and non-EU nationals Nationals of EU member states can, without any obstacle, acquire real estate in Croatia only if it is considered as building land and everything connected with this land (house, apartment, etc.). On the other hand, non-EU nationals can only acquire ownership of a property in Croatia if there is reciprocity between the Republic of Croatia and the state […]
09/12/2019
Die Hypothek als Sicherung Ihrer Forderung

The mortgage as a security of your claim

A loan often allows you to make a larger investment such as the purchase of a house or an apartment. Such loans are almost always secured by a mortgage on the property. The mortgage also allows the securing of another claim against the debtor. This article shows how the mortgage is regulated in Croatian law and how a creditor can secure his claim through the mortgage in Croatia. The Croatian law recognizes as a lien only the mortgage on a property. The mortgage can be registered as a voluntary, court or legal lien. A mortgage is granted only with the […]
09/12/2019
Bauvertäge im kroatischen Recht

Construction contracts in Croatian law

The construction contract is actually a service contract in which the contractor undertakes to build a specific building on a specific site within a specified period of time following a specific project, or to carry out any construction work on an existing object. The client undertakes to pay a certain price. The price can be agreed as a unit price or flat rate. The building contract, according to the Croatian law,  has to be concluded in written form. Each construction contract must therefore include the object and the price. The following article outlines the basic rights and obligations that the […]
20/04/2020
Covid 19

Corona Virus Epidemic News (COVID-19)

Public life in Croatia has been almost stopped since March 2020. This has considerable consequences for project developments and the real estate market in general. Because of that it is important to emphasize the fact that this crisis also creates new opportunities. Instead of project developments, it is now much more interesting to buy existing real estate or projects or even entire LLCs because the market prices drop due to the epidemic. Prices will change strongly at the beginning and end of summer season – depending on how much of a turnover will be made in Croatia in the summer […]