How long does the registration in the land registry take?

Updated:

QUESTION

I would like to ask how long the registration in the land registry usually takes?

ANSWER:

Hello, The cadastral proceedings are regulated by Act No. 162/1995 Coll. on the Cadastre of Real Estates and on the Registration of Ownership and Other Rights to Real Estates (the Cadastral Act, hereinafter “CA”).

According to § 32(1) CA, “The district office shall decide on the application for registration within 30 days from the date of delivery of the application. In the case of a strategic investment, the district office shall decide on the application within 15 days from the date of delivery of the application.”

This provision basically sets two different deadlines for the district office’s cadastral department to make a decision. Both deadlines limit the maximum duration of the cadastral proceedings. The exception mentioned in the second sentence of § 32(1) CA applies only to strategic investments according to Act No. 142/2024 Coll. on Extraordinary Measures for Strategic Investments and the Construction of the Trans-European Transport Network.

The basic 30-day deadline can be extended, especially if the applicant does not pay the administrative fee or fails to submit a public or other document confirming their right to the property. To allow the participant to remedy these deficiencies, the office temporarily suspends the proceedings (§ 31a CA) for a maximum of 30 days. The period during which the proceedings are suspended is not included in the statutory deadline for the decision.

If the office decides to approve the application, it shall register the entry in the cadastre “on the day the decision permitting the registration becomes legally binding, but no later than the following working day (§ 43(1)(a) CA).”

Deadline for expedited registration in the land registry


The Cadastral Act also regulates two additional “special” deadlines within which the office may decide.

According to § 32(2) CA, “If the contract for the transfer of real estate was executed in the form of a notarial deed or was authorized by a lawyer, is not in conflict with the cadastral records, and the procedural conditions for permitting the registration are met, the district office shall decide on the application for registration within 20 days.

The reason for the shortened deadline is that the notary or lawyer, by their signature, essentially “guarantees” the legal correctness of the real estate transfer contract (e.g., the contract’s eligibility for registration under § 42 CA). Therefore, the cadastral office’s role is only to assess the contract formally, i.e., to check whether “it is not in conflict with the cadastral records and the procedural conditions for permitting the registration are met.

The deadline can also be expedited under § 32(3) CA, which states, “The district office may decide, based on a request for expedited proceedings on the application for registration and payment of the administrative fee, within 15 days from the date of delivery of the application. If the office does not decide within this deadline, it shall decide within the deadline under paragraph 1.

The request for expedited proceedings must be submitted together with the application for registration and proof of payment of the administrative fee. The fee for expedited registration under § 32(3) CA is 300 euros. However, if the proceedings are stopped or temporarily suspended, the fee is not refunded. If the cadastral office fails to decide within the shortened deadline despite the application containing no errors, it will decide within the standard 30-day deadline and refund the applicant the difference between the fee paid for the expedited decision and the fee for the standard cadastral proceeding duration (item no. 11 of the Schedule of Administrative Fees, which is an annex to Act No. 145/1995 Coll. on Administrative Fees).

How long does a transfer in the cadastre take?


From a formal and procedural perspective, there is no difference between a “transfer” and an “entry.” The Cadastral Act recognizes only the term “entry.”

According to § 4(2) CA: “An entry of rights to real estates means registration, record, and note.”

According to § 5(1) CA: “Registration is an act of the district office; by registration, a right to real estate is created, changed, or terminated.”

The transfer of ownership rights to real estate can also be achieved through an application for registration, which is subject to the deadlines under § 32 CA. The general deadline for deciding on an application for registration is 30 days. More detailed information about the specific deadlines in cadastral proceedings can be found earlier in this post.

How long does registration in the cadastre take after inheritance proceedings?


Registration of inherited properties in the cadastre can be achieved in two ways, and the overall duration of the cadastral proceedings may depend on the choice between them.

A notary prepares a so-called inheritance resolution regarding the inheritance. According to the principle of cooperation, notaries are “obliged to send district offices the public documents and other documents concerning real estates and rights to real estates, as well as other data related to the registration of real estates and rights attached to them in the cadastre, within 30 days from the date of their preparation; if the public document is a decision of a state authority, the deadline is counted from the date it becomes final (§ 21(1) CA).”

If the heir wants to have the ownership right registered as quickly as possible, they can submit the application for registration themselves together with a request for expedited proceedings or use other deadlines offered by the Cadastral Act. However, such an application requires payment of an administrative fee.

Current amount of administrative fees in cadastral proceedings


Submitting an application for registration in the land registry is subject to a fee. The amount of the fees is determined by Act No. 145/1995 Coll. on Administrative Fees in Item No. 11, which forms part of its annex.

The fee for a written application for registration is 100 euros. If the application is submitted electronically, the administrative fee is 50 euros.

If the participant in the proceedings requests, at the time of submitting a written application, an expedited decision within 15 days, the office will charge a fee of 300 euros. For electronic submissions, the fee in this case is 150 euros. The surcharge for expedited processing is payable on the day the application is submitted. If the proceedings are terminated or the application is rejected, the fee is not refunded. If the cadastral office fails to decide within the shortened deadline despite the application containing no deficiencies, it must refund the applicant the difference between the expedited fee and the standard fee (100 / 50 euros) for the 30-day processing period (§ 32(1) CA).

If the application for registration involves legal relationships based on several types of legal acts (e.g., different ownership rights based on different acquisition titles – purchase agreement, donation agreement, decision on settlement of joint marital property, etc.), a separate fee is charged for each legal act.

How long does it take to register a geodetic (geometric) plan?


The process of official verification of a geodetic plan takes place at the district office, cadastral department, and is mainly regulated by § 45 and following of the Implementing Decree of the Geodesy, Cartography and Cadastre Authority of the Slovak Republic No. 300/2009 to Act No. 215/1995 Coll. on Geodesy and Cartography (hereinafter referred to as the “Decree”).

According to § 46(2) of the Decree: “The geodetic plan shall be officially verified by the district office within seven working days from the date of submission; a geodetic plan with more than 25 parcels in the new state or parcel parts and the results referred to in § 44(3) and (4), which are subject to official verification, shall be verified by the district office within fourteen working days from the date of submission.”

You can view the services we offer in relation to the cadastre and property registration on our website: https://www.akmv.sk/en/legal-services-category/real-estate-law/

JUDr. Veronika Michalíková, MBA