СТИЦАЊЕ ПРАВА СВОЈИНЕ НА СТАНУ У ИЗГРАДЊИ
ACQUISITION OF THE RIGHT OD OWNERSHIP OF THE APARTMENT UNDER CONSTRUCTION

Summary/Abstract: The legal basis for acquisition of a facility under construction is mostly a sales and purchase agreement in the form of a notarised document, or a co-investment agreement. Such agreements are only the legal bases for the acquisition of a facility under construction, but they do not lead to the acquisition of the right of ownership of the future piece of real estate per se. The right of ownership of real estate is acquired by registration in public real estate records, and in the event of purchase of a facility under construction, the situation is more complex, because the subject matter of the purchase does not exist at the moment of the purchase, and the requirements for registration in public real estate records are not be fulfilled. The inability to register the buyer as the holder of the right of ownership in public real estate records because the piece of real estate itself has not been registered represents the biggest disadvantage of any purchase of a facility under construction. Only after the use permit has been obtained, the requirements for registration of real estate in public real estate records may be fulfilled, which represents legal security for the buyer of a facility under construction.

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