As has been mentioned, the laws governing the foreign ownership
of real estate in Croatia was restrictive. Indeed, through
much of the country's history, foreign nationals could not
purchase or own real estate in many instances.
Beginning in the 1990s, Croatia began the process of liberalizing
its laws governing the ownership of real estate in that country.
In that regard, Croatia enacted what is known as a statute
of reciprocity when it comes to foreign ownership of real
estate in that country.
In this regard, the basic provisions of the laws governing
real estate ownership by foreign nationals states that if
the country of origin of the foreign citizen allows a Croatian
citizen the ability to own real estate, Croatia in turn will
allow that foreign national the ability to purchase and own
real estate in Croatia.
In Croatia, reciprocity is presumed to exist unless a demonstration
is made otherwise. Therefore, generally speaking, the presumption
exists that a foreign national can legally and lawfully purchase
real estate in Croatia in this day and age.
Understanding that the real estate laws have been liberalized
as far as foreign nationals are concerned, there still are
many unique hurdles that must be surmounted before a foreign
national actually can complete the purchase of real estate
in Croatia at this point in time.
With that said, prior to actually executing an agreement involving
the purchase of real estate in Croatia, a foreign national
must obtain permission from the Croatian Ministry of Foreign
affairs. The Ministry must verify the ultimate ownership interests
when real estate is being purchased by a foreign national.
On occasion, the review process by the Ministry of Foreign
Affairs can be rather lengthy. The reason for potential delays
is found in the fact that in its review process, the Ministry
of Foreign Affairs involves the Croatian Ministry of Justice
and local governmental offices where the real estate in which
a foreign national is interested in purchasing is located.
As far as the real estate sales process is concerned, the
first step in the process is the execution of a sales contract
between the parties. (This agreement is taken to the Ministry
of Foreign Affairs together with a written petition seeking
approval from the Ministry of Foreign Affairs.)
Once all of the bureaucratic activity comes to a conclusion,
the final contract between the parties can be entered into
and a deed will be prepared for the purchaser. It is important
to note that the deed cannot be filed in the Land Books of
Croatia by a foreign national without the necessary papers
approving the purchase as prepared and issued by the Ministry
of Foreign Affairs.
Deposits are commonly required when the initial agreement
for purchase of real estate is executed. The deposit generally
is in the amount of 10% of the overall cost of the real estate.
When approval issues from the Ministry of Foreign Affairs,
when the final contract is executed, the buyer will be responsible
for paying the remaining balance due and owing on the purchase
price of the subject real estate.
Property Abroad always recommends using a
Solicitor
or Lawyer