A Real Estate Cadastre Act proposal, which, in addition to important systemic solutions in the area of real estate records, sets forth a new, uniform “cadastral procedure” replacing separate procedures of preparation of studies by land surveyors and of recording new or amended information as currently set forth by the Real Estate Records Act, has been published.
Under the proposed Real Estate Cadastre Act the cadastral procedure includes (i) procedures for preparation of studies and preparation of study that shall be performed by land surveyors (specific assignments in relation to entry of buildings and parts thereof may also be performed by building designers), and (ii) administrative procedures of authentication and decision-making on proposed amendments and (iii) entry of information into the real estate cadastre that shall be performed by the surveying and mapping authority. Such uniform cadastral procedure includes, amongst others, determination of land plot borders, land allotments, land consolidations, determinations of superficies rights’ and easements’ areas, entries of buildings and parts thereof and amendments of information on buildings and parts thereof.
In relation to the new cadastral procedure the proposed Real Estate Cadastre Act also has an important consequence for holders of ownership rights on real estate.
Namely, the proposed Real Estate Cadastre Act sets forth that persons entered in the land register with Slovenian PIN (for natural persons) or registration number (for legal entities) shall be notified of a cadastral procedure by an invite for participation in an act sent to their permanent residence address or address for service in such a manner that the persons receive it at least 8 days before the commencement of the act. However, persons who are not registered in the land register with Slovenian PIN (for natural persons) or registration number (for legal entities) shall be deemed to have been invited if the cadastral procedure is published in the cadastre information system at least 8 days before the commencement of the act, meaning that such persons do not need to be personally invited.
These provisions may have important consequences for a large number of persons. Based on the data of the Supreme Court of the Republic of Slovenia as of 8 January 2020 as many as 1,628,424 holders of ownership rights have not been entered in the land register with complete data, which represents as much as 15.4 % of all holders of ownership rights.
In light of the mentioned solutions of the proposed Real Estate Cadastre Act, we therefore recommend that all persons check the entries in the land register and, if necessary, affect supplementation or correction of the entered data. Otherwise, in accordance with the proposed Real Estate Cadastre Act, important legal consequences may occur.
