Registration Consent (Clausula Intabulandi)

A registration consent (tabularna izjava, clausula intabulandi) is one of the most important documents in real estate transactions, particularly where ownership is transferred and registered in the land register. Although it is most often mentioned in connection with a sale, its importance is far wider and covers every situation in which the ownership status of a property changes.

What is a registration consent

Put simply, a registration consent is a statement by which the current owner of the property (usually the seller) expressly and unconditionally allows registration of title in the name of the new owner (the buyer) in the land register. Without this statement, even with a valid purchase agreement or another legal basis, the transfer of ownership cannot be carried out in the land register, which means that the new owner is not formally registered as the owner of the property.

Why a registration consent is necessary

In Croatia, as in many other countries with a continental legal system, two conditions must be met in order to acquire ownership of real estate:

A legal basis for acquisition: this may be a purchase agreement, a gift agreement, a support until death or lifetime support agreement, a decision on inheritance and so on.

Registration in the land register: ownership of real estate is acquired only upon registration in the land register. The registration consent is the key document for that registration.

Without a registration consent, the new owner has only a contractual relationship with the seller, and not the relationship in rem which is reflected in the public registers. This can lead to a series of problems, including the inability to sell the property on, to encumber it with a mortgage or to take part in legal transactions that require proof of ownership.

When a registration consent is issued

A registration consent is most often part of the purchase agreement itself, in a separate clause. It may, however, also be a separate document, especially where payment of the purchase price is deferred or subject to conditions. In that case the seller will issue the registration consent only after receiving the full purchase price. This practice protects the seller, because it allows him or her to retain ownership of the property until payment has been made in full.

It is important to stress that a registration consent must be certified by a notary public in order to be valid for registration in the land register. Certification confirms the authenticity of the signature and thereby the legal certainty of the transaction.

Example of the content of a registration consent

Although the exact wording may vary, a standard registration consent usually contains the following elements:

• Details of the seller (the person giving the statement) and of the buyer (the person receiving it).
• A clear statement consenting to registration of title
• A precise description of the property
• Confirmations relating to the sale
• Date and place of issue.
• The signature of the seller, certified by a notary public.

The importance of registering in good time

Once the registration consent has been issued and certified by a notary public, it is essential to file the application for registration of title in the land register as soon as possible. Delaying registration can lead to situations in which third parties are registered against the property, which can complicate or even prevent later registration of the true owner. The land registers are public and everyone is deemed to know their content, so registration is indispensable for full legal protection.

Ultimately, the registration consent is an indispensable document which secures legal certainty in real estate transactions and formally confirms the transfer of ownership. Applying it correctly is key to protecting the interests of all parties involved.

More Land Registry Act (Zakon o zemljišnim knjigama, NN)

The principle of registration and the Ownership and Other Real Rights Act

Under Croatian law, ownership of real estate is acquired only upon registration in the land register. The registration consent is the formal consent of the current owner allowing the new owner to be registered in the land register. Without that statement, registration in the land register is not possible, regardless of the existence of a purchase agreement.

Binding force and irrevocability

The legal force of a registration consent lies in its irrevocability and its unconditional nature. That is why it is often called the clausula intabulandi.

Legal basis: Article 55 of the Ownership and Other Real Rights Act (Zakon o vlasništvu i drugim stvarnim pravima) defines the registrable instrument as the basis for registration, and the registration consent is its most important part.

Formal requirements

To be valid, a registration consent must meet the following formal requirements:

It must be in writing

The signature of the person giving the statement (the seller or the donor) must be certified by a notary public.

Related legislation

Although the registration consent is governed by the Ownership and Other Real Rights Act, it forms part of a wider legal context:

Obligations Act (Zakon o obveznim odnosima): governs the purchase agreement, the gift agreement or another legal transaction on the basis of which ownership is transferred. As a rule, the registration consent forms part of that contract.

Land Registry Act (Zakon o zemljišnim knjigama): sets out in detail the procedure for registration in the land register, including the requirements for the correctness and completeness of the registrable instrument.