Legal Q&A · Construction & Development

The municipality assigned a building number to a shelter. Does that mean the Land Register will record it?

Law as at 10 September 2026

Short answer

No. Municipalities assign building numbers under their own rules, while the Land Register records buildings under the Cadastral Act; the categories do not coincide. It records buildings attached to the ground by solid foundations, with or without a building number; buildings under construction in connection with the creation, change or termination of rights; and underground structures where they intersect the ground surface. If eligibility is disputed, the Slovak Geodesy, Cartography and Cadastre Authority decides.

A car shelter with solid foundations, a roof and masonry walls on two sides. A garden gazebo. An extension to a house. The municipality assigned building numbers, yet they did not appear on the title sheet. This is not an administrative error but two separate registration procedures.

What the Land Register records

The register records buildings attached to the ground by solid foundations, represented by their intersection with the ground surface or the projection of their outer perimeter onto it, which

  • have a building number,
  • do not have a building number,
  • are under construction, in connection with the creation, change or termination of rights to them,
  • are underground structures, at their points of intersection with the ground surface

(§ 6(1)(c) of the Cadastral Act).

A building number is therefore neither a prerequisite nor a reason for registration. What matters is attachment to the ground by solid foundations and whether the structure qualifies as a separate building rather than a component or appurtenance of another building. An extension that is structurally and functionally part of a house is not recorded separately, even if the municipality assigned it a number.

Building details include, in addition to the building and parcel numbers, a building-type code under the annex to the decree or a description of the building, and its location code (§ 10 of Decree No. 461/2009 Z. z.). If a building fits none of the codes, that is often the first sign that it is not eligible for registration.

Who decides if eligibility is disputed?

The Act provides a little-known mechanism:

Where the district office is in doubt as to whether something is eligible for recording in the cadastre, the Geodesy, Cartography and Cadastre Authority of the Slovak Republic shall decide; the Administrative Procedure Code does not apply to this decision-making.

§ 6(2) of the Cadastral Act (unofficial translation)

The district office notifies the participant that it has referred the matter, and the central authority decides within 30 days of receipt of the request. The decision is published on its website and electronic official notice board.

This means two things for you. The proceedings take roughly a month longer, and the decision is not issued in administrative proceedings, so ordinary remedies do not apply. If you are waiting for registration and nothing is happening, it is worth checking whether this procedure is under way.

Why it matters

Registration itself does not determine whether a structure exists as a separate thing. Its civil-law character must be distinguished from whether it is recorded separately in the Land Register.

  • A separate structure is not a component of the land (§ 120(2) of the Civil Code). The absence of an entry therefore does not automatically preclude a separate transfer, although ownership must be proved and the structure identified with certainty.
  • A component of the principal thing and an appurtenance are distinct categories (§ 120 and § 121). A component cannot be transferred separately; for an appurtenance, its own legal character and the scope of the contract must be assessed.
  • The Act permits documents relating to an unregistered right. Section 30(4)(a) of the Cadastral Act provides for a document proving a right that is not recorded on the title sheet. We explain the details in our answer on an unregistered garage or cellar on sale.
  • A bank and insurer need a clearly defined subject and value. The availability of security and insurance is assessed according to the particular structure and supporting documents; it cannot be rejected solely because the structure is not yet shown on the title sheet.

Practical steps

If the structure is eligible and only registration is missing, an application for declaratory registration with the appropriate documents is needed. Inconsistency over the person named as the building applicant is the most common obstacle, explained in our answer on a building that the Land Register has not recorded.

If it is not eligible, determine separately whether it is an independent thing, an appurtenance or a component of the principal thing, and adapt the contract and valuation accordingly. The absence of separate recording does not in itself make the structure a component of the land or preclude its transfer. Explain its legal treatment to the buyer before signing.

How we can help

During project preparation, we ensure that permits, occupancy approval and the building-number application make sense for eventual registration. We do this through construction project coordination and, for contractors, as part of legal services for construction companies. If you are buying or selling property with something on the land that is absent from the title sheet, we examine it through property legal due diligence and explain whether it can be added to the register or requires a different approach.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We built exactly to the employer’s design and the works are defective. Are we liable? Yes, if you failed to warn that the design or instructions were unsuitable although professional care would have revealed this. The defence “we followed the design” is not enough: the Commercial Code exempts a contractor only where it warned the employer, who then insisted in writing on using the items or instructions. Work must be suspended as necessary until the employer decides. A provable warning and the employer’s written insistence are therefore crucial; the site diary is the natural place to record them.
  2. How do defect liability and warranties work under a construction contract? A construction contract between businesses is governed by the Commercial Code. The contractor is liable for defects present at handover. The employer must notify defects without undue delay after discovering them or when they should have been discovered, and within five years of handover for buildings. If a quality warranty is agreed, the warranty period replaces this period. Late notification does not, however, automatically extinguish the rights: the court considers the contractor’s objection, and the Act provides an exception where the contractor knew the cause of the defect.
  3. Can a contractor charge more than the budget for additional works? It depends on how the price is agreed. If it is fixed or set by a budget, more demanding work does not itself change the price. If the contract states that the budget does not guarantee completeness, the contractor may seek a reasonable increase for unforeseeable activities, but must notify them without undue delay or lose the claim. An increase exceeding 10 % allows the employer to withdraw from the contract.
  4. Why are handover and a handover record important on a building project? Handover is important for performance of the works and generally also for the entitlement to payment. The transfer of ownership and risk of damage, however, depends on the contract and the regime under § 542 and § 554 of the Commercial Code; the employer may already own the works during construction. A warranty period is relevant if the contractor has assumed a quality warranty. At either party’s request, a written handover record must be made, recording identified defects and reservations.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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