If the garage is a separate building and was not covered by the registration of the transfer, ÚGKK’s interpretation is that you did not acquire it when buying the house, because ownership of immovable property under a contract arises only upon registration. It can first be registered in the name of the person who had it built, namely the seller, who can then transfer it to you under a new contract. For a building dating from 1976 to 1989 without an occupancy approval document, ÚGKK considers it an obstacle if the seller transferred the land before 1 April 2024 and held no other right to it. In that situation, the solution must be assessed individually and may sometimes require court proceedings.
You bought the house and land years ago. In the courtyard stands a masonry garage or summer kitchen that the previous owner built in the eighties and that has never appeared on the title sheet. You use it as your own. The problem comes to light when you want to sell it together with the house, mortgage it to a bank or demolish it and build on its site.
When you acquired the garage together with the house
This depends on whether it is a separate building. Immovable property comprises land and buildings attached to the ground by a permanent foundation (Section 119(2) of the Civil Code), and buildings do not form part of the land (Section 120(2)). A garage with its own permanent foundation is therefore a separate item of immovable property. For a transfer under a contract, registration is decisive.
The following quotation is reproduced in its original language:
Ak sa prevádza nehnuteľná vec na základe zmluvy, nadobúda sa vlastníctvo vkladom do katastra nehnuteľností podľa osobitných predpisov, ak osobitný zákon neustanovuje inak.
The registration covered the house and land that were recorded in the register. In Cadastral Bulletin 2/2025, ÚGKK takes the view that a building which was not recorded in the Land Register or previously in the property records cannot be registered in the name of a new owner on the basis of a contract, because no transfer of that building was registered. On this view, the person who built the garage remained its owner. The position differs for an extension that structurally forms part of the house. It is transferred with the house. We explain the distinction in which buildings are recorded in the Land Register.
In whose name the garage will be registered
The documents needed for registration depend on what documentation exists for the garage. If the garage has an official building number, the person named in the municipality’s notification assigning that number is registered. If no official building number is assigned, the person named in the occupancy approval document or in the notice issued by the building authority in response to the notification of construction is registered (Section 46(2) of the Cadastral Act). For a building dating from 1976 to 1989 without an occupancy approval document, the municipality’s notification must be accompanied by a document showing that, as at 1 April 2024, the person who had the building constructed held ownership or another right to the land beneath it (Section 46(10)). As a rule, the person who had the building constructed, namely the seller, is registered as the owner unless another document establishes a different owner (Section 46(1)). According to ÚGKK, a purchase agreement under which the registration did not cover the garage is not such a document.
When registration encounters an obstacle
For a building dating from 1976 to 1989 without an occupancy approval document, the decisive issue is when the seller transferred the land. If your ownership was registered only after 1 April 2024, the seller still owned the land on that date and satisfies the condition. If it was registered earlier, the seller was not the landowner on the relevant date. According to ÚGKK, the seller must then prove another right to the land beneath the building that existed on 1 April 2024, such as a lease or an easement; otherwise, the building cannot be registered in this way.
The lawfulness of the building also depends on the same date. A building from this period is deemed to have been built in accordance with the law if it has been continuously used for its intended purpose and its owner was, as at 1 April 2024, the owner of the land or held another right to it (Section 142l(3) of Act No. 50/1976 Zb.). If the garage is still owned by the seller, who transferred the land before 1 April 2024 and held no other right to it, the condition is not satisfied.
For a building that does not meet the conditions for the amnesty or for a review of its fitness for use, the new Building Act permits proceedings for retrospective authorisation under the previous legislation if the owner of the building submits an application between 1 April 2025 and 31 March 2029 (Section 84(7)(b) of Act No. 25/2025 Z. z.). Whether the building authority grants retrospective authorisation depends on the conditions it assesses in those proceedings.
What can be done
The garage first needs to be registered in the seller’s name as the person who had it built. The seller provides documents establishing their ownership and transfers the garage to you under a new contract. A document establishing a right that is not recorded on the title sheet may be attached directly to the application for registration (Section 30(4)(a) of the Cadastral Act). For a building dating from 1976 to 1989, this procedure is available if the seller satisfies the registration conditions described above. If the seller has died, their heirs take the same steps.
If you are buying a house with an old building in the courtyard now, agree with the seller that they will have the building registered or supply the necessary documents before the application for registration is submitted. We discuss this in more detail in an unregistered garage or cellar when selling a property.
How we can help
We will establish who owns the garage according to the documents, when it was built and what documentation is available for registration. We do this as part of our property legal due diligence service. If the garage is to be transferred, we will prepare the contract and application for registration as part of our house purchase agreement service. If the seller does not cooperate, we will assess the prospects of an action for a declaration of ownership.
This answer provides general information on the law as at 3 October 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.
