Through a resolution of the assembly, not through individual shareholders. A newly created plot may be separated from land forming common property only on the basis of a decision by the co-owners at the assembly, and the separated part ceases to be common property only upon registration in the Land Register. The law prohibits transferring a share in only some of the plots forming common property, so bypassing the assembly by approaching shareholders directly will not lead to a valid registration.
This situation arises with motorways, solar projects, water mains and ordinary construction alike. An investor needs a strip of land forming part of common property and sees convening the assembly as a delay. The investor therefore offers to buy directly from individual shareholders. A transaction structured in this way will be stopped at the Land Register.
Only the assembly can approve separation
The statutory procedure is clear:
A newly created plot may be separated from a plot or plots forming common property on the basis of a decision of the co-owners of the common property at the assembly (the “separated part of common property”). The separated part of common property ceases to be common property on the date of registration in the Land Register.
— Section 8(2) of Act No. 97/2013 Coll. (unofficial translation)
Two practical points follow. The assembly’s resolution is a condition, not a formality, and until registration the separated plot remains common property subject to all the restrictions. Unless its owners decide otherwise, the separated part becomes jointly managed property.
The law also distinguishes separation from the creation of a new plot: creating a new plot forming part of common property does not amount to separating a part of that common property (Section 8(3)). A survey plan alone therefore neither makes land common property nor ends that status.
Why bypassing the assembly does not work
An investor will usually argue that the shares are being purchased from specific individuals and the community is not involved. However, the following prohibition allows no exceptions:
The transfer or passing of ownership of a share in common property in respect of only some of the plots forming that common property is prohibited.
— Section 9(9) of Act No. 97/2013 Coll. (unofficial translation)
Until a plot has been separated from the common property, a share in it cannot be transferred separately. Neither a survey plan identifying the plots concerned nor the consent of a majority of the shareholders approached will help. A transfer to a third party also has its own conditions, including an offer to the other shareholders; we discuss these in selling a share in an urbarial land community.
When the assembly approves
Following the assembly’s resolution, the procedure is more flexible than people usually expect. An agreement transferring ownership of the separated part may be concluded on the same terms with all owners of the common property individually in several separate instruments (Section 9(12)). There is therefore no need to bring every shareholder to the same table on the same day. For land communities with hundreds of members, that can make the difference between a feasible and an impossible transaction.
The proceeds from selling the separated part belong to the owners who joined the agreement (Section 9(13)). Shares administered or disposed of by the Slovak Land Fund are governed by separate legislation, so the Fund is a separate negotiating party in such a transaction.
An easement instead of a sale
For utilities and linear infrastructure, creating an easement is often more suitable than buying the land. The law provides for this: subsections 12 and 13 apply, as appropriate, to creating an easement by agreement and restricting ownership through expropriation (Section 9(14)). Agreements can therefore be concluded individually here too, and the same rule on distributing proceeds applies. The owners may also lease the common property or part of it (Section 9(15)), which can be more advantageous for shareholders than a one-off sale for solar and similar projects.
What both sides should watch for
If you are a shareholder approached directly by an investor, do not sign an agreement until it is clear whether the assembly has approved the separation. Otherwise you are signing something that cannot be registered but may still bind you.
If you are an investor, negotiating with the assembly is not a delay you can skip: it is the only route to a registrable result. You can shorten the process by preparing the survey plan, the wording of the resolution and the agreements in separate instruments in advance.
We prepare both sides for these negotiations. We handle the technical and legal aspects of separation through our land subdivision and consolidation service and, for utilities and access, easements, including surveying and registration. Before a larger transaction, we recommend property legal due diligence to establish what forms part of the common property and which shares the Fund administers.
This answer provides general information on the law as at 16 August 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.
