Yes, if the law or the contract gives you the right to withdraw. If you withdraw before the registration decision, the Land Registry will discontinue the proceedings. If the other party challenges the withdrawal, the Land Registry does not decide whether it is valid. According to the Supreme Court, it should invite that party to bring a court action. Once the action is brought, it will suspend the proceedings pending the court’s decision. If no action is brought, it may treat the withdrawal as accepted and discontinue the proceedings.
The purchase agreement has been signed and the application for registration filed with the Land Registry, but before a decision is issued, one party decides to pull out of the transaction. The seller claims that the buyer failed to pay on time, or the buyer has discovered a defect that the seller concealed. Withdrawal is possible at this stage. However, the Land Registry does not decide whether the withdrawal was valid, and if the other party challenges it, the matter moves to court.
When you can withdraw from the contract
You may withdraw from a contract only if the law permits it or you have agreed this in the contract (Section 48(1) of the Civil Code). Typical grounds include failure to pay the purchase price even after an additional period allowed for payment has expired, or an agreed ground covering the bank’s refusal to grant a loan. For a contract transferring immovable property, give notice of withdrawal in writing and deliver it to the other party in a way that provides proof of delivery, because it takes effect upon delivery. We discuss the requirements for withdrawal in how to withdraw validly from a contract, and the situation where a loan is refused in the bank refused the mortgage after the contract was signed.
When the other party does not challenge the withdrawal
If a party withdraws from the contract before a decision on the application for registration is issued, the cadastral department of the district office will discontinue the proceedings (Section 31b(1)(b) of the Cadastral Act). It therefore does not reject the application for registration. Rejection applies where the contract fails to meet the conditions under Section 31(1). In its judgment 6Sžo/229/2010 of 20. 7. 2011, the Supreme Court of the Slovak Republic addressed withdrawal from a contract under which registration had already been approved, and its reasoning also addressed pending registration proceedings. According to the Court, the Land Registry is not authorised to assess the validity of withdrawal, even as a preliminary issue, but must establish whether the parties dispute it. If the other party states that it does not challenge the withdrawal, the Court’s position is that the Land Registry does not examine whether the ground for withdrawal was actually established.
In Cadastral Bulletin 1/2023, the Geodesy, Cartography and Cadastre Authority of the Slovak Republic (ÚGKK) rejected the approach of treating a notice of withdrawal as an attachment to the application for registration. If you filed the application electronically and deliver the notice of withdrawal to the Land Registry on paper, ÚGKK’s position is therefore that it should not require you to pay the difference between the fees for paper and electronic applications. Once the decision discontinuing the proceedings becomes final, the Land Registry removes the pending-entry marker from the title sheet (Section 44(1)). Withdrawal cancels the contract from the outset unless the law or an agreement provides otherwise, and the parties must return what they received under it (Section 48(2) and Section 457 of the Civil Code).
When the other party challenges the withdrawal
According to the judgment cited above, the Land Registry should invite the party challenging the withdrawal to bring a court action within a specified period and inform that party that failure to do so will be treated as acceptance of the withdrawal. ÚGKK also follows this approach. The next steps depend on the other party’s response.
- The party brings an action. The Land Registry suspends the proceedings because proceedings concerning a preliminary issue have been initiated (Section 31a(a)) and awaits the court’s decision. The pending-entry marker remains on the title sheet during the suspension.
- The party does not bring an action. According to the judgment, the Land Registry may treat this as acceptance of the withdrawal and discontinue the proceedings.
A decision discontinuing proceedings on the ground of withdrawal may be appealed within 15 days of notification of the decision; the law excludes an appeal only where proceedings are discontinued under letters d), e) and g) (Section 31b(2) of the Cadastral Act and Section 54(2) of the Administrative Procedure Code).
The judgment was based on the Code of Civil Procedure then in force. In Cadastral Bulletin 2/2022, ÚGKK takes the view that this procedure remains applicable following the adoption of the Civil Dispute Procedure Code. It addressed a case in which the court rejected as inadmissible an action seeking a declaration that the withdrawal was invalid, because it sought a declaration of a legal fact, which is permissible only where provided for by specific legislation (Section 137(d) of the Civil Dispute Procedure Code). According to ÚGKK, once such court proceedings have been finally concluded, the Land Registry may discontinue the registration proceedings even though the court did not decide the merits. The action must therefore be framed so that the court can decide the merits and must be brought within the period specified by the Land Registry.
Practical steps
If you are withdrawing, specify the particular statutory or contractual ground in your notice of withdrawal, even though the law does not expressly require this. This enables both the other party and the Land Registry to see the basis for your withdrawal. Send the Land Registry a copy of the notice of withdrawal together with proof of delivery. If the purchase price is held in escrow, its return is governed by the escrow agreement, so check which documents you need for this.
If the other party has withdrawn and you disagree, respond to the Land Registry’s request within the period it specifies, bring your action in time and deliver confirmation of filing to the Land Registry. An invalid withdrawal does not cancel the contract, but only a court can decide its validity.
If neither party wishes to proceed with the transaction, it is usually simpler to withdraw the application for registration jointly and cancel the contract by written agreement (Section 572(2) and (3) of the Civil Code). If registration has already taken place, a different procedure applies. We describe it in withdrawal from a purchase due to a defect and registration in the Land Register.
How we can help
We will assess whether you have grounds for withdrawal, prepare the notice and handle the Land Registry proceedings as part of our suspended registration proceedings and rejected applications service. If the withdrawal is disputed, we will prepare the court action and represent you in litigation. We handle withdrawal due to property defects through our property defects and withdrawal from contracts service.
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.
