Legal Q&A · Property Transfer

I am buying a flat. Do I also get a share in the land beneath the building and the surrounding garden?

Law as at 16 August 2026

Short answer

Not automatically, and not in the same way. A share in the land beneath the building is calculated like a share in its common parts: the flat’s floor area divided by the total floor areas in the building. For adjoining land, the law allows the buyer and building owner to agree the share. The agreement must address rights to both plots, and ownership is acquired only through registration in the cadastre.

In older buildings, the land beneath the building may belong to someone other than the flat owners, or ownership may have been settled only partly. In new developments, the developer may retain control of the garden or parking area. Both situations tend to become apparent only when you sell the flat or the building needs repairs.

Two plots with different rules

The law distinguishes land beneath the building from adjoining land. Adjoining land means fenced land next to the building that serves that building exclusively (Section 2(1)(j) of Act No. 182/1993 Coll.). Land that does not serve the building exclusively or is not fenced is therefore not adjoining land within the meaning of the Act, even if it is next to the building.

The difference lies in how the share is determined. A flat transfer agreement must specify the co-ownership share in the building’s common parts and facilities, appurtenances, land beneath the building and adjoining land. The share is determined by the ratio of the flat’s floor area to the total floor areas in the building, unless point (e) applies to the adjoining land (Section 5(1)(b)).

Point (e) provides the exception: the co-ownership share in adjoining land may be determined by agreement between the buyer of the flat or non-residential premises and the building owner. For adjoining land, the calculation is therefore not purely mechanical and there is room to negotiate.

The agreement must address land rights

The agreement must set out the arrangements governing rights to the land beneath the building and the adjoining land (Section 5(1)(d)). This matters where the flat owners do not own the land: another legal basis for use, such as a lease or easement, must be addressed instead of a co-ownership share. The agreement must identify it; otherwise, what the buyer is actually acquiring remains unclear.

Ownership of the flat, the co-ownership shares in the building’s common parts and facilities and appurtenances, and the shares in the land beneath the building and adjoining land are acquired by registration in the real estate cadastre (Section 5(4)). Signing the agreement alone is not enough.

What to check before buying

  • Do the flat owners own the land beneath the building? If not, find out who owns it and the legal basis on which the building uses it. The same arrangement passes to you when the flat is transferred.
  • Does the land share match the share in the common parts? They sometimes differ in older buildings, and errors pass through successive transfers. They are then addressed through correction proceedings, discussed in the cadastre found an error in the agreement.
  • Does the garden or parking area qualify as adjoining land? If it is neither fenced nor used exclusively by the building, it falls outside the flat ownership legislation and must be dealt with separately.
  • Is the land on a different title sheet from the building? This is common and is not a defect, but both records and their encumbrances must be checked.
  • Are there easements over the land? Rights of passage, utility routes and access to neighbouring plots affect what can be done with the surroundings.

When land ownership is unresolved

For buildings constructed under the former regime, the land may belong to the state, the municipality or unidentified owners whose shares are administered by the Slovak Land Fund. Resolving ownership is a separate process that cannot be completed as part of selling a single flat. If you buy such a property, expect that you will not acquire a land share immediately, and ensure this is reflected in both the price and the agreement.

If the land is co-owned with people outside the building, termination and settlement of co-ownership may also be an option.

How we check it

When you buy a flat, we compare the title sheet for the building, the title sheets for the land and the agreement, and explain which land interests you will actually acquire. This forms part of our property legal due diligence. We prepare or amend the agreement through our flat purchase agreement service. Where land ownership needs to be resolved, this can be followed by settlement of co-ownership.

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.

More legal questions

All questions and answers
  1. The building manager refuses to issue a no-arrears certificate. Will this stop our flat sale? A certificate from the building manager or the chair of the owners’ association confirming that the owner has no arrears in service charges or contributions to the operation, maintenance and repair fund is a statutory annex to a flat transfer agreement. Without it, the agreement lacks a legally required annex and registration proceedings are usually suspended. An exception applies to the first transfer of ownership of a flat or non-residential premises in the building, such as a developer sale.
  2. A co-owner sold their share to a stranger without offering it to me. What can I do? Breach of a pre-emption right does not itself invalidate the transfer. It is a ground of relative invalidity: the transfer is regarded as valid until the affected person invokes invalidity. Invoking it is a substantive legal act that must be addressed to the parties concerned, not just the land registry. Without that step, the transfer stands even though no offer was made.
  3. I owned an apartment before our wedding. Can it subsequently become part of marital community property? Not merely through an agreement extending marital community property. An agreement under Section 143a governs the regime for future acquisitions; it does not alter existing ownership of an apartment acquired before marriage. Nor will a notarial deed by itself make such an apartment part of marital community property. If one spouse gifts a share to the other, co-ownership in defined shares arises. The appropriate approach depends on whether the objective is joint ownership, protection of investments or inheritance planning.
  4. What am I buying with an apartment? Does it include the cellar, balcony and parking space? Along with an apartment, you acquire a share in the building’s common parts and facilities, appurtenances and land. Balconies and loggias are excluded from floor area; a terrace is included if it is not a common part of the building. A garage parking space is not a separate non-residential unit. Under Section 20a, the exclusive right to use it is linked to a share in the garage and cannot be transferred separately; leasing a parking space is a different contractual basis.

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

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