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.
