Yes, if all the other parties to the proceedings agree. The cadastral office will then discontinue the proceedings, remove the pending-change marker and the agreement will lose the priority it acquired when it was received by the office. Withdrawing the application does not, however, terminate the agreement. That requires a written termination agreement or a valid withdrawal from the contract. If any party objects to withdrawal of the application, the cadastral office continues the proceedings.
After the application has been filed, it becomes clear that the transaction will not go ahead. The bank will not provide the loan, or one party changes their mind. In other cases, the parties discover an error and would prefer to submit a new, corrected agreement. Withdrawing an application for registration is a procedural step taken before the cadastral office. It does not, in itself, terminate the agreement between the parties.
When the cadastral office discontinues the proceedings
The following quotation is reproduced in its original language:
Konanie o návrhu na vklad sa zastaví, ak […] účastník konania vzal návrh späť a ostatní účastníci konania s tým súhlasili, […]
The other parties’ consent is required. If only the buyer withdraws the application and the seller does not agree, the cadastral office continues the proceedings and decides on registration. Anyone wishing to pull out of the transaction without the other party’s consent needs a statutory or contractual ground for withdrawal from the agreement. We discuss what to do when the bank refuses the loan in the question the bank refused the mortgage after the agreement was signed.
There is no appeal against discontinuance following withdrawal, and the decision is recorded in the file (Section 31b(2)). In its Cadastral Bulletin 1/2024, the Geodesy, Cartography and Cadastre Authority of the Slovak Republic (ÚGKK) stated that the cadastral office may decide on such discontinuance without following the order in which applications were received. It therefore need not wait until it has dealt with earlier applications concerning the same property, because discontinuance itself does not register any right in the cadastre.
What happens to the pending-change marker and priority?
When discontinuing the proceedings, the cadastral office removes the marker on the property title sheet indicating a pending change of rights (Section 44(1)). Rights over the same property are registered in the order in which the documents were delivered to the cadastral office (Section 41(2)). A new application therefore receives a new place in that order. If the seller encumbers the property or sells it to someone else in the meantime, and those documents reach the cadastral office first, they will take priority over your new application.
If you only need more time, for example to obtain the bank’s consent to deletion of a lien, consider requesting a stay of proceedings jointly with all the other parties, for a maximum of 60 days, instead of withdrawing the application (Section 31a, letter d)). Both the proceedings and priority will be preserved. An error in the agreement can be corrected by an addendum after the application has been filed, as we explain in the question correcting an error in an agreement after filing the application.
The agreement remains valid after withdrawal
Withdrawal ends only the proceedings before the cadastral office. The agreement remains valid and continues to bind the parties. The law does not prevent any party from subsequently filing another application for registration on the basis of the same agreement (Section 30(2)).
If you do not wish to complete the transaction, agree to terminate the unperformed obligation. Where the contract was concluded in writing, this termination agreement must also be in writing (Section 572(2) and (3) of the Civil Code). Unless the termination agreement expressly provides otherwise, the other party’s obligation is also extinguished and any performance already provided must be returned, together with interest in the case of money (Section 573). The agreement should also address repayment of the deposit and release of the purchase price from escrow.
The administrative fee
The Schedule of Administrative Fees annexed to Act No. 145/1995 Z. z. states under item 11 that the fee is not refunded if the proceedings are discontinued or the application for registration is rejected. In an older interpretation in its Cadastral Bulletin 2/2005, ÚGKK applies this rule to the fee for expedited proceedings. In its view, the standard application fee is governed by the general rules of the Administrative Fees Act, under which the authority may, on request, refund up to 65 % of the fee if the proceedings did not take place for reasons attributable to the fee payer (Section 10(5)). According to ÚGKK, when an application is withdrawn, the cadastral office may therefore refund up to 65 % of the standard fee at its discretion. If it declines to make a refund, it does not issue a decision but informs the parties by letter. According to ÚGKK, no refund is made if the application is rejected or the proceedings are discontinued for another reason, because the proceedings did take place. There is therefore no automatic entitlement to a refund of 65 %. This is an option that must be pursued through a separate request and assessed against the current fee schedule and the particular course of the proceedings; the older bulletin does not itself guarantee a favourable decision. A new application requires payment of the fee again.
How we can help
We assess whether withdrawal, a stay of proceedings or an addendum is more appropriate in your situation, and prepare both the submission and a termination agreement settling how the deposit and funds in escrow are to be dealt with. If the transaction proceeds under a new agreement, we prepare it and file a new application for registration in the cadastre. If the cadastral office has already stayed the proceedings, we take over the matter through our stayed cadastral proceedings and rejected registration applications 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.
