The absence of an entry does not in itself prevent a sale. It is first necessary to determine whether the structure is a separate building, an appurtenance or part of the house, and whether it is subject to registration. The agreement must identify its subject matter with certainty and the seller must prove ownership; Section 30(4)(a) of the Cadastral Act expressly contemplates a document proving an unregistered right. Prior registration may be a prudent course, but it is neither the only lawful option nor a reason to remove the structure from the agreement automatically.
With older rural houses, this is more the rule than the exception. The title sheet shows a house and land, but there is also a garage, outbuilding, summer kitchen or cellar that no one has ever registered. The buyer sees these structures and wants them in the agreement. The seller takes them for granted. The cadastre does not.
What must be identified and documented
The agreement must identify the property in the prescribed manner: cadastral area, parcel number, register C or E, land type and area, and, for a building, its building registration number and the parcel number of the land beneath it (Section 42(2)(c) of the Cadastral Act). The absence of an entry does not mean that the structure cannot be identified. Identification details and documents corresponding to its actual and legal status must be obtained.
The district office also checks whether the transferor is entitled to deal with the property and whether the parties’ expressions of intention are sufficiently definite and understandable (Section 31(1)). A right not entered on the title sheet may be proved by a document under Section 30(4)(a). If the supporting documents are insufficient and the authority requests a document proving a property right or correction of defects in the application, it suspends the proceedings (Section 31a(c)). If the defects are not corrected within the specified time, the proceedings are discontinued (Section 31b(1)(f)).
Both parties suffer. The seller has no money, the buyer’s funds are tied up in escrow, and after months the agency’s transaction is back where it started.
Not every structure belongs in the cadastre
The cadastre records buildings attached to the ground by fixed foundations, with or without a building registration number; buildings under construction in connection with the creation, change or termination of a right; and underground structures at the points where they intersect the earth’s surface (Section 6(1)(c)).
Some ancillary structures may therefore be registrable and others may not. If this is disputed, the Geodesy, Cartography and Cadastre Authority of the Slovak Republic decides whether the structure is subject to registration (Section 6(2)). For the transaction, this means further weeks of delay.
The procedure depends on the nature of the structure
Prior registration may simplify the sale. If the structure belongs in the cadastre, prepare documents appropriate to its age and permitting regime and, where necessary, a survey plan. Registration before the sale is often practical, particularly where bank financing is involved, but it is not automatically a statutory condition for every transfer of an unregistered structure.
Ownership and identification may also be proved in connection with the transfer. The procedure must comply with Sections 30, 42 and 46 of the Cadastral Act. Where the structure is an appurtenance, the agreement must state clearly what is being transferred; absence from the register is not in itself a reason to exclude it. A constituent part of the house, by contrast, is assessed as part of the principal asset.
Merely adding a vague description without supporting documents is insufficient. The risks are uncertain ownership or an insufficiently definite subject of transfer. If the agreement must be corrected after the application is filed, this is done by an amendment under Section 42(4); merely supplying a missing document, however, need not entail amending the agreement.
For estate agencies
This defect can be spotted at a viewing, rather than only at the lawyer’s office. If something stands on the land but is absent from the title sheet, record it in the instruction notes and discuss it with the seller before the reservation agreement is signed. Discovering it later shifts deadlines, threatens commission and, in the worse case, leads to the buyer withdrawing.
Also check whether the registered building matches what actually stands on the land. Extensions and additional storeys never reflected in the records cause the same problem as a completely unregistered garage.
How we resolve it
Before signing, we compare the title sheet with the structures on the land and explain which buildings can be added to the register and which documents are needed. This forms part of our property legal due diligence. If an agreement already exists, we examine it through our purchase agreement review and adjust the subject of the transfer so registration can proceed. For agencies handling these transactions regularly, our legal services for estate agencies include documentation and training on what agents should look for during viewings.
This answer provides general information on the law as at 10 September 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.
