It depends on when it was built. Since 1 April 2024, the law treats a house built before 1 October 1976 as lawful without further requirements. For houses from 1976 to 1989, continuous use for their intended purpose and the owner’s ownership or other right to the land on 1 April 2024 are required. Registration is not automatic: apply with a municipal notice, a survey plan and, for the later buildings, evidence of land rights.
For years the family has described the house as “unauthorised”: the occupancy approval was lost or never existed, and only the land appears on the title sheet. This becomes a problem on sale, inheritance or borrowing, whenever a third party needs to see the building registered. The 2024 building amnesty legalised most such houses but did not register them for their owners.
The amnesty makes a building lawful, not registered
Amendment No. 46/2024 Z. z. inserted a transitional provision into Act No. 50/1976 Zb. (the former Building Act):
Buildings erected before 1 October 1976 are deemed, as of 1 April 2024, to have been erected in accordance with the applicable regulations. Buildings erected from 1 October 1976 to 31 December 1989 are deemed, as of 1 April 2024, to have been erected in accordance with this Act if they are continuously used for their intended purpose and the building owner, on that date, owns or has another right to the land on which the building stands.
— § 142l(3) of Act No. 50/1976 Zb. (unofficial translation)
Lawfulness therefore arose directly by statute, and the building authority conducts no proceedings for these buildings: no occupancy approval or retrospective permission is needed. However, the Land Register records the building only on an application supported by documents, which differ according to when the house was built.
A house built before 1 October 1976
A municipal notice is submitted under § 46(7) of the Cadastral Act (Act No. 162/1995 Z. z.), stating when occupancy was approved or the building was put into use, its assigned building number and who built it. The person identified in the notice as the person who built it is registered as owner. If the occupancy approval has not survived, the Act also allows the date when the building was put into use, based on municipal records. A survey plan measuring the building must also accompany the application if it is not shown on the cadastral map.
A house built between 1976 and 1989
When registering a building or underground structure erected from 1 October 1976 to 31 December 1989, a municipal notice must be submitted stating when it was built, the purpose for which it has been continuously used, its assigned building number and who built it, together with a public or other document proving that, on 1 April 2024, that person owned or had another right to the land beneath the building […] the person identified in the municipal notice as the person who built it is registered as owner.
— § 46(10) of Act No. 162/1995 Z. z. (unofficial translation)
Compared with older houses, evidence of land rights on 1 April 2024 is additionally required; cadastral departments do not accept a sworn declaration as that evidence. The landowner’s consent is not required for registration; what is required is proof of ownership or another right, for example a lease or easement. If the house has since passed to someone else, typically by inheritance, that person’s acquisition title is also supplied. District offices differ on the details of required documents, so clarify these before filing.
Buildings erected after 1989
The statutory amnesty does not cover buildings erected without permission from 1 January 1990. They have a separate fitness-for-use review procedure with a deadline of 31 March 2029. We explain it in our answer on legalising a building from the 1990s. Our answer on which buildings are recorded in the Land Register summarises registration eligibility.
How we can help
We assess which regime applies to the house and whether your documents suffice for registration through property legal due diligence. Construction project coordination handles communication with the municipality and district office, including preparing submissions. If documents are missing or several people claim ownership, we prepare a court action for a declaration of ownership.
If a sale or loan is waiting for registration, contact us as soon as possible: obtaining the municipal notice and survey plan takes time.
This answer provides general information on the law as at 29 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.
