Legal Q&A · Construction & Development

An old house has no occupancy approval and is absent from the Land Register. How do I register it?

Law as at 26 September 2026

Short answer

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 a house built before 1976, the Cadastral Act assumes that it had an occupancy decision or a use permit; if it had neither, the registration route should be checked in advance.

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)

The former Building Act was repealed on 1 April 2025 and replaced by the new Building Act No. 25/2025 Z. z. Its transitional provisions preserve legal relationships that arose under the previous rules (§ 84(1) of Act No. 25/2025 Z. z.), so the lawfulness that arose on 1 April 2024 continues to be relied on.

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. However, this provision assumes that the building had an occupancy decision or a use permit that became final before 1 October 1976; the methodological guidance of the Slovak Office for Spatial Planning and Construction (ÚÚPV) on the amnesty takes the same view. If the decision has merely been lost, the municipality may take the details of approval or putting into use from its own records. If the building never had an occupancy decision or a use permit, the amnesty treats it as lawful, but the Cadastral Act sets out no specific registration procedure for it; how to proceed should be checked in advance with the cadastral department of the district office. 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. For buildings erected up to 31 March 2025, there is a separate fitness-for-use review procedure under § 140d of the former Building Act, which continues to apply after its repeal under § 84(7) of Act No. 25/2025 Z. z.; the application must be filed by 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 26 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.

More legal questions

All questions and answers
  1. We bought a house in a heritage zone. What can we do without involving the heritage authority? Less than people expect, depending on the regime. For a house in a heritage area, a regional heritage authority decision approving the proposed alteration is needed before new construction or alterations, even if the house itself is not a monument. In a buffer zone, a binding opinion is required instead; for a cultural monument, a decision on the restoration proposal is required. The common rule is: obtain the decision on the proposal first, then commission the design.
  2. We built exactly to the employer’s design and the works are defective. Are we liable? Yes, if you failed to warn that the design or instructions were unsuitable although professional care would have revealed this. The defence “we followed the design” is not enough: the Commercial Code exempts a contractor only where it warned the employer, who then insisted in writing on using the items or instructions. Work must be suspended as necessary until the employer decides. A provable warning and the employer’s written insistence are therefore crucial; the site diary is the natural place to record them.
  3. Do we have to arrange supervision by the designer during construction? And what about the architect’s author’s supervision? Yes. The Building Act obliges the builder to arrange design supervision by the designer while the building is being constructed, and continuous supervision in the case of reserved buildings. Alongside it, the author of the architectural work has its own entitlement to carry out author’s supervision, even where the building design is prepared by another designer. The Act does not, however, say to what extent and for what fee the supervision is carried out; that must be set out in the contract with the designer and with the architect.
  4. The architect has delivered a study that does not match our brief. Do we have to pay for it? It depends on whether there is a defect within the meaning of the Act. A study is defective if it does not match the result specified in the contract, for example the capacity, the intended use or the number of variants in the brief. In that case you have remedies for defects and the defects must be notified without undue delay. If the architect kept to the brief and you simply dislike the solution, that is no defect and as a rule you must pay the price.

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

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