A document error must be distinguished from a documented change of ownership. Under § 46, the Land Register records the person named in the relevant document unless another public or other document proves a different owner. A difference between the person undertaking the building named in the permit and the current owner therefore does not automatically require correction of the old permit. If the documents contain an actual error or fail to prove ownership, however, they must be corrected or supplemented; disputed ownership may require court proceedings.
The building is standing, occupancy has been approved and the municipality has assigned a building number, yet the title sheet shows nothing. For a developer, this may complicate a sale; for a construction company, the handover of documentation; and for a bank, the preparation of security.
A building’s initial entry must be distinguished from its transfer
Registering a building is not a constitutive registration procedure. Rights arising by statute or a state authority’s decision are entered by declaratory registration based on public documents (§ 34(1) of the Cadastral Act). The district office makes the entry without an application or on an application by the owner or another entitled person, accompanied by a public or other document confirming the property right (§ 35(1) and (2)).
Declaratory registration serves a recording function and does not affect the creation, change or termination of rights (§ 5(2)). The authority therefore does not decide who owns the building; it merely records what the documents unambiguously establish. This is precisely why it scrutinises them more strictly than most people expect.
How inconsistencies arise
The typical sequence is the same for a family home and a development project. A building permit is issued to one person; circumstances change during construction through marriage, the creation of a special-purpose company or sale of the project; and the occupancy approval or building-number notice names someone else. The change in the person undertaking the building was not reported to the building authority.
A difference in names is not in itself evidence of an error. Under § 46(1) to (3) of the Cadastral Act, another public or other document may prove that the owner is someone other than the person named in the primary building document. A transfer, legal succession or the creation of joint marital property must therefore first be documented and assessed, rather than automatically prompting a request to amend the old permit.
If, however, a public document contains writing or calculation errors, other obvious inaccuracies, or lacks the required particulars, the district office returns it to the issuer or the person who submitted it and sets a correction deadline (§ 42(5)). The Land Register cannot substitute for a court’s decision on disputed ownership in a declaratory registration procedure.
Which buildings are recorded at all?
The register records buildings attached to the ground by solid foundations, whether or not they have a building number; buildings under construction in connection with the creation, change or termination of rights to them; and underground structures where they intersect the ground surface (§ 6(1)(c)).
Not everything assigned a municipal building number is therefore eligible for recording. Shelters, gazebos and extensions often raise doubts. The Act has its own mechanism: if eligibility is doubtful, the Slovak Geodesy, Cartography and Cadastre Authority decides, within 30 days of receiving the district office’s request. The district office informs the participant of the referral, and the decision is published (§ 6(2)). If your proceedings have frozen without explanation, it is worth checking whether this is the reason.
Practical steps
- Check the chain of documents. For each decision, distinguish between the person who undertook the building and the owner. Address changes in the person undertaking the building in the permitting proceedings as well.
- Document the change of ownership. If the owner does not correspond to the primary document, attach a public or other document proving that person’s right under § 46.
- For spouses, assess when the building came into existence and the joint marital property regime, and obtain the documents required for registration. Different names in the documents do not themselves mean that the original permit must be corrected.
- Assess unregistered ancillary buildings according to their character and identification; on a transfer, ownership must be documented rather than omitting them from the contract without further analysis.
How we can help
We assemble the chain of permits and documents throughout construction project coordination so it matches what the Land Register will require at the end. For contractors and developers, this forms part of legal services for construction companies. We prepare registration applications and related contracts through contract preparation and registration applications.
If a document has already been returned for correction, contact us immediately. The authority sets the deadline and the issuer makes the correction, so an earlier start brings the building closer to sale or mortgage.
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.
