Changing the building type updates cadastral data and does not itself change the owner. The initial division of a building into flats and non-residential premises must be distinguished from their sale: if the owner remains unchanged, an owner’s declaration and the relevant building and technical documents may provide the basis for declaratory registration. Acquisition under a construction, internal-construction or extension agreement and the subsequent transfer of a flat, which is entered by constitutive registration, follow a different regime. The number and order of submissions must be determined from the particular documents; there is no general prohibition on submitting the supporting materials together.
Conversions are common today: a hotel becomes a block of flats, offices become housing, and an industrial hall becomes loft apartments. The construction and permitting side is often well managed, while the Land Register is considered only when the first flat needs to be sold.
Changing data, initially recording flats and subsequently transferring them
Changing the building type changes a property data item. The details of a registered building include its building-type code under the annex to the decree or a description (§ 10 of Decree No. 461/2009 Z. z.). Changing that item does not itself change who owns the building:
A change to cadastral data that does not affect the creation, change or termination of rights to immovable property is made on an application by the owner or another entitled person, or on the district office’s initiative.
— § 43(1) of Decree No. 461/2009 Z. z. (unofficial translation)
The application identifies the change and includes a supporting document where needed (paragraph 2). In practice, this is usually the occupancy approval for the change of use.
The initial recording of flats and non-residential premises does not always involve a transfer to another person. If the building owner remains unchanged, recording its division may be based on the owner’s declaration and the relevant building and technical documents; there is no need to create a transfer contract with oneself. The declaratory registration procedure must be distinguished from acquisition under a construction, internal-construction or extension agreement, for which § 46(4) of the Cadastral Act prescribes specific supporting documents.
A subsequent sale of a flat requires a transfer contract, and the buyer acquires ownership through constitutive registration under § 5(4) of Act No. 182/1993 Z. z. The documents for changing the building type and dividing it into units must be mutually consistent, but it cannot be stated as a general rule that submitting them together is prohibited. The procedure depends on the legal basis and whether the documents are ready.
What a contract for a subsequent transfer must contain
A flat transfer contract must include in particular a description of the flat and its appurtenances, its location, floor area and fittings, the share in common parts, facilities, appurtenances and land, and the relevant declaration of accession to building management (§ 5(1)).
The share in common parts is calculated as the ratio of the unit’s floor area to the total floor area of all flats and non-residential premises in the building. In conversions, this calculation is often the most contentious issue because the original hotel documentation did not account for it.
The first contract must be accompanied by floor layout plans identifying flats, non-residential premises, parking spaces and storage areas, together with land identification. The seller submits the registration application and documentation (§ 5(5)).
Issues encountered in conversions
- Encumbrances on the original building. A mortgage covers the building as a whole; after units are created, its wording must be aligned with the new position. A mortgage terminates only for the statutory reasons (§ 151md(1) of the Civil Code), which do not include division into units.
- Building management. The duty to arrange management arises on the first transfer of a flat, except for buildings with no more than three flats and buildings where all flats have the same owner (§ 6(1)). In a conversion, the duty therefore arises after the first sale, not before it.
- One application, one contract. A constitutive registration application must cover all registrable transactions under the contract and all affected properties; only one contract may be attached (§ 30(5) of the Cadastral Act).
- Extensions and additional storeys. If the conversion includes an extension or upward addition, the extent of common parts and facilities also changes and must be reflected in the shares.
Why address this before the first reservation?
The sales timetable is usually set before the building’s new position is registered. Reservation and future-contract agreements then identify units that do not yet legally exist. If identification and shares later change, client documentation must be revised, and some clients withdraw.
Aligning the building type and creating units therefore belong in the timetable before sales launch, rather than among tasks caught up during sales.
How we handle it
We manage the conversion as a whole: aligning the building type, preparing documents for recording the flats with share calculations, transfer contracts and related submissions. For development projects, this forms part of flat sales in a development project. We handle permitting through construction project coordination and submissions through contract preparation and registration applications, also coordinating the layout plans.
If you are planning a conversion, contact us before signing the first reservation agreement.
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.
