The lawyer who drew up an authorised agreement is liable for its content. With such an agreement the district authority examines only whether it is consistent with the cadastral records and whether the procedural conditions are met, so the Act places the assessment of lawfulness and of the risk of damage on the lawyer. A lawyer is liable to the client for damage caused in the practice of law and must be insured against that risk. That liability does not, however, extend to everything that can go wrong on a transfer: if the other party fails to pay or to hand over the property, that is primarily a breach of contract by that party and is pursued against it.
You are buying a flat or gifting a house, and the agreement has been drawn up and authorised by a lawyer. Instead of certifying signatures, the lawyer’s clause suffices, and the Land Register reviews the agreement faster and to a lesser extent. The question naturally arises who stands behind the agreement being in order, when the authority does not examine it in depth. The answer is given by the Act on Advocacy: the assessment of the agreement’s content has passed to the lawyer, and liability with it.
The Land Register examines less, the lawyer more
With an ordinary agreement, the district authority examines whether it contains the essential elements, whether it is in the prescribed form, whether the transferor is entitled to deal with the property and whether the agreement conflicts with the law (Section 31(1) of the Land Register Act). With an authorised agreement the scope is narrower:
Where an agreement transferring immovable property has been drawn up in the form of a notarial deed or authorised by a lawyer, the district authority assesses the agreement solely as to whether it is consistent with the cadastral records and whether the procedural conditions for authorising registration are met.
— Section 31(2) of Act No. 162/1995 Coll. (unofficial English translation)
What the authority does not examine with an authorised agreement is done by the lawyer. Authorisation under Section 1a(1) of the Act on Advocacy comprises drawing up the agreement, establishing the identity of the parties and their representatives, assessing whether the agreement conflicts with the law, circumvents it or offends good morals, and assessing whether its conclusion would give rise to a fact founding damage.
What the lawyer is liable for
The general rule is in Section 26(1) of the Act on Advocacy: a lawyer is liable to the client for damage caused to the client in connection with the practice of law. Relief from that liability is exceptional:
Unless this Act provides otherwise, a lawyer is relieved of liability under paragraph 1 if the lawyer proves that the damage could not have been prevented even with all the effort that could be required of the lawyer.
— Section 26(4) of Act No. 586/2003 Coll. (unofficial English translation)
For authorisation, the Act deals with identity separately. Where a lawyer, even after further enquiry, is not certain who is sitting before them and does not refuse the service, the lawyer cannot be relieved of liability for damage caused by misuse of identity (Section 1b(3)). That is why identity is established so thoroughly at signature.
The liability is backed by cover. Throughout the practice of law a lawyer must be insured against damage caused by that practice, either under a separate insurance contract with the statutory minimum limit of indemnity or under the collective insurance taken out by the Slovak Bar Association (Section 27(1) and (2)). On authorisation the lawyer must inform you of the amount of insurance cover and of the insurer (Section 1aa). Ask for this at signature if it is not offered.
What authorisation does not cover
Authorisation concerns the agreement, not how people behave after it is signed. If the buyer fails to pay, the seller does not vacate the flat, or a latent technical defect later emerges, that is a breach of contract by the other party or liability for defects, to be pursued against that party. The lawyer’s task is to set the agreement up so that it protects you in such a situation: on a transfer for consideration the lawyer must therefore advise you, as the Act requires, of the agreed payment terms for the purchase price and include in the agreement your declaration that you have been made aware of them (Section 1aa). Authorisation does not assess the technical condition of the building; that is what a viewing and, where appropriate, a surveyor are for.
If the Land Register stays the proceedings because of a clerical or arithmetical error, a correction after the application has been filed can be made only by an amendment to the agreement (Section 42(4) of the Land Register Act); we explain the procedure in the question on correcting an error in an agreement after the application has been filed. A refusal of registration may be appealed within 15 days of service of the decision (Section 31(7)). If an error in an authorised agreement causes you damage, it is pursued against the lawyer; where the lawyer practises as a member of a law firm, the firm is liable (Section 26(1)). The liability is covered by compulsory insurance.
How to proceed
Before signing, have the payment terms explained to you, together with what happens if the Land Register refuses registration; ask about insurance cover too. The difference between authorisation and a simple certification of signature is examined in the question on a certified signature or authorisation. We will draw up the agreement, authorise it and file the application for registration within our authorisation of an agreement transferring immovable property service.
This answer provides general information on the law as at 12 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.
