Flat sale agreement

A flat is transferred under Act No. 182/1993 Z. z. on Flat Ownership, which imposes requirements beyond the Civil Code: precise identification by flat and entrance number, floor area and fittings, the size of the co-ownership share in common parts and facilities and the land, and the buyer's declaration of accession to the management or owners' association agreement. If a requirement is missing, the Land Register will not approve registration — and ordinary sale agreement templates do not cover these particulars.

A flat ownership transfer agreement must include a certificate from the manager or association chair confirming that the seller has no arrears in charges for services connected with use of the flat or contributions to the operation, maintenance and repair fund (§ 5(2) of Act No. 182/1993 Z. z.). The seller requests it from their manager — we explain exactly what to ask for and review it before attaching it to the agreement. The only exception is the first transfer of a flat, for example from a developer.

Rights and obligations under the flat transfer agreement pass to the legal successor, and on acquisition the buyer enters into the relationship with the manager or association — starting to pay charges and contribute to the repair fund. The seller's remaining repair fund contributions are not refunded; they stay with the building. In addition, the seller's arrears are secured by a statutory security interest over the flat in favour of the other owners, which remains on the title deed after transfer. That is why the law requires the manager's certificate of no arrears — and why we never skip it.

Yes, this is one of the most common situations. The agreement must provide for part of the purchase price to repay the seller's loan directly and establish how the bank will issue consent to remove its security interest — a discharge confirmation. We coordinate the steps so that the buyer does not pay into uncertainty or acquire a flat burdened by someone else's debt. For larger amounts, we recommend payment through lawyer escrow.

Signing the agreement does not yet make the buyer the owner. Ownership of the flat and the co-ownership share in the building's common parts and land are acquired only through Land Register registration, under both the Flat Ownership Act and the Civil Code (§ 133(2)). In decision 5Obdo/35/2023, the Supreme Court of the Slovak Republic emphasised that contractual effects between the parties must be distinguished from effects on property rights, which arise only on registration. The agreement must therefore address the period between signing and registration — especially where the money is held until then.

Not if we authorise the agreement. Although the Land Register requires the transferor's officially certified signature on a property transfer agreement, this does not apply to a lawyer-authorised agreement under § 42(3) of the Cadastral Act. During authorisation, we establish the parties' identities, assess the agreement's content and take responsibility covered by mandatory lawyer insurance — giving both parties stronger protection than signature certification alone. Signing and authorisation can therefore take place together at our office. This is a separate service alongside the agreement, with its price agreed in advance.

That depends on your circumstances and trust between the parties. The agreement alone is enough if you have the rest of the transfer under control — for example, the buyer's bank handles payment. For direct payments between the parties, we recommend lawyer escrow so that the price is released only after the new owner is registered. We can prepare and submit the registration application electronically at a reduced fee. We also offer all three steps together as a complete property transfer service.