Have you selected the desired property, signed the Future Contract, the Croatian “Pre-agreement” or the final Purchase Contract “Agreement”? You have all the necessary documentation for the property and now you are one step closer to getting the keys to your new property? If you are already dealing with the Intabulation Clause, Croatian “Tabularna isprava/izjava”, you have reached the very end of the road to buying your dream property.
What is an Intabulation Clause?
In a Purchase Agreement, the seller agrees to sell the property to the buyer and the buyer agrees to pay the purchase price. Upon receipt of the purchase price, the seller issues a declaration to the buyer that he agrees to register the buyer’s ownership rights in his own name – the so-called Tabular Declaration (lat. Clausula Intabulandi). This is a document by which the seller grants the buyer consent to the registration of ownership rights in the Real Estate Cadastre. The Intabula clause is the subject of the contract of sale. The document can be placed in the Purchase Contract itself or attached as a separate document.
What is the purpose of the Intabulation Clause?
This clause allows the Buyer to register the title upon payment of the Purchase Price, without further objections or restrictions, or unconditionally if registration is allowed without any further consent. In both cases, the declaration must be certified by the competent authority, i.e. a notary public, in order to be valid. Of course, if it is part of the contract of sale, it is valid, given that the contract of sale itself is already subject to notarisation.
What if the seller has not issued you with an Intabulation Clause?
If the Seller refuses to issue the “Tabular Declaration” document and all contractual obligations on the part of the Buyer are fulfilled, the Buyer has the right to terminate the Purchase Contract at no cost. Another option for the issuance of the document is a court action. The Buyer has the right to request the issuance of the clause, which is necessary for the transfer of title, by way of a lawsuit. In the event of the dissolution of a legal entity or the death of an individual, the Purchaser to whom the Intabulation Clause has not been issued has the right to obtain it from the legal successors or heirs, or through the judicial route.
Word in conclusion
An intabulation clause belongs to the family of book deeds, which means that it is the basis for authorising registration in the Land Register. The document must contain certain particulars which are mandatory and a given. It is important to note that the Land and Book Court (Zemljoknjižni sud) decides only on the basis of applications for registration under the Intabulation Clause, without further statements, deliberations and hearings of the parties.
Buying a property in Croatia is not easy, it is important to approach the decision and the whole process seriously and responsibly and with a verified partner.
