How to submit a proposal for a deposit in the real estate cadastre

In addition to the donation contract, a proposal for deposit in the cadastre is also required. What should it contain? What should be the attachments to it? And what should you watch out for?

What does the proposal contain?

The deposit proposal is submitted in writing and contains:

a) name, surname and place of permanent residence, if the participant is a natural person; business name, title and registered office, if the party to the proceedings is a legal entity

b) designation of the cadastre to which it is addressed

c) designation of the legal act on the basis of which the right to real estate is to be created, changed or terminated; if the subject of the deposit proposal is legal relations from several legal acts, all legal acts are indicated.

Appendices to the proposal

Attached to the deposit proposal is the contract, based on which the right to the real estate is to be registered in the cadastre, in two copies.

Other attachments are:

a) public deed or other document that confirms the right to real estate, if this right to real estate is not entered on the title deed (e.g. land ownership assessment…)

b) identification of parcels, if the ownership right to the property is not entered on the title deed

c) geometric plan, if the land is divided or merged or when an easement is established for the land

d) power of attorney agreement, if the party to the proceedings is represented by an attorney; the signature of the authorized representative must be certified if certification is required under the cadastral law

e) notification of the intended deposit proposal in paper form

• the cadastre shall mark the date on the deposit proposal, the hour and minute of delivery of the deposit proposal
• electronic submission is considered delivered only when it is registered by the relevant cadastre with the relevant details
• the notification of the intended deposit proposal is informative in nature and does not affect the order of entries
• if the Notice of Intended Proposal for Deposit is inconsistent with the data in the contract, is not considered an attachment to the deposit proposal.
• everyone has the right to look to the record of received deposit proposals
• the cadastre will examine the contract from the point of view of whether it contains the essential elements of the contract, whether the act is done in the prescribed form, whether the transferor is authorized to dispose of the real estate, whether the expressions of will are sufficiently definite and understandable, whether contractual freedom or the right to dispose of the real estate is not limited, whether the contract does not contradict the law , whether the law does not go around and whether it does not go against good morals. When deciding on the deposit, it also takes into account factual and legal facts that could have an impact on the authorization of the deposit.
• if it is a contract on the transfer of real estate, which was drawn up in the form of a notary’s minutes or authorized by a lawyer, the contract is assessed only from the point of view of whether it is consistent with the cadastral record and whether the procedural conditions for deposit authorization are met.

Deadline for decision on the deposit proposal:

• within 30 days from the date of delivery of the deposit proposal
• within 20 days from the date of delivery of the proposal for the deposit, if it is a contract for the transfer of real estate, which was drawn up in the form of a notary’s minutes or authorized by a lawyer, which does not conflict with the cadastral record and the procedural conditions for allowing the deposit are met
• within 15 days from the date of delivery of the deposit proposal based on the request for expedited proceedings on the deposit proposal and payment of the administrative fee in the amount of 265.50 euros.

Source: Office of Geodesy, Cartography and Cadastre of the Slovak Republic