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According to Croatian Law on
Property Ownership and other
Real Rights (Art. 356 para 2;
Official Gazette of the Republic
of Croatia Nos. 91/96, 68/98, 13 7/99,
22/00, 73/00, and 114/01), foreign citizens
and enterprises who want to
become owners of real estate in the
Republic of Croatia other than by inheritance
need to obtain consent from the
Minister of Foreign Affairs of the
Republic of Croatia issued on the basis
of a prior opinion of the Minister of Justice
of the Republic of Croatia.
The consent of the Minister of Foreign
Affairs is issued in the form of an
administrative act, following a special
administrative procedure conducted at
the Ministry of Foreign Affairs of the
Republic of Croatia; the procedure may
be initiated by the applicant or through
an attorney by sending a request in
writing to the following address:
Ministry of Foreign Affairs, Consular
Department, Medulieva 34, 10000
Zagreb. The request (in the form of a
brief letter) must contain the following
enclosures:
- Legal basis for the acquisition of the
property (purchase agreement, gift
agreement, support agreement etc.), in
the original or a duly legalised copy;
- Sellers proof of title i.e. land registry
certificate, in the original or a duly
legalised copy, not older than six
months;
- Original certificate (not older than six
months) issued by the authorities of
the local administration responsible
for urban planning (county
departments), confirming that the
property is within the construction
zone envisaged by the zoning plan;
- Proof of citizenship for the Buyer
(legalised copy of a passport), or proof
of the status of a foreign legal entity
(certificate from the register of
companies);
- Proof of citizenship for the Seller (a
copy of his ID or passport will do);
- If an attorney is involved, it is
necessary to submit the Power of
Attorney, in the original or a duly
legalised copy; and
- Non-legalised copies of all the
enclosed documents
In addition to these documents, it is
also necessary to enclose the proof of
payment for the administrative fee.
Pursuant to Art. 21 of the Law on the
Amendments to the Administrative
Charges Act (NN No. 163/03), or more
precisely, Rate 74a, the following
amounts are charged:
- HRK50 for the application;
- HRK100 for deciding on property
acquisition, and
- HRK 20 for any subsequent
supplement to the application (in case
of missing documents).
Note: Administrative fees up to
HRK100 are paid in the form of
appropriate stamp duty, while the
amounts exceeding HRK100 must be
paid by means of a general payment
order to the account of the National
Budget of the Republic of Croatia No.
1001005-1863000160, reference No. 24
entered in the first adjacent field, and
5002 in the second;when the payment is
effected by a Croatian citizen, the JMBG
identification number should be added
in the second field, and when the
payment is effected by a foreign national
number 721 should be added in the
second field. The applicant or his/her
attorney must enclose the payment order
filled out in this manner (or stamp duty)
with all other documents required.
In the administrative procedure
conducted before the Ministry of Foreign
Affairs to decide on the application, it
shall be determined whether there is
reciprocity between the Republic of
Croatia and the state whose citizen the
applicant is.This particular requirement
is met if in the state whose citizen the
applicant is Croatian citizens are
recognised the right to acquire property.
The Ministry of Foreign Affairs collects
and examines foreign laws concerning
the requirements and the acquisition of
ownership by foreign citizens in those
states, and applies and interprets them
in the procedure it conducts.
Note: There are areas in the Republic
of Croatia in which foreign citizens may
not acquire ownership of real property,
like the excluded areas (Art. 358 para 1
of the Law on Property Ownership and
other Real Rights), agricultural land
(Art. 1 para 3 of the Agricultural Land
Act), protected natural areas (Art. 40
para 3 of the Nature Protection Act),
forests and forest land (Art. 1 para 3 of
the Forests Act).
Following the completion of the
administrative procedure upon the
application, in case the consent has been
granted, the foreign citizen shall be
entitled to apply for the registration of
ownership in land register.
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