SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
It must be noted, however, that the reform in the taxation of real estate has proven to be, time and again, a difficult political compromise to achieve. Therefore, it is possible that the reform will not be adopted immediately: currently, the reform is planned to be implemented in 2025. A similar reform was enacted in 2013, but was repealed by the Slovenian Constitutional Court. After severe floods in Slovenia in August 2023, an Act on intervention measures to deal with the consequences of floods and landslides was adopted in 2023 (the “Intervention Act”), which, among others, amended certain provisions of the Spatial Management Act, Building Act, Agri - cultural Land Act, Act on Forests, Water Act, etc. The amended Spatial Management Act allows for detailed municipal spatial plans to address natural and other disasters, modifying land- use designations and spatial conditions. Under the amended Building Act, reconstruction to mitigate flood and landslide effects can alter a building within minor permissible deviations, provided project documentation and water con - sent are provided with construction commence - ment by 31 July 2024. With the Intervention Act, the Republic of Slovenia also gained the right to purchase agricultural land, a forest or a farm to remedy flood and landslide consequences, overriding pre-emption rights and other proce - dural steps and provisions in existing legislation.
• lien; • easement (encompassing both easements in rem and personal easements); • encumbrance; and • building right. A non-accessory land charge can no longer be established, as it was widely abused by the debtors and was omitted from the Law of Prop - erty Code. Land changes established before 5 November 2013 have remained in effect. The principle of numerus clausus applies to cat - egories of property rights. No different property rights may be created at the will of the parties. The principle of numerus clausus is somewhat alleviated in the case of easements in rem, the subject matter of which is not precisely pre - scribed. 2.2 Laws Applicable to Transfer of Title The transfer of title of real estate is primarily gov - erned by the Law of Property Code, the Obliga - tions Code and the Land Register Act. In addition to the above-mentioned laws, which are generally applicable to the transfer of title of real estate, regardless of the type, addition - al specific laws apply to the transfer of title of particular types of real estate, which prescribe restrictions in the transfer of title of these types of real estate. Such laws are, inter alia: • the Agricultural Land Act and the Act on Forests, which regulate pre-emption rights of specific beneficiaries, who have priority when purchasing agricultural or forest land, as well as a specific procedure for the sale of agricul - tural and forest land; • the Water Act, which prohibits the sale of state-owned water land;
2. Sale and Purchase 2.1 Categories of Property Rights
In accordance with the Law of Property Code, the following categories of property rights can be acquired: • ownership right;
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