SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
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. In accordance with the Law of Property Code, the following categories of property rights can be acquired: • ownership right; • lien; • easement (encompassing both easements in rem and personal easements); • encumbrance; and • building right. 2. Sale and Purchase 2.1 Categories of Property Rights 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 charges established before 5 November 2013 have remained in effect. The principle of numerus clausus applies to cat - egories of property rights. In addition to those defined by the law, no other 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 prescribed. 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 apply to the transfer of title of real estate in gen - eral regardless of the type of real estate being transferred, additional specific laws apply to the transfer of title of particular types of real estate, which prescribe certain restrictions in the trans - fer of specific types of real estate, as follows: • the Agricultural Land Act and the Act on Forests regulate pre-emption rights of spe - cific 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 prohibits the sale of state- owned water land; • the Nature Conservation Act and the Cultural Heritage Protection Act prescribe special pro - tection regimes and restrictions on transfer of title of real estate designated as natural and cultural monuments; and • the Spatial Management Act in connection with implementing regulations of the munici - pality or the state provide for pre-emption rights of the municipalities or the state over land plots which are of special importance. 2.3 Effecting Lawful and Proper Transfer of Title The proper transfer of title to real estate requires the following: • a binding sale and purchase agreement; • a land register permission; and
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