One of the few
places left in Europe where buying a house or apartment close to the sea is
still affordable, Croatia enjoys popularity with property buyers from around the
world who appreciate the opportunity to own a home in a beautiful, largely
unspoiled country and also by the attractive potential investments returns.
It must have been
a daunting prospect for the first foreign owners who started buying property in
Croatia in the late 1990’s: selling property was a new experience for many
Croats and there would have been no help about what to do or where to go.
However now things have changed considerably and there is a good deal of
information available on the internet about how to buy and how to navigate the
bureaucracy.
One feature of the
bureaucracy which is still proving troublesome however is the requirement for
foreigners to obtain government permission to own a property which can take
anything from 18 months to three years to obtain, although it is rarely denied.
This situation will continue for EU citizens until 2009 when this law is due to
be scrapped as part of the EU accession arrangements. Until then buyers have a
second option of setting up a Croatian limited company which allows the buyer to
have immediate ownership. There are many companies who will perform this service
including lawyers, accountants and some estate agencies. The following table
describes the pros and cons of the company route versus the private route.
Zero Capital Gains tax on any profit from a
sale as long as you sell more than three years after receiving MJ
permission.
Immediate ownership of the property
Can sell the property whenever you wish
If you sell within 3 years of buying the tax on the profit is
just 20% (not 35%)
Option to sell the company rather than the house, with the
result that no profit tax is due and your buyer is not liable for 5%
real estate sales tax (i.e. stamp duty)
No delay in applying for planning permission (if you plan to do
work which requires permission - including things such as replacing
the roof)
No delay in applying for a letting licence (very relevant if you
wish to buy to let)
Cons Private Route
Cons Company Route
35% Capital Gains Tax if you sell within 3 years after receiving
MJ permission
Waiting time for Ministry of Justice permission (Between 18 & 36
months).
You will not be the legal owner until the MJ permission is
received and you have recorded your name in the land registry
Cannot apply for planning permission or a letting permit until
you have “legal ownership” i.e. your name is in the land registry
Require the co-operation of your seller should you wish to sell
before the MJ permission and even if you get their cooperation the
sale can be messy with doubts about who the buyer should pay.
If you sell after 3 years, the tax is still 20% of any profit
Ongoing responsibilities as a company owner.
Require the services of an accountant to perform basic
bookkeeping and filing of accounts
One Property, Ten Different Advertised Prices!
An oddity of the Croatian property market is that when people wish to sell, they
rarely give their property to one estate agent to market on an exclusive basis.
More likely the vendor will offer it to two or three agencies to sell, although
it’s not uncommon for the property to be offered to 15 or 20 agencies! In any
case, the property often ends up in the hands of multiple agencies as the
agencies who agree to try to market the property often pass it onto other
agencies in order to maximise the number of people who will hear of the
property. The agents share the commission when the house is sold, so this
arrangement is in the vendor’s interest although it usually means that he has no
idea who is advertising his property, and more confusingly at what price it is
being offered.
To be fair to the agents, the vendor often adds to the confusion by telling the
agents to “add your commission on top”. For some agents this means add 2%, but
unfortunately for others it means adding 20% or more! Just to add to the
confusion, there are some unscrupulous agencies who steal the pictures and text
from another agency’s website and upload it onto their own site offering it at a
very low price (which the seller would never accept) to attract buyers into the
agency. It’s easy to spot these rogue agencies because they know nothing about
the property and if they do take you to see the property, they will not be able
to show you inside!
Unfortunately, the end result is that browsing the web is not always the best
way or easiest way to get an accurate picture of the prices of Croatian
property. The best way is to work with one or two selected agencies who will
help find properties which match your requirements as closely as possible and
who can also advise you on which areas might best suit your needs. Working this
way should not cost the buyer any extra but will mean that the agent is working
in the buyers interests. Another advantage of this method is that although most
agencies have a website, regular use of email still seems to be unheard of in
most agencies whereas a personal phone call agent to agent almost always yields
a better, fuller and infinitely faster response.
Finding Clean Title
Apart from avoiding rogue agencies, buyers also should avoid properties with
unclear title (sometimes called unclean). Clear title means that all the
registered owners are alive and agree to sell. Traditionally houses were
inherited by all the children in a family who would divide the living space
generation after generation until each with the inevitable overcrowding being
eased by some of the family members emigrating or going on to build their own
home. However although they emigrated, they still kept the ownership of the
property to pass on to their children. In practice the arrangement more or less
worked. People knew who owned each house and it was understood that the people
who actually lived there may well only be relatives of the 60 or so true owners.
However socialism complicated things because now people had a good reason not to
register their property ownership and things got worse when one of the owners
died without leaving a will. There is a way of cleaning up the title of a
property so that the property can be sold but it can take years and costs money,
so it is not uncommon to see an old stone house in a beautiful setting turn into
a ruin even though there are many who would like to buy and restore it.
Usage Permit
A new law has recently come into force requiring that all new properties must
have a usage permit before being sold. This is rather like a building completion
certificate in Britain and is issued by the local government when a property has
been built legally and the taxes have been paid. Currently it’s a problem in
Dalmatia as only a few years ago, building illegally and (possibly) getting
retrospective permission sometime later was the norm. You don’t have to drive
too far in any direction until you see unfinished concrete buildings, most of
which are illegal and some of which the government has already started to
demolish. Unsurprisingly, there is a political element at force and foreigners
who bought some land and then illegally built a house seem to be more of a
target for the demolition crews rather than the Croatians who did the same.
Building
For those interested in buying an illegally built house and retrospectively get
the permission, it would be a mistake to expect that the house would cost
considerably less than a legally built one. Although logic dictates that it
should, the Croatian who owns it is unlikely to see it that way. A second reason
to think twice is some houses just can’t get retrospective permission because
plans were constructed for the entire coast in 2005/6 and many areas have not
been designated for residential use. In particular it is almost impossible to
build anything within 70m of the shoreline, although the plan does restrict
development in the entire area up to 1km back from the sea.
Many people are interested to buy a plot of land “first row to the sea” and
build a villa, but this type of land is rare and commands a big premium e.g.
land designated for agriculture costs about €5 -€10/m2, but buildable land in a
pretty setting can cost €400/m2.
The Buying Process and the Costs.
Fortunately buying is relatively straightforward in Croatia, if the paperwork is
in order. Often, after a lawyer has performed an initial assessment of the
papers, a pre-contract is drawn up and a deposit is paid (usually direct into
the vendor’s bank account). The pre-contract will states that the buyer will
forfeit his deposit if he withdraws from the deal and the seller states that the
title is clean and that he will sell the property by an agreed date or be
obliged to give the deposit back to the buyer plus the same amount again. The
sales contract is signed usually a month later with the remainder of the
contractual price being paid over on the same day. After that it’s the estate
agents job to bring a copy of the contract to the land registry, the katastar
(which is like a duplicate, though less important land registry) and to the
local tax office. Buyers are charged a 5% Real Estate Transfer tax on re-sale
properties. Buyers of new-build properties purchased from the developer are
liable for 5% tax on the value of the land only, although the developer must pay
22% PDV (the Croatian equivalent of VAT) on a new build. Often this is passed
onto the buyer and it is always worth checking what is in the price and what
isn’t.
Legal fees on a purchase are typically 1½% all-in and estate agency fees range
from 2% - 6% plus PDV.
Mortgages
At the time of writing, in early 2007, there are no mortgages available for
foreign citizens who wish to buy in Croatia yet, although Hypo Alpe-Adria Bank
offers a financing product similar to leasing through their London office. Most
people however find it cheaper to raise the money in their home country by
re-mortgaging their home. Eventually this will change, but not until the
Croatian National Bank eases the restrictions it puts on the banks in Croatia
making it easier for them to loan money. The only small exception to this is
where a foreigner has a Croatian company which already owns a property in
Croatia to be used as collateral.