Real Estate Law

A staged process is followed, starting with formal notice and enforcement proceedings, extending to an eviction case if necessary. The right sequence of steps prevents loss of rights.

Cancellation of a title deed may be sought in cases such as fraudulent registration, lack of legal capacity, sham transactions, or an irregular cadastral determination. The applicable time limit and burden of proof vary depending on the ground relied upon.

The delivery date, penalty for delay, material and floor-area specifications, guarantee letter and mortgage terms must all be clearly set out in the contract; otherwise the landowner may suffer serious loss of rights.

The land registry record should be checked for encumbrances such as annotations, attachments or mortgages, and to confirm the seller is the actual owner, via the land registry office or the e-Government portal.

It is legally possible to purchase a property under a construction servitude, but since the building may not yet be completed, the construction's progress and the contractor's reliability should be separately investigated.

For increases within the statutory cap, the tenant's acceptance is not required; in the event of a dispute, a rent-determination action may be filed to have the rent set by the court.

Decisions of the assembly of condominium owners may be challenged by an annulment action before the civil court of peace, within the period set by law from when the decision became known.

Eviction may be pursued through enforcement proceedings or a court action, based on statutory grounds such as an eviction undertaking, expiry of the lease term, tenant default, or the landlord's own need.

A co-owner may sell only their own share to a third party; selling the entire property requires the unanimous decision of all co-owners.

While legally possible, unpermitted buildings carry the risk of a demolition order and administrative fines; the zoning status should always be confirmed with the relevant municipality before purchase.

For severely damaged or condemned buildings, condominium owners have the right to be informed of, and to participate in, the damage assessment and urban-transformation decision-making process under the applicable legislation.

No, the process may be initiated by the statutory required majority; the shares of dissenting minority owners may be sold under the procedure provided by law.

First request up-to-date survey and map information from the cadastre office; if the dispute continues, an action for boundary determination or prevention of encroachment may be filed.

The official real-estate sale contract may, by law, be executed only before the land registry office; preliminary agreements made before a notary bind the parties but do not transfer ownership.

As a general rule, renovations made by the tenant without the landlord's approval are at the tenant's expense; where the contract provides otherwise, that provision governs.