Real Estate and Construction
Land registers and the cadastre, including their organisation, maintenance, and the acquisition of real estate, as well as registration, pre-registration and notation of rights in land registers, are governed by the Land Registry Act and the State Survey and Real Estate Cadastre Act.
Due to significant differences in how land registers and cadastre systems have been maintained throughout various historical and political systems in the territory of present-day Croatia, land registry law remains a highly complex and sensitive area in which parties frequently require expert legal assistance. Procedures such as expropriation, restitution of property, legalization, and others also require legal support at every stage.
Construction disputes and proceedings are frequent due to the substantial investment in the construction sector in the Republic of Croatia. The main regulations are the Physical Planning Act and the Building Act, which govern spatial planning procedures, issuance of location permits, building permits, and essential construction requirements. These are the key public law regulations governing construction.
On the other hand, the Civil Obligations Act and the Act on Business Activities in Spatial Planning and Construction are the primary private law regulations governing contractual relationships in construction. International general conditions of contract for construction are also frequently applied, as well as specific construction practices.
In construction projects of all types, deviations from initially agreed terms are common—leading to disputes. For this reason, particular attention must be given to adequate and expert legal support.
Real estate and construction are our bread and butter. We have developed a particular expertise in assisting project developers, investors, and contractors in navigating the legal landscape in Croatia.
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Legal support and representation in all types of registration, pre-registration, and notation procedures
Assistance in the establishment, restoration, and amendment of land registers, linking land registers with deposited contract registers, individual land registry correction procedures, condominium subdivision (etažiranje), etc.
Filing deletion claims, requests for amortisation and deletion of mortgages
Representation in property restitution proceedings under the Act on Compensation for Property Taken During the Yugoslav Communist Regime
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Legal advice and representation in real estate transactions (acquisition, sale, tax treatment, etc.)
Due diligence and analysis of real estate status in cadastre and land registers
Drafting of contracts relating to acquisition, sale, lease, tenancy, construction, and development of real estate
Legal advice and representation in real estate transactions (acquisition, sale, tax treatment, etc.)
Due diligence and analysis of real estate status in cadastre and land registers
Drafting of contracts relating to acquisition, sale, lease, tenancy, construction, and development of real estate
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Support in the negotiation and contracting of construction projects, including drafting consultancy agreements
Drafting construction contracts – turnkey agreements, concessions, BOT (Build-Operate-Transfer) agreements, public-private partnerships (PPP), etc.
Representation in drafting, adapting, performance, termination, and all stages of international standard construction contracts (FIDIC, ICE, etc.)
Advice and support in project financing, construction financing, and negotiation of performance securities and related instruments
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Ownership claims, possession disturbance claims, claims for protection against excessive nuisance (imissions), etc.
Pre-dispute advisory, evidence preservation, and liability for defects proceedings
Representation in enforcement, litigation, mediation, and arbitration proceedings, including FIDIC dispute boards (Dispute Adjudication Board – DAB and Dispute Review Board – DRB)
Representation in expropriation proceedings and public procurement procedures
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Legal support in the development of construction, tourism, and other projects from inception to completion
Advisory and support in spatial planning procedures, including obtaining use permits, location permits, building permits, energy certificates, and other matters related to urban planning
Representation in administrative proceedings and disputes before spatial planning authorities at local, regional, and national level.
FIDIC in Croatia
FIDIC’s well-known suite of General Conditions of Contract is the most commonly used set of model contracts for large-scale construction and engineering works worldwide. As an international standard, FIDIC contracts originate from English law and bring principles of developed construction law systems.
The English-law background of FIDIC often leads to uncertainties in application and interpretation of certain provisions—for example, regarding contractor claims, notice requirements, employer obligations, supervision responsibilities, etc.
Today, FIDIC contracts are increasingly used in Croatia, particularly in projects financed by international financial institutions (banks), EU funds, and in strategic infrastructure projects. However, Croatian construction projects are also subject to mandatory provisions of Croatian law. Conflicts between FIDIC practice and domestic legislation are common.
In case of such conflicts, careful contract drafting is essential to align the parties’ intentions and avoid costly and lengthy disputes.
Nogolica & Partners provide legal representation and support throughout the entire lifecycle of construction projects—from inception to completion—for all project participants (employers, contractors, engineers).
Do you need legal assistance in land registry or construction disputes?
Ljiljana Nogolica has over 30 years of experience representing clients in land registry and construction matters of varying complexity, both independently and as part of legal teams, including some of the largest and most prominent cases in Croatia.
Toni Nogolica focuses on construction law, with particular expertise in construction arbitration, including both domestic and international disputes. He is one of seven lawyers certified to resolve FIDIC-based disputes in Croatia.
With extensive experience and in-depth knowledge of land registry law, the lawyers at Nogolica & Partners provide effective representation in all types of real estate and land registry disputes.