This article (Part 2) follows on from the previous overview of hidden risks when buying land. The author examines in detail 8 main risk factors that lie outside the records of the Land Registry. The text covers the risks of long-term agricultural land leases, procedural and financial delays where archaeological sites are present, the transfer of liability for unauthorised structures to the new owner, and blocks in favour of public-benefit constructions through territorial reserves. It further analyses the strict regulation and levies applicable to high-quality soils, building limits (façade, height, fencing) in protected areas, the geometric limits of narrow or irregular plots, and the financially demanding remediation of environmentally contaminated soil near industrial zones. The article closes with a list of further associated risks (network capacity, noise, groundwater), which likewise pose risks when buying land.
When buying land, most buyers rely on the title deed (list vlastníctva), the cadastral map and the estate agent's information. The true legal situation, however, is often far more complex, and many fundamental restrictions do not show up in the Land Registry (kataster) at all. If you want to avoid a situation in which your construction project runs into unexpected legal, administrative, technical or environmental obstacles, it is essential to check factors that lie outside the ordinary records as well.
Check the lease relationships. The use of the land may be governed by a valid lease agreement under which it is used by an agricultural cooperative or another entity. Agricultural land leases are often subject to automatic renewal, which you may be unaware of when buying. As the new owner, you may thus discover that you cannot fence, cultivate or start building on the land because you are bound by a lease that is difficult to terminate early.
If you are buying land in a locality with proven or presumed archaeological heritage, you must factor additional financial costs and a specific timetable into your investment plan. The decision on whether archaeological research is required is issued by the competent Regional Monuments Office (KPÚ) not only for properties in heritage-protection areas, but across the board in areas with so-called archaeological potential. Under § 38 of the Slovak Monuments Act, the "polluter pays" principle applies – the financial costs of the research, as well as the selection of the authorised legal entity to carry it out, are borne in full by the developer whose construction activity disturbs the subsoil. The KPÚ generally orders advance research before construction works begin, or research in the form of monitoring the construction works (rescue research). Although properly planned research carried out in cooperation with the archaeologists need not significantly slow down the build, the financial burden of the fieldwork and the procedural time limits for the approval of the research documentation by the Monuments Board of the Slovak Republic remain a risk for the investor.
A structure built without the necessary permits represents a financial risk for the buyer. Slovak construction legislation has undergone a fundamental reform aimed at definitively ending the retrospective authorisation of unauthorised ("black") structures. New buildings erected without the authorities' consent can no longer be legalised retrospectively, and the building inspectorate orders exclusively their removal.
A certain exception applies only to older illegal structures built in the past. While structures built before 1989 were, subject to statutory conditions, legalised directly ex lege, a transitional period is running for unauthorised structures built later (between 1990 and the launch of the reform). Their owners may apply for a special review of fitness for use, and this window closes definitively on 31 March 2029.
If you buy land on which an illegal structure stands that does not meet the conditions of this amnesty (for example, it conflicts with the zoning plan, encroaches on protection zones or stands on someone else's land), full legal and financial liability for its removal (demolition) at your own expense passes to you as the new owner. A thorough check of the documentation for all structures on the parcel is therefore a pillar of every due-diligence review.
The municipality's zoning plan may set aside a so-called territorial reserve on your land for public-benefit constructions, such as planned roads, utility relocations or flood-protection measures. In such a case, the building authority will not allow you to build on the relevant part of the land, because its use is blocked in favour of the public interest. Beyond the impossibility of building, the land may in future become the subject of expropriation proceedings. Before buying, it is therefore essential to consult the zoning-plan information, which will reveal whether the land you are interested in buying is earmarked in the municipality's long-term plan for a purpose other than housing, which would make your construction project impossible at least in part.
If the land is registered as agricultural soil of high quality (BPEJ in the highest quality classes), its withdrawal from the agricultural land fund is subject to strict regulation and high levies. This process is financially demanding, and in many cases an application for withdrawal of the soil may be refused, particularly outside built-up areas or for soils of the highest quality. Without a final decision on the withdrawal of the soil, the building authority will not approve the construction project, which can turn a plot that is buildable "on paper" into a long-term unusable investment.
Land in protected areas is subject to strict rules on nature and landscape protection. Any construction project here requires the approval of the state nature-conservation authorities, which may impose limiting conditions – for example, restrictions on the height of the building, the shape of the roof, the colour of the façade, the materials used, or even a complete ban on fencing or paved surfaces. In these areas, the investor's vision frequently collides with the requirements of nature protection, which can be a fundamental obstacle to carrying out the build or lead to a complete ban on construction.
The shape and dimensions of the land often determine whether a standard house design can be built on it at all. If the plot is too narrow, you will run into the mandatory setback distances from the plot boundaries, defined by building regulations and binding zoning rules. If you fail to observe these setbacks, the building will be inadmissible in the permitting process. An irregularly shaped plot, in turn, may lead to inefficient use of the area or to the need to commission an expensive bespoke house design adapted to the atypical conditions of the parcel.
Land may be burdened with environmental contamination that is not visible at first glance. This chiefly concerns land near former industrial premises, landfills, agricultural cooperatives, petrol stations, workshops or garages. Contamination of the soil with petroleum substances, heavy metals, pesticides or chemicals can significantly restrict or completely prevent construction. Remediation of contaminated soil is financially demanding and, in some cases, may be mandatory even before construction works begin. Without a professional environmental assessment, you may end up buying land that is unusable from the standpoint of both health and construction law.
If you are planning to invest in real estate, we will be glad to help you with a legal audit that uncovers the risks before you sign the purchase agreement.
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