The Slovenian land register is a public register that contains entries and makes available to the public information on rights on real property and legal facts relating to real property. As regards the data from the land register, the principle of reliability applies to them. Accordingly, any person acting honestly in relation to a legal transaction and relying on the information on rights entered in the land register shall, in principle, not suffer adverse consequences by doing so.
The following information about the real properties is available in the land register:
- rights in rem over real property (ownership right, a mortgage, a land debt, an easement, a right of encumbrance, a right of superficies);
- certain contractual rights concerning the real property (prohibition on disposal with the real property (under certain conditions); lease/rent rights regarding the real property; contractual pre-emption right or the right of (re)purchase; special rights to use a public good; certain other rights as prescribed under the laws);
- the holder(s) of each particular right;
- certain legal facts related to real property and holders of such rights (i.e. the commencement of judicial proceedings concerning the holder of rights (notes of civil status and notes of bankruptcy proceedings); priority notice/note; the early recall of a claim secured by a mortgage (note of early recall of a claim); the filing of a mortgage action (note of a mortgage action); note of a legal dispute; an enforcement order against the real property (note of enforcement); note on prohibition of the disposal of ownership or an encumbrance of real property; note of an extraordinary legal remedy; certain other legal facts may also be entered into the land register if the conditions set forth under the law are met);
The registered persons accessing the Slovenian land register have access to the excerpt from the land register for particular real property (which may generally be relied upon; official extract which can be effectively used shall be notarized by the Slovenian notary public). Current as well as historic excerpts are available. Furthermore, the following excerpts and information are (among others) available in the land register: regular excerpts regarding the registered encumbrance(s) and legal facts; combined extract for the land and (part of the) building from the land register and cadaster; list of unresolved notes related to the real property (that is the list of applications related to the real property regarding which the decision on entry/deletion was not yet adopted by the court); details regarding the unresolved notes/applications.
Information about the real properties is also available at the geodetic data registers and information databases of the Surveying and Mapping Authority of the Republic of Slovenia (zbirke prostorskih podatkov Geodetske uprave Republike Slovenije) ; those are available online at https://www.e-prostor.gov.si/ which also has an English version (however, application for public view of real properties’ details is only available in Slovenian language). Access to the online data is free of charge. Certain registers may only be accessed by registered or professional users. Search options of the Surveying and Mapping Authority of the Republic of Slovenia, among others, enable the user to find the relevant ID numbers of the real property if for example the address of the real property is known to the user. In the mentioned register one can also obtain further details regarding the real property (i.e. the area/measurement of the real property, buildings on the real property, manner of use of the property, restrictions on use, infrastructure on the property..).
Additional information regarding the real property can be found in the location information issued for particular real property. Such document is issued upon request by the competent municipality and includes information regarding the pre-emptive right of the municipality and/or state on the real property and details regarding the purpose(s) of use, zoning status and restrictions, legal regime(s) applicable to the real property (protected areas – infrastructure, potential flooding areas etc); spatial implementation conditions and envisaged changes to planning documents. It also includes (carto)graphic part of the zoning act. An administrative fee amounting to cca EUR 35 is payable with respect to the issuance of the location information. The document must be obtained prior to the transaction regarding the real property (it is a precondition that the notary notarizes the signature(s) on the sales agreement/the land register permit).
There are also some other registers where information regarding the real properties may be found. For example: In the Register of issued Energy Performance Certificates (maintained by the Ministry of Environment, Climate and Energy) information on whether the energy performance certificate for a particular real property has been issued can be found (issue date, issuing expert, data on certificate). If the real property is subject to sale or lease, it must have an energy performance certificate (subject to certain exemptions). In the Register of issued energy permits information and details regarding issued energy permits can be found. Information regarding the issued environmental permits can be found in the Register of Operators and environmental permits issued; there is also a Register on issued water permits etc.