ELRA Working Group - International Law- Handbook Legal restrictions

Handbook "Legal restrictions"2 Members of the ELRA Working Group International Law (incl. European Community Law)  All ELRA Member Associations have been invited to join the group; the proposal was: each member associations should send a representative into the Working Group (some kind of job- sharing)  Since Madrid, May 2010, nearly every Member Association is represented in the ELRA Working Group „International Law“  Enlargement of the Working Group (delegates from Belgium, Estonia, Germany, Netherlands, Portugal, Scotland, Spain)  Experiences in creating ELRA Handbooks about Real estate in case of succession and Aspects of Debt Enforcement Procedures and Foreclosure in European Land Registry Matters, First Edition released in May 2010, Madrid  We still want you to join the Working Group! YES!

Handbook "Legal restrictions"3 Handbook-project of the WG International Law: „Legal restrictions““ Purpose of this Handbook: what is necessary in order for registration, besides the deed/contract? Scope of the Handbook: only property transfer and property registration What additional steps must be taken for registration? Context of the relevant national law Some kind of road map about these further requirements and about the legal restrictions The Handbook will provide information about the different national land registry systems A checklist about legal restrictions

Handbook "Legal restrictions"4 Handbook-project of the WG International Law: „Legal restrictions““ Questionnaire (see next slices) The Questionnaire will be send to the Member Associations within the next weeks Deadline for answering: end of January, 2011 Presentation of the Handbook: next General Assembly

Handbook "Legal restrictions"5 Handbook-project of the WG International Law: „Legal restrictions““ Structure of the Questionnaire: A) Preface- the purpose of the ELRA Handbook B) Scope of the Handbook: real estate property transfer and property registration C) Legal restrictions in the field of real estate property transfer and property registration D) The philosophy of legal restrictions (public interests…) E) Annex/ documentation

Handbook "Legal restrictions"6 Handbook-project of the WG International Law: „Legal restrictions““ A) Preface- the purpose of the ELRA Handbook -moving to other European countries - buying real estate property abroad - legal restrictions are an integral part of negotiations with the European Union - creating an internal market- road map

Handbook "Legal restrictions"7 Handbook-project of the WG International Law: „Legal restrictions““ B) Scope of the Handbook - restricted to real estate property and property registration - apart from the deed: what else in needed for registration - what legal restrictions must be taken into account

Handbook "Legal restrictions"8 Handbook-project of the WG International Law: „Legal restrictions““ C) Legal restrictions I) Acquisition of immoveable property by foreign persons/ companies Question: are there any legal restrictions that affect a foreign citizen wishing to purchase a real estate property? Does nationality play a role at all? Are any permits required by a foreign citizen? Are these matters covered by the Land Registry Procedure? Please describe it!

Handbook "Legal restrictions"9 Handbook-project of the WG International Law: „Legal restrictions““ II) Acquisition of agricultural land: restrictions and limitations Question: are there any legal restrictions that affect a foreign citizen wishing to purchase agricultural land? Are any permits required by a foreign citizen? Are these matters covered by the Land Registry Procedure? If so, please describe the procedure and name the relevant authority that must grant approval. Are any permits required by a domestic citizen?

Handbook "Legal restrictions"10 Handbook-project of the WG International Law: „Legal restrictions““ III) Acquisition of flat property: legal restrictions Question: are there any legal restrictions, such as approval by other flat property owners or by the management company responsible for the real estate property? Are these matters covered by the Land Registry Procedure? If so, please describe the procedure.

Handbook "Legal restrictions"11 Handbook-project of the WG International Law: „Legal restrictions““ IV) Acquisition in special areas (coast, near military-related sites or in national parks, in the mountains etc.) Question: is a permit required for the acqusition of real estate property in such special areas? If so, please describe the procedure and name the relevant authority that must grant approval.

Handbook "Legal restrictions"12 Handbook-project of the WG International Law: „Legal restrictions““ V) Acquisition of immoveable property and listed monuments and memorials Question: is a special permit required for the acquisition of monuments or listed memorial buildings? If yes, please name the relevant authority that must grant approval. Is this part of the Land Registry Procedure?

Handbook "Legal restrictions"13 Handbook-project of the WG International Law: „Legal restrictions““ VI) Planning Code and legal restrictions Question: does your municipalities or the government have a special pre-emption right to property? Does land division require a special permit? If yes, please name the relevant authority that must grant approval. Are these matters covered by the Land Registry Procedure?

Handbook "Legal restrictions"14 Handbook-project of the WG International Law: „Legal restrictions““ VII) Land given by the municipality to domestic inhabitants: legal restrictions? Question: does your national law have a so-called „local residents model“, the allocation of land by municipality under the conditions that the buyer is obliged to keep the land and not to move away for a specific number of years? Any legal restrictions for the purchaser?

Handbook "Legal restrictions"15 Handbook-project of the WG International Law: „Legal restrictions““ VIII) Acquisition of immoveable property and tax affairs Question: must the transfer tax be paid before or after the registration? Can the Land Registry office carry out the property registration without a certification from the tax office?

Handbook "Legal restrictions"16 Handbook-project of the WG International Law: „Legal restrictions““ IX) Destination of the land parcel and legal restrictions Question: does your national law have special legal restrictions that are already apparent from the description of the land parcel?

Handbook "Legal restrictions"17 Handbook-project of the WG International Law: „Legal restrictions““ X) Any other legal, very specific legal restriction? Question: does your national law have other, very specific legal restrictions that the Land Registry must observe? If yes, please describe them and their impact on the Land Registry Procedure.

Handbook "Legal restrictions"18 Handbook-project of the WG International Law: „Legal restrictions““ D) The philosophy of legal restrictions (public interests etc.) You may make general remarks here about the philosophy of legal restrictions in Land Registry Procedures, for instance underlying public interests etc.

Handbook "Legal restrictions"19 Handbook-project of the WG International Law: „Legal restrictions““ E) Annex/ documentation The appropriate national legislation texts or other documents may be attached here.

Handbook "Legal restrictions"20 Handbook-project of the WG International Law: „Legal restrictions““ Thank you for supporting the ELRA Working Group International Law!