Contradictory description of an apartment in the land register and building permit

The so-called units, i. apartments, studios and other rooms in houses, which can appear as separate items of the property right, are entered into the land register on the basis of the so-called "owner's declaration". This declaration is written by the owner of the house himself and is not controlled by the building authority. Therefore, a contradiction between the declaration and the building permit may arise.

The Supreme Court has recently dealt with the question whether it is possible to transfer the ownership right to a unit which registration in the land register is contrary to the building permit. The answer is that this is possible. The Court has previously decided that a contradiction between the land register entry and the building approval (after the building has been finished) does not lead to nullity of the owner's declaration, which is why it is not the case when the building permit (at the beginning of the building process) is contradicted. The unit is thus transferable even on the basis of a wrong entry to the land register.