Right of first refusal according to Section 3056 par. 1 of the New Civil Code (NCC) vs. a flat unit

NCC returns to the principle superficies solo credit, according to which the surface follows the land. It means that if the land-owner is the same as the building-owner, the building becomes a part of the land. If the title to the building is held by a different person than the land-owner, the building will not become a part of the land and will remain a separate piece of real estate..

To fulfil this principle, the NCC established in the temporary provision of Section 3056 par. 1, the mutual right of first refusal. The land-owner has got in the case of building sale which did not become a part of the land, the right of first refusal as concerns the land and the building-owner has got in the case of land sale the right of first refusal for this land.

With regard to the above described principle a question appeared if this temporary regulation applies to flat units which came into existence before December 31, 2013, i.e. the flat units established according to Act on Flat Ownership. The Expert Group of the Commission for the application of a new civil legislation at the Ministry of Justice published on March 3, 2014 an opinion containing answer to this question, that the provision of Section 3056 par. 1 will not apply to a flat unit established according to Act on Flat Ownership.

The opinions of this Expert Group have got only an advisory character in area of a new private law and cannot be understood as a law or a court decision.