Previously we have explained that the rule of initiating registration with the real estate cadaster is ex officio. As always, there is an exception.
As an exception to the rule is possible to initiate this procedure by a party by filing a request via e-counter (unless that is explicitly excluded by the law).
In the request, the party may ask for the decision upon submitted request, to be delivered via registered mail to the desired address or directly on the premises of the Office, in which case the party will receive the transcript of the decision issued in the electronic form. If it does not do so, the decision will be delivered to the party in the form of an electronic document, to the email address which the party specified in its request as its email address, bearing in mind that the request itself was submitted in the electronic form.
Right after the request has been received, the Office without delay starts the registration procedure, and the document based on which the property transfer on real estate is being affected, via e–counter, is forwards to the tax authority and the local authority competent for estimation, payment, and control of source revenues of the local authority, just as in the procedure ex officio.
Following the reception of the request for registration, the Office checks whether formal requirements for registration in the real estate cadaster are satisfied (competence of the Office; whether the request is filed by an authorized person; whether the request contains all the prescribed data, and similar.). That is the similarity with the procedure initiated ex officio.
The main difference between these two procedures, the one initiated ex officio and the one initiated by the party, is the deadline the office in which the Office has to decide upon the request.
The Office rules on the request for registration in 15 days as of the day it received the request. However, in the case of registration of mortgage, registration of the note of hypothecary sale, as well as in the simple administrative matters, this deadline is the same as in the procedure for registration initiated ex officio, and that is 5 working days as of the day of reception of the request.