Tenants are often interested in establishing a pre-emptive right to real estate if the landlord wishes to sell it in the future.
Can a pre-emptive right be arranged not only in an alienation contract but also, for example, in a lease agreement under the Civil Code? A contractual pre-emptive right is included in the Civil Code among other covenants of a purchase agreement. However, the law states directly that a pre-emptive right may not only be arranged in connection with a sale but also in the case of other alienation (especially barter agreements or deeds of gift). The law also states that a pre-emptive right can be arranged as a right in rem with effect against a buyer’s successors. In this case the agreement must be in writing and the pre-emptive right is acquired on registration in the Cadaster. Current Slovak case law is ambiguous with regard to establishing a pre-emptive right in rem under types of contract other than an alienation contract. The Supreme Court of the Slovak Republic ruled that a pre-emptive right can also be arranged in individual agreements, whereas it does not have to be the subject matter of an alienation contract. Most provisions on contractual pre-emptive right in the Civil Code appear not to be mandatory. The Cadaster has to accept an explicitly arranged pre-emptive right to real estate: this binds the successors of the party that agreed to be bound.
Contact person in Bratislava
JUDr. Margareta Sovova
Phone: +421 2 578880088