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Post by Bron on Sept 13, 2008 11:37:08 GMT 1
Hello everyone. Thanks for all your support and information on this. My computer has been down for ages so I'm just back on line now. Just wondering if there any update and if there is any way to obtain categorisation with a residential usage permit? Our house has been closed for the summer; we are due to sign in the court soon that we won't rent out again until we have categorisation; only then we will be granted access to our own house! Is there any way this can be resolved or do we have to wait until Croatia gets accepted into the EU? Where will this leave us if we've signed the required sworn document in court.... will it automatically be invalid upon entry into the EU or will we be caught again in another loophole? Summer 2008 has been the season from hell for us!
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Post by polako on Sept 13, 2008 11:48:20 GMT 1
Bron- I think that you need to discuss these issues with a good Croatian lawyer as they probably would have done a lot of these type of hearings in the past and know the consequences of the signing a declaration in court.
I would also speak to an MEP or the FCO about what has happened to you if you are a Uk national as there is the bilateral investment agreement between Cro and UK and Croatia cannot act illegally under that agreement by discriminating between UK nationals who have invested in Croatia and Cro nationals and you need to know what will happen in Feb 2009 under the Stabilisation and Association Agreement.
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Post by Bron on Sept 13, 2008 16:28:41 GMT 1
Thanks Polako - that's very sound advice. I am concerned about just going blindly and signing this declaration only to regret it further down the line. Although I'm not sure what choice we have as we've been told if we don't sign, we won't be granted access to the property. I strongly believe if we'd had a better lawyer from the beginning we wouldn't be in this situation. We did discuss changing lawyers in the past but thought we would end up just be throwing good money after bad and that it wouldn't make any difference. I wish we had now. Can anyone recommend a good, proactive Croatian lawyer who could help us (and actually protect our interests for a change) and who has dealt with these type of hearings? The house is in Istria. My husband is a UK national but we've both lived outside of Europe for years and don't know any MEP's. Could the British embassay in Zagreb assist?
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Post by polako on Sept 14, 2008 17:10:44 GMT 1
Bron do not know of a good lawyer in Istria sorry.... have met a few lawyers in Istria and Bron, forget the Brit Embassy in Zagreb helping on this one. You need to download the bilateral property agreement for investments between Cro and UK- which is on the doo residency thread and the Stabilisation and Association agreement which is on the MOJ permission thread. I would read these documents before contacting an MEP or FCO and before asking them what they would do in your situation in light of the bilateral investment agreement. Then contact a good Cro lawyer and get more advice.
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Post by mirabelle on Sept 14, 2008 17:17:03 GMT 1
Bron, I've pm you.
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Post by Bron on Sept 15, 2008 17:16:23 GMT 1
Hi Polako - I've already emailed and posted letters earlier today to Brit Embassy & FCO before seeing your post Polako.....I hope this won't further complicate things, will it?
I understand totally what you mean about the lawyers in Istria!! This is a challenge and we desperately need one.
Thanks Mirabelle for the pm.
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Post by polako on Sept 15, 2008 17:44:33 GMT 1
Bron- have sent you PM.
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em
Junior Member
Posts: 13
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Post by em on Nov 9, 2008 16:26:56 GMT 1
Any more news on the categorisation issue? We are in the same position as Bron and would very much like to be able to rent out next summer. Do we still need to wait until February and what is the likelihood of a change in law?
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Post by upthevilla on Nov 9, 2008 16:49:34 GMT 1
There is still no new news, You can still legally rent on a long term contrcat let but still NO to tourist and short term rentals with the catergorisation. If your poperty is not built before 1968 or in a touristical zone or built for commercial use then its still a no no
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Post by upthevilla on Dec 5, 2008 12:46:16 GMT 1
To try and clarify a few things re, catergorisation and what the new laws will entail as their are several people writing in about this subject at the moment. At the end of 2007 and beginning of 2008 the law changed re categorisation, To briefly Summarise the change of law A Croatian citizen who owns the property private CAN apply and get categorisation for residential house or property A foreign citizen CANNOT and must apply via a Croatian company For A Croatian company to apply then the property MUST be a commercial building or in the commercial zone , or a touristical building. regardless of nationality, its a Croatian company. Therefor if your croatian company owns property that is classified as residential then you cannot get catergorisation, which is why everyone is waiting for the Feb 2009 law change. Now for the bad news We have today spoken with the head of the department of categorisation and she has informed us that although the new law will come into place in Feb 2009 the items that we are are concerned with i.e. * that a foreigner as a physical person can apply for categorisation without a company for a residentail building* will NOT be implemented or come into affect until AFTER Croatia enters into Europe. so yes the law will change but wil not come into affect until We are also advised that the law will still exist regarding the Croatian company applying for categorisation, i.e. it must still be a commercial or touristical building. So for those of you that are in this situation i can only advise that you contact your lawers, and instruct them to contact the local government and main government ministry of housing, /planning, town planning / offices and to see what are the possibilities of changing your property status to a business space . This information should be a lot easier for a lawyer to obtain as they should have access and familiarity to the relevant local government and main government offices. or you wait .
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Post by polako on Dec 5, 2008 14:58:04 GMT 1
Thanks upthevilla. I keep on looking at the Stabilisation and Association agreement. How do you know that the law regarding categorisation will not come into effect until when Cro joins the EU. Does the Stabilisation and Association Agreement say that?
I have not seen anywhere in the SAA where it mentions about categorisation. Which article are you looking at or is the woman looking at?
Thanks for all of this- this is really helpful.
But the bilateral property agreement between the UK and Cro is in force now and covers this situation for individuals who have invested in Cro- so it is a foreign commonwealth office issue not EU law, and not dependent on Cro joining the EU.
Eureka we have the answer!!!
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Post by upthevilla on Dec 5, 2008 15:32:00 GMT 1
(How do you know that the law regarding categorisation will not come into effect until when Cro joins the EU. )
We deal with the office on a regular basis, applying for categorisation for various clients and so we simple asked and she told us. = When Croatia enters Europe then and only then will the law be implemented until then it will be refused
I have a client now who has a villa in central istria built as residential and a company owner , we were enquiering on his behalf but its the same as most of the other cases here.
The other laws WILL come into affect, its just articles that cover categorisation that will not take affect,
As to your other questions i dont know . All i know is that the lady we deal with is the highest level we can get , and if she says no then its no, where its written , i dont know and under what article i dont know.
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Post by Ribaric on Dec 5, 2008 15:50:34 GMT 1
Possibly - on paper. In reality?
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Post by polako on Dec 5, 2008 15:52:02 GMT 1
We have to check the law fully on this one- Cro authorities do not always get the law right. In addition she needs to point to chapter and verse in the SAA- without any specific reference from her to the SAA, it could all be "their interpretation of the SAA before Cro joins the EU" rather than the real effect of the SAA.
UK nationals as individuals should in theory be able to rent out now in the same way that Cro individual nationals can under the bilateral agreement which has been in force since the 90s.
Oh the fun and games though of this detective work.......
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Post by polako on Dec 5, 2008 15:55:57 GMT 1
Possibly - on paper. In reality? Znam- this is the problem! But they can not act in breach of the agreement full stop! That is the line that should be taken. That means that someone like Bron should not be taken to court for something that they were in theory allowed to do! It is a big mess Rib!
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