Fizična delitev stavbnih zemljišč, stavb in gozdnih zemljišč v sodnem postopku - pravne ovire

slovenian

2025

volume 51, issue 1

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The article focuses on the impact of construction legislation on the process of judicial division of building land and buildings, and thus on the question of the legal admissibility of their division in individual cases. In practice, it has been proven that if, during the court proceedings for the division of the building on the real estate, only the substantive legal provisions of the Law of Property Code and the procedural legal provisions of the Non-Contentious Civil Procedure Act are taken into consideration, this may result in non-conforming use of the object that is the subject of division. The aforementioned brings many complications in the further procedures for dealing with matters related to the building before the administrative authorities, and this building may also be subject to sanctions as part of the inspection procedure. The division of a building that does not comply with construction legislation affects the value of the building, or the value of its newly created parts in court proceedings, and thus the calculation of the amount of payments due between the co-owners. It also brings the risk of asserting legal errors and reducing the purchase price in the event of further sale of the building or its newly created parts in court proceedings. In addition to the aforementioned problem, the article also discusses the division of forest land.

08.12.2025