Building and occupancy permits: differences and why they are important when buying real estate

A Common Misconception: Why “Clean Papers” Mean Nothing Without an Occupancy Permit

When evaluating an occupancy permit, it is essential to understand the key differences.
You’ve found the perfect property. The seller shows you a building permit and assures you that everything is in order. Yet, at that very moment, many buyers make the most expensive mistake of their lives — they believe that a building permit is proof that the property is legal and ready for occupancy.

This misconception can cost thousands, sometimes even tens of thousands of euros.

In practice, a building permit means only one thing: someone has been granted permission to begin construction.
It says nothing about whether the construction was ever completed according to the approved design, whether safety standards were followed, or whether the building passed the mandatory inspections.
It is like buying a car with confirmation that it was ordered from the factory — without any guarantee that it was ever assembled.

An occupancy permit is what makes a property legally usable. As construction experts often emphasize, it is the birth certificate of a completed buiding — a document confirming that the property complies with the approved project and is safe for living.
Without it, the legal status of the property remains questionable, regardless of all other documentation.

The trap of new developments and unfinished houses is particularly deceptive.
Sellers often present properties with a building permit as sufficient proof, while buyers accept this without realizing that the final technical inspection was never conducted.
Buying a property without a valid occupancy permit is not a minor administrative issue — it is a high-risk gamble with potentially very costly consequences.
To understand why, it is essential to first clarify the key difference between these two permits.

Building vs. Occupancy Permit: Key Differences You Must Know

Many buyers perceive these two permits as the same thing — simply different steps within the same process. In reality, they are documents that confirm entirely different matters, and that distinction can cost both money and peace of mind.

Building Permit: The Green Light to Start Construction

A building permit is an approval granted to the investor before the first nail is driven.
It confirms that the project documentation complies with spatial plans, technical regulations, and legal requirements. In short — the project is valid on paper, and construction may begin.

However, the key point is this: a building permit does not confirm that the building was actually constructed according to that project. It is merely the starting point.

Occupancy Permit: Proof That the Building Is Completed and Safe

While a building permit opens the construction site, an occupancy permit closes it.
An occupancy permit is an official confirmation that the constructed building complies with the approved project documentation and meets all required conditions for safe use.
An occupancy permit is not a formality — it is proof that you can enter the property, live in it, and be safe.

Technical Inspection: The Bridge Between the Two Permits

Between obtaining a building permit and an occupancy permit lies the technical inspection.

This is a process in which an authorized commission physically inspects the completed building and verifies:

• Whether construction was carried out in accordance with the project
• Whether fire protection, seismic resistance, and structural safety standards have been met
• Whether electrical, water, and sewage installations have been properly executed

Without a positive technical inspection — there is no occupancy permit.

The Asymmetry That Confuses Buyers

There is an important asymmetry that is rarely discussed: you cannot have a valid occupancy permit without a prior building permit, but you can absolutely have a building permit without an occupancy permit.
And it is precisely in this space — between permission to build and permission to use — that the greatest risk for buyers lies.
This legal “grey area” becomes especially relevant when it comes to property financing, which we will explain in the next section.

Mortgage Loans and Occupancy Permits: Why Banks Do Not Negotiate

Once you understand the difference between a building permit and an occupancy permit, a logical question arises: why do banks care so much about that final document?
The answer is simple — for a bank, a property without an occupancy permit is not a home. It is a risky asset whose legal status may be challenged at any time.

Property as Collateral: The Bank’s Perspective

When approving a mortgage, a bank does not finance your dreams — it finances an asset that serves as collateral.
If the borrower stops repaying the loan, the bank must be able to sell that asset.

A property without an occupancy permit is not legally recognized as a fully valid residential unit, meaning its sale in enforcement proceedings would be extremely difficult, if not impossible.
Simply put, a bank will not invest money in an asset it cannot recover.

Certificate of Existing Condition as an Alternative

For older properties that never went through the standard procedure, a Certificate of Existing Condition may sometimes be accepted as an alternative — a document that legalizes the actual state of the building.
However, each bank has its own criteria, and this is not an automatic solution. Some institutions accept it, others do not. It is always necessary to check in advance with the specific bank.

What Changed After 2024?
The construction boom in Croatia, particularly in coastal cities and Zagreb, has led banks to adopt a more cautious approach.
An increasing number of newly built properties being offered on the market without complete documentation has prompted financial institutions to apply stricter checks on documentation with every mortgage application.

Cash Purchases Do Not Eliminate Risk

You might think that buying with cash removes this concern. In the short term — perhaps.
But the risks do not disappear; they are merely postponed. And that is precisely where the story continues.

Risks of Buying a Property Without an Occupancy Permit: Beyond Financing
Technically, the answer to whether you can buy a property without an occupancy permit is yes — but the real answer is: you can, but you will almost certainly regret it.
The inability to obtain a mortgage is only the tip of the iceberg. The risks run much deeper and can have consequences lasting years after you move in.

Utility Connections
One of the first practical issues buyers face is connecting to utilities.
Utility companies for water, electricity, and gas typically require an occupancy permit as a prerequisite for issuing a permanent connection. Without it, you may be forced to rely on temporary solutions — or have none at all.
Imagine buying a house, moving in, and then discovering you cannot obtain a standard contract with the electricity or water provider.

The Problem of “Illegal Square Meters”

An even more subtle risk is the issue of so-called illegal square meters.
If the property was built with deviations from the approved project — for example, if an additional floor was added or the layout expanded — those square meters legally do not exist.
You are paying for space that has no legal status, cannot be registered in land records, and cannot be legally sold.

Resale Becomes a Nightmare

A property without an occupancy permit is extremely difficult to sell in a regulated market.
Future buyers will face the same issue you did — the inability to secure financing. This significantly reduces the pool of potential buyers and, consequently, the market value of the property.

Inspections and Demolition Orders

In extreme cases, particularly where there are significant deviations from the project, construction authorities may impose heavy fines or even order the removal of parts of the building.
This is not theoretical — such cases are documented in Croatian practice.

Buyer’s Guide: How to Verify Permits Before Signing a Deposit

Given all the risks described — from mortgage rejection to forced demolition — the practical question arises: how can you verify a property’s status before signing anything?

Use the ISPU Portal

The Spatial Planning Information System (ISPU) is a publicly available online tool that allows anyone to access spatial plans, issued permits, and the status of specific properties.

Enter the cadastral parcel number or address and check whether valid documentation is recorded. The process takes only a few minutes and can save you years of legal trouble.

Check Land Registry Records

In the Land Registry, look for a note indicating whether the occupancy permit is attached to the title deed. If such a note does not exist, or the property is registered as “illegally constructed,” this is a clear red flag.
Access is available online or in person at the competent municipal court.
Ask the Agent and Seller Directly

Do not wait for information to come to you.

Ask directly:

• Is there a valid occupancy permit, and can I see it?
• When was it issued and for which property?
• Has the property been legalized or is it in the process of legalization?

Experienced agents will have immediate answers. Hesitation or avoidance speaks volumes.

Hire a Professional
A real estate lawyer is not an expense — it is an investment.
They will review the entire documentation, identify hidden legal risks, and protect you from contracts that may appear attractive but contain serious pitfalls.

Conclusion: Safety Has No Price

A building permit marks the beginning of the story — an occupancy permit marks its conclusion.
Without this final document, a property is technically not ready for habitation, no matter how attractive it may appear. An occupancy permit is not a bureaucratic formality; it is confirmation that the property is safe to live in.
Construction law clearly defines the rules, and buyers who ignore them expose themselves to risks far greater than any seemingly “good deal.”
If an offer looks too good to be true — it usually is.

Key Takeaways:

1. A building permit ≠ an occupancy permit
2. Without an occupancy permit, there is no legal occupancy or mortgage financing
3. Verifying documentation before signing a deposit is not optional — it is essential

Before signing any contract, consult an experienced legal professional or certified expert. One hour of professional advice can save you years of legal and financial problems.

Final Thought

In the end, what truly makes the difference between a secure purchase and a costly mistake is timely verification and professional guidance.
If you are considering buying a property and want complete certainty about its legal status, do not leave anything to chance.
Every property has its own story — but only a thorough review of documentation reveals whether that story is truly “clean.”

At Regent Real Estate, we assist buyers every day in making informed and secure decisions — from the initial document review to the final closing of the transaction.

Contact us with confidence and ensure that your next investment is safe, transparent, and free of unpleasant surprises.