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Is an old house legal?

How to check an old house before buying or building anew: which documents count, what the 1968 rule means and how to compare the 1968 aerial image with today on the Geoportal yourself.

Guide · Updated

1. Which documents prove a house is legal

A house is in order on paper if there is a use act for it. The law lists them: an occupancy permit, a building permit or another act issued before 19 June 1991 with a confirmation from the building inspection, a legalisation decision (rješenje o izvedenom stanju) and a certificate that the building was built or recorded in the cadastre before 15 February 1968.

Before buying, ask the seller for these documents. The land register may also carry a note that the building or occupancy permit has not been submitted. That is a sign to look further.

Ask the seller for

  • The occupancy or building permit
  • The legalisation decision, if the house was legalised
  • A certificate that it was built before 15 February 1968
  • A land register extract

2. A house built before 15 February 1968 counts as legal

A building built before 15 February 1968 is deemed to have been built under a final building permit. This is proven by an occupancy permit for a building built before that date, which the building authority issues on request.

The authority establishes when the building was built from the state aerial survey taken before 15 February 1968 or another official map of the State Geodetic Administration. Aerial images from 1968 are public on the Geoportal, so you can see for yourself whether the house stood then.

The permit states the outer dimensions of the building, its position on the plot and the number of floors. Extensions added after 1968 are not covered by it.

4. Switch to the 1968 image

In the left menu open Osnovni slojevi (base layers), the diamond icon. Under Digitalne ortofoto karte (orthophoto maps) scroll down to 1968 and click it. The map switches to a black and white aerial image, while plot boundaries and today's building outlines stay on top.

Check whether a building stands where today's outline is and whether it is the same size.

Base layer menu with the available survey years
Figure 04.1 · Base layers: the 1968 image is the last of the orthophoto maps.
Black and white aerial image from 1968 with today's plot boundaries
Figure 04.2 · The same place in 1968. The buildings left of the fortress did not exist yet, their outlines come from today's cadastre.

5. Compare 1968 and today

The Preklapanje slojeva (layer swipe) tool in the left menu splits the map in two. Choose 1968 as the left layer and the latest image as the right one, then drag the line across the house.

If the house stood in 1968 but is larger today, the extension has to be dealt with separately. If it is not on the 1968 image, the 1968 rule does not apply to it.

Map split by a red line, 1968 on the left and today on the right
Figure 05 · Layer swipe: 1968 on the left, 2025 and 2026 on the right.

The image is a good first sign, but not official proof. The official proof is the occupancy permit for a building built before 15 February 1968.

6. What next, depending on what you found

If the house was built before 1968 and you are building a new one on the plot or rebuilding the old one, we obtain the occupancy permit for the old house as part of the design and include it in the design fee.

If the house has none of the documents from step one and was not built before 1968, check whether it is visible on the aerial survey of 21 June 2011. Since May 2026 such a house can be legalised again, with no deadline for the application. For a finished house the legalisation decision counts as a use act.

A house built after 21 June 2011 cannot be legalised. New building on the plot is then not approved while the old house stands: it has to be removed before construction or, where possible, after the new house is finished, with an obligation to remove it.

Built before 1968

Proof
Occupancy permit for a building built before 15 February 1968
With new building
We obtain the permit with the design, included in the fee
Extension
Dealt with separately, depending on the case

No documents, after 1968

Proof
Legalisation decision, if the house is visible on the aerial survey of 21 June 2011
What we do
The as built survey and the legalisation application through eDozvola
Built after 2011
Cannot be legalised, removed before construction or after the new house is finished

Common questions about an old house

Do I need to go to the cadastre office to see the 1968 image?

No. Aerial images from 1968 are public on the Geoportal of the State Geodetic Administration and you can view them yourself, also from abroad.

The house is hard to see on the image. What then?

The 1968 images are black and white and less sharp, and trees sometimes hide the roofs. The application for the permit includes whatever evidence you have, and the building authority may take further evidence if needed.

Source · Zakon o gradnji (Building Act), art. 145 ↗

The house was extended after 1968. Is all of it illegal?

The permit for a building built before 1968 covers the building as it was then, with the outer dimensions stated in it. The extension has to be dealt with separately, and how depends on the case.

I inherited an old house in Croatia. Can you help from a distance?

Yes. Send us the parcel number and the cadastral municipality, and we will tell you what the documents and the 1968 image show.

The legalisation deadline ended in 2018. Can the house still be legalised?

Yes. An amendment in force since 16 May 2026 removed the application deadline. The condition is that the house is visible on the aerial survey of 21 June 2011. The application is filed through eDozvola with all attachments.

Source · Zakon o postupanju s nezakonito izgrađenim zgradama (Act on illegally built buildings), NN 48/2026, art. 10 and 11 ↗

Got a plot and an idea?

Send us the cadastral parcel number and a few sentences about what you want to build. We will reply with the first steps and a quote, with no obligation.

We reply within one working day. You can also message us on WhatsApp and Viber.