Co-owner's consent to rent

Consent of Co-Owners for Apartment Rental in a Building

For apartment rentals in buildings starting from January 1, 2025, obtaining a Decision on Categorization (Decision on Providing Hospitality Services in Households) for apartments requires the submission of co-owners' consent for short-term rentals in accordance with the provisions of the Law on Building Management and Maintenance NN 152/2024.

Below are detailed instructions and a sample consent form:

1. Consent Can Be Given to the Apartment Owner or Any Third Party Intending to Use the Apartment for Short-Term Rentals

Explanation: The apartment owner is responsible for ensuring that their apartment is not used for short-term rentals without the required consent if it is rented to third parties. Violations may incur fines ranging from €1,000 to €5,500 for individuals and €2,000 to €10,000 for legal entities.

2. Written Consent from Two-Thirds (66.66%) of Co-Owners is Required

Explanation: According to the law, all co-owners who themselves use their apartments for short-term rentals are considered to have given their consent and cannot legally refuse it. Even if they do refuse, the law assumes their consent. This consent is binding for all future owners of the apartments in case of inheritance or sale.

3. Consent is Mandatory from Co-Owners Whose Walls, Floors, or Ceilings Border the Apartment in Question

Explanation: Even if more than two-thirds of signatures are collected, the apartment cannot be rented unless the co-owners sharing a common wall, floor, or ceiling with the apartment grant their consent. This does not apply to owners of neighboring buildings or entrances whose walls are adjacent to your apartment.

4. Consent Must Be Granted for a Minimum Period of Five (5) Years

5. Consent Can Be Revoked Before the End of the Period

Explanation: Consent can only be revoked if house rules and the rights of other co-owners are violated on three or more occasions within two years. The decision to revoke consent must be made by a majority vote (more than 50%) of the co-owners. Individual revocation of consent is not permitted.

6. Co-Owners Already Renting or Holding a Categorization Decision Must Obtain Consent Within Five Years (by January 1, 2030)

Example of Consent Form - Suglasnosti suvlasnika zgrade - Primjer.docx

Co-Owners' Consent for Renting a Shared Apartment or Vacation Home

In cases where the apartment or vacation home is co-owned by multiple individuals (e.g., spouses, parents and children, siblings, or unrelated persons), consent from all co-owners (100%) is required.

Consent must be provided in writing with notarized signatures or verbally recorded before the competent authority issuing the Decision on Categorization.

It is not possible to obtain a Decision on Categorization without the consent of all other co-owners, even in cases involving spouses or parents and children.

Example of Consent Form - Suglasnost suvlasnika - Primjer.docx

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