Pursuant to Article 68 of the Constitution of the Republic of Slovenia, foreign nationals (aliens) may acquire the title to real property under the terms and conditions stipulated by law or a treaty i.e. international agreement ratified by the National Assembly of the Republic of Slovenia.

Citizens of the European Union

Upon Slovenia’s accession to the European Union, Slovenia as a new Member State brought into force the legislative framework of the European Union (the acquis), including the founding treaties of the European Communities i.e. European Union.  

The Republic of Slovenia has not enacted any derogations or transitional periods with regard to the flow of capital in the area of real property. Therefore, as of the date of accession of the Republic of Slovenia to the European Union, citizens from the Member States of the European Union may acquire real property within the territory of the Republic of Slovenia on the grounds of all legal bases, on equal footing with citizens of the Republic of Slovenia.

United States citizens

Slovenia is a successor of the 1881 Treaty between the United States of America and Serbia signed on 2 October 1881, published in Srpske novine, No. 268/1882. The Treaty also governs the issue of acquiring real property and it contains the most favoured nation clause. Under the Treaty, the United States citizens enjoy the right of acquiring real property in Slovenia under the same terms and conditions as the citizens of the European Union. However, the Treaty is still pending ratification by the National Assembly. Until the Treaty has been ratified, i.e. until a new bilateral treatment is adopted, the situation concerning the United States citizens is not clear in the absence of legal practice, so whether the notary public being asked to certify the sales contract (deed) would consider the 1881 Treaty between the United States and Serbia as the effective legal basis or not, at this point remains an open issue.  

Therefore, we recommend to the United States citizens using the options being available to the nationals of all third countries and namely to establishing a company, to exercise the right of residence, and/or leasehold.

Citizens of other countries

Since Slovenia has no law governing the acquisition of the title to real property, and at present there is no treaty ratified by the National Assembly governing this particular area, acquiring real property by the citizens of third countries (other than EU Member States) may be cumbersome and consequently, foreign nationals cannot obtain the title to real property located within the territory of the Republic of Slovenia.  

We recommend to the citizens i.e. legal persons from those countries registering a company in the Republic of Slovenia. A company established by a foreign national will be a legal person of the Slovenian law; hence it will be entitled to acquiring real property without any restrictions. The share capital required for the incorporation of a public limited company (d.o.o.) is 7,500 euros. Furthermore, citizens of third countries may also acquire a real property on the basis of the right of leasehold (superficies or the right of a superficiarius). Such a right (leasehold) may be acquired for the period of up to 99 let.  

Such a lease or tenancy is not restricted or limited whatsoever.