Conditions for the purchase and sale of immovable property

In principle, any individual, regardless of nationality, is eligible to purchase and sell immovable property. Likewise, legal entities, regardless of the law under which they have been established or where they are domiciled, may acquire immovable property.

Individuals who do not have full legal capacity (children or those with restricted legal capacity) are an exception of sorts because they require a court’s approval to dispose of immovable property. However, legal capacity is generally assessed according to the laws of the state in which such a person habitually resides.

An owner of immovable property must not be forbidden from transferring or encumbering it, whether of their own accord or involuntarily. A ban on transferring immovable property is often negotiated as a right in rem, e.g. when the purchase of immovable property is financed with a mortgage. It is also one of the ways of manifesting an inhibitorium, which affects debtors against whom a decision is enforced. It is usually possible to determine the existence of these restrictions by examining the property register.