The Key Changes Introduced by the New Real Estate Brokerage Act
On 7 July 2026, the new Real Estate Brokerage Act (hereinafter: the “Act”) entered into force. The purpose of the Act is to enhance legal certainty, strengthen consumer protection, and promote greater transparency and order in the real estate market.
Whether you are buying, selling, or leasing real estate, or working professionally as a real estate broker, the changes introduced by this Act affect you.
The new Act now defines much more precisely who may charge a brokerage commission, under which circumstances, and at what stage of the transaction. In doing so, it further strengthens the rights of all participants in the real estate market.
Among the most significant changes are clear rules on the so-called “double commission”, the prohibition of making a property viewing conditional upon the conclusion of a brokerage agreement, as well as other statutory provisions.
Pursuant to Article 29 of the Act, a real estate broker may charge a commission only to the person with whom the broker has concluded a brokerage agreement. At the same time, Article 23 expressly prohibits real estate agencies from requiring prospective buyers to sign a brokerage agreement as a condition for viewing a property.
It is important to distinguish between a brokerage agreement—which a prospective buyer wishing only to view a property is under no obligation to sign—and a property viewing confirmation. The viewing confirmation serves solely as evidence that the broker has shown the property to the prospective buyer. It must not contain any provision obliging the prospective buyer to pay a brokerage commission.
The previously common practice of charging a commission to both the buyer and the seller, even where only one party engaged the broker, is now clearly regulated by law and limited to specifically prescribed situations.
To ensure compliance with these legal requirements, the State Inspectorate will carry out regular as well as enhanced inspections.
Furthermore, the Act provides that real estate brokerage services may be performed only by persons who meet the statutory requirements. Information on registered real estate brokers is available to the public through the official Register of the Croatian Chamber of Economy.
These legislative changes provide greater transparency and legal certainty. Nevertheless, practical application may still give rise to legal questions. Before signing any document, make sure that your legal interests are properly protected.
Feel free to contact us—we will be pleased to advise you and provide professional legal assistance.