If you’ve seen a note in the real estate cadastre (land registry) or in a legal document stating that “the first-instance decision is not final,” it’s completely normal to wonder what that actually means—and whether it’s a problem, especially if you’re buying or selling a property.
Let’s break it down simply, without legal jargon 👇
What is a first-instance decision? 🏛️
A first-instance decision is the initial decision issued by a competent authority, such as:
- the land registry,
- a court,
- a municipal or city authority,
- or another government body.
👉 It’s the first step in a legal process—but not the final one.
What does it mean that the decision is not final? ⏳
When a document states that a first-instance decision is not final, it means the following:
📌 There is a right to appeal or another legal remedy, and the procedure is still ongoing.
In other words:
- someone can file an appeal against the decision,
- the competent second-instance authority may:
- confirm the decision,
- amend it,
- or overturn it and return the case for reconsideration.
⚠️ Until this process is completed, the decision does not carry full legal force.
Why is this notation entered in the land registry? 🧾
The notation serves as a warning to anyone with an interest in the property.
💬 “Attention — the legal status has not been fully resolved yet.”
By doing this, the land registry protects:
- potential buyers,
- banks (in mortgage lending),
- investors,
- and even the property owner.
What types of decisions does this refer to in practice? 🤔
Now let’s take it a step further and look at real-life examples of decisions that commonly trigger a notation stating that a first-instance decision is not final.
People often ask:
“Okay, but which decision exactly? What’s actually pending?”
Let’s break it down 👇
1️⃣ Registration of ownership rights – The most common example 🏠
Real-life scenario:
You buy an apartment, sign the contract, and the seller submits a request to register your ownership in the land registry.
- The registry issues a first-instance decision:
✔️ ownership registration approved - But… the appeal deadline is still open (e.g., 15 days)
📌 The property record shows:
“Notation: first-instance decision is not final.”
What does this mean for you?
- Someone (e.g., a former co-owner, heir, or creditor) may file an appeal.
- Until the deadline expires or an appeal is resolved, the registration is not fully secure.
📌 Pull quote:
“Ownership is registered, but it can still be challenged.”
2️⃣ Legalization / Formalization of an unpermitted building 🧱
Very common with houses and vacation properties.
Example:
- The owner applies to legalize a building constructed without a permit.
- The competent authority issues a first-instance legalization decision.
However:
- A neighbor files an appeal (e.g., due to setback or distance issues), or
- the appeal deadline has not yet expired.
📌 The land registry notes that the decision is not final.
Consequences:
- The building formally exists, but:
- it cannot be safely sold,
- a bank will almost certainly deny financing,
- there is a risk the decision could be revoked.
📌 Pull quote:
“A legalization decision that isn’t final is like a house on hold.”
3️⃣ Court judgment on ownership or property division 🧑⚖️
Real-life example:
A brother and sister are disputing ownership of an inherited house.
- The court issues a first-instance judgment:
- e.g., the house is awarded to the brother
- The sister files an appeal.
📌 The land registry automatically records:
“First-instance court decision is not final.”
What does this mean?
- Ownership may still change.
- A buyer entering the deal at this stage is purchasing a property with active legal risk.
⚠️ This is one of the most dangerous scenarios in real estate transactions.
4️⃣ Probate / Inheritance decision 👨👩👧
Concrete example:
- The court issues a first-instance inheritance decision.
- One heir:
- was not present, or
- believes they were unfairly treated
➡️ and files an appeal.
📌 The land registry states:
“First-instance inheritance decision is not final.”
Why is this important?
- The list of heirs may change.
- Ownership shares may be altered.
- Buying before the decision becomes final = high risk.
📌 Pull quote:
“Until inheritance is final, ownership remains an open question.”
5️⃣ Registration or removal of a mortgage 🏦
Example:
- A bank requests registration of a mortgage.
- The land registry issues a first-instance decision.
- The owner files an appeal (e.g., due to a procedural error).
📌 A notation appears stating the decision is not final.
In practice:
- It’s unclear whether the mortgage will remain or be removed.
- Buyers or new lenders cannot determine the true status of encumbrances.
6️⃣ Correction of errors in the land registry ✏️
A seemingly harmless but common situation:
- The land area is recorded incorrectly.
- A correction procedure is initiated.
- A first-instance decision is issued.
But:
- Another owner or a neighbor files an appeal.
📌 Result:
- The surface area, boundaries, or usage rights are not yet final.
How can you tell what exactly is not final? 🔍
Always check:
- what the decision relates to (ownership, building status, mortgage, inheritance, etc.),
- who the parties to the proceeding are,
- whether an appeal has been filed or the deadline is still pending.
👉 This can be determined from:
- the decision itself,
- supporting documentation,
- or through professional review.
How can you protect yourself? 🛡️
If you encounter this notation, never ignore it.
✔️ Verify:
- what type of procedure is involved,
- who has the right to appeal,
- which stage the process is in.
✔️ Request:
- full documentation,
- a legal explanation,
- a realistic risk assessment.
📌 Pull quote:
“A land registry notation is not a formality—it’s a warning sign.”
Conclusion 🧠
A notation stating that a first-instance decision is not final means:
- the procedure is still ongoing,
- the decision may change,
- the legal status of the property is not fully settled.
👉 In real estate transactions, this information can directly affect:
- purchase security,
- mortgage approval,
- future legal relationships.
Why is professional help crucial? 🤝
An experienced real estate agent or attorney:
- recognizes risky notations,
- explains their consequences,
- saves you time and money,
- and helps you make an informed and secure decision.
If you’re unsure what a notation means—that’s already a sign you shouldn’t go through the process alone 😊
