The Serbian government adopted the Draft Law on Special Conditions for the Registration and Recording of Real Estate Rights on September 26. The law allows for the legalization of:
- Buildings with temporary construction permits issued before May 13, 2003.
- Buildings constructed without permits but completed by the law’s effective date.
- Residential buildings of category “A” and “B,” commercial buildings with expired usage permits, and various underground or aboveground installations.
Key provisions:
- Registration and legalization: Legalization does not guarantee safety or security of the building. Owners assume all risks and liability for potential damages.
- Scope: The law applies to buildings visible in satellite or other mapping data maintained by the Spatial Planning Agency and the Republic Geodetic Authority.
- Public property restrictions: Buildings on public land intended for public use, protected natural or cultural zones, UNESCO sites, water bodies, railway zones, sanitary protection zones, or areas marked for state expropriation will be registered in favor of the Republic of Serbia.
- Construction standards: Buildings are considered structurally complete even if interior installations or finishing works are incomplete, but incomplete auxiliary or temporary structures will be recorded without ownership rights.
- Digital platform: Registration is done through a digital platform managed by the Spatial Planning Agency, in cooperation with local authorities. Applications for each property must be submitted electronically, with documentation proving ownership or legal interest.
- Fees: Fees vary by zone and municipality size, ranging from €100 to €1,000 for residential buildings, with special rules for warehouses or auxiliary structures.
- Procedural principles: The law emphasizes public accessibility of data, legal certainty, priority in processing applications, protection of third-party rights, and safeguarding public interest.
- Deadline: Applications must be submitted within 60 days from 45 days after the law takes effect.
- Exclusions: Buildings constructed after the law’s effective date or without meeting the legalization criteria will be treated under the existing planning and construction law, and ownership rights will be recorded in favor of the Republic if requirements are not met.
The law replaces the previous Legalization Law, setting stricter rules for the registration and legalization of properties while providing a clear digital framework for processing applications.
