New Law on Legalization of Illegal Buildings in Serbia: Key Information

The Republic of Serbia has recently opened the procedure for registering approximately 4.8 million illegal buildings under the Bill on Special Conditions for Recording, Registration of Rights to Real Estate. The process has been significantly simplified – citizens have two months to submit a request with minimal documentation. Applications can be submitted in three ways: via an online platform, at all municipalities, or at over 580 “Pošta Srbije” locations.

To submit a request, you need a valid ID card or passport, proof of ownership (contract, gift deed, inheritance decision, or court ruling), the cadastral parcel number (available on the “Geosrbija” website with satellite images), and details about the building: type/purpose, area, number of floors, and photos. A statement of criminal and material liability for the accuracy of the data is also required. Requests can even be submitted for buildings on someone else’s land.

A special case involves older buildings with bankrupt or dissolved investors. If the building is already in the cadastre, apartment owners apply individually. If not, the building management (or any owner if none exists) submits the application with a geodetic works report/sketch (building purpose, separate units, and areas). After the building is registered, owners of separate units can register them with a minimal fee; if the investor is unavailable, unpaid contributions are noted.

Key Advantages and Limitations

Compared to previous laws, no technical documentation is needed. Legalized property can be notarized, sold, or used as collateral for a loan. Buildings on planned public areas or protected zones will be removed or taken over by the state. If additional documentation is required, an SMS notification is sent; successful applications are also confirmed via SMS.

Costs and Tax Obligations

Costs depend on location and property type, the minimum fixed price in inland Serbia is €100, averaging €100-500 for most buildings. For commercial properties, a contribution for arranging construction land is paid after notification from the Agency (via email, phone, or address), in dinars at the NBS exchange rate. Tax obligations (including property tax from the date of acquisition/use) can be assessed up to five years retroactively – this is not a new tax, but a pre-existing one.

Deadlines and Procedure

The application deadline starts 45 days after the law enters into force. The Spatial Planning and Urbanism Agency checks data against records and decides within 60 days (plus 30 days for objections). A positive outcome leads to a certificate and priority registration at the Republic Geodetic Institute. Late submissions are possible within one year with proof of delay. Negative outcomes notify applicants without delay.

The new law enables quick legalization of apartments, houses, buildings, and other structures, resolving long-standing issues.

IVVK Take

The legal solution appears logical, easily implementable, and acceptable. We’ll see whether it can be effectively executed in practice, or if this attempt will be the last in a series of previous failures over decades that failed to resolve one of the greatest ailments of our legal system and society at large. Objects meeting the conditions should enter legal channels and systems that will provide citizens with security in their capital and its liquidity—reminding us that illegal buildings are res extra commercium, i.e., they cannot be the subject of sale or purchase.

About IVVK Lawyers

IVVK Lawyers, based in Belgrade, Serbia, is a complete-service legal practice with more than 20 seasoned attorneys committed to delivering top-tier legal support throughout Southeast Europe (SEE). Our extensive regional presence provides clients with thorough assistance and profound local expertise, wherever their operations expand.

We specialize in diverse legal fields, emphasizing Corporate law, Mergers & Acquisitions (M&A), Property, Energy, Infrastructure, and Labor regulations. Our drive for superior quality and client success fuels customized strategies that tackle each client’s distinct requirements and obstacles.

At IVVK Lawyers, we excel through our forward-thinking mindset, specialized sector understanding, and steadfast commitment to fostering enduring client partnerships. From global enterprises to emerging domestic firms, our experts are equipped to handle your legal matters with reliability and expertise.

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