Property Registration in Serbia: Steps, Documentation, and Tips

Construction Guide Serbia 2024 STATT Legal and Tax Services Serbia (8)

Registering Property Ownership in the Cadastre: A Step-by-Step Guide

Registering property ownership in the cadastre is a critical legal process in Serbia that can often be complex and time-consuming. To ensure a smooth and successful registration, it is important to understand the necessary steps and prepare the appropriate documentation. This guide outlines the key procedures and requirements for registering property ownership in Serbia, providing a clear roadmap to help you navigate the process efficiently.

Step 1: Determine the Competent Cadastre Service for Registration

First, identify which cadastre service is responsible for your municipality. The service in charge will be the one that covers the area where your property is located. You can find a list of all cadastre services with contact details on the Republic Geodetic Authority (RGA) website at http://www.rgz.gov.rs.

Step 2: Verify the Legal Status of the Property in the Cadastre

Next, check the current legal status of your property in the cadastre. The possibilities and methods for registering property rights depend on this status. You can verify it by issuing a property list or directly inspecting the RGA records. RGA officials can also provide oral information and explanations.

Step 3: Prepare the Necessary Documentation

Once you have verified the legal status of the property, you must prepare the appropriate documentation. Here are some common scenarios:

a) Registering Ownership Based on a Sales Contract (Seller Registered as Property Owner)

You will need:

  • The sales contract, with signatures of both parties certified by the competent authority. Provide either the original or a certified copy.
  • Explicit consent from the seller, allowing the buyer to register ownership rights (clausula intabulandi). If not included in the contract, a separate written statement with the seller’s certified signature is required.
  • A copy of the buyer’s ID card.
  • If the buyer is a legal entity, include an excerpt from the Serbian Business Registers Agency, either in the original or a certified copy.

b) Registering Ownership Based on a Sales Contract (Seller Not Registered as Property Owner)

If the seller is not the registered property owner, you must provide:

  • The documents listed above in section (a).
  • Additional documents proving the seller’s rights from the registered holder. This proves an unbroken chain of ownership (legal continuity).

For properties that have had multiple ownership transfers but are still registered to the original owner, the last acquirer must provide documents for all these transfers.

c) Registering Ownership of Buildings or Parts of Buildings (Apartment, Business Space, Garage)

If the building is registered without construction and usage permits, provide:

  • Construction and usage permits, either in the original or a certified copy.
  • Documents proving the investor’s right to the land, if the land is not registered to the investor.

If the building is not registered, you will also need:

  • A geodetic works report from an authorized geodetic organization.
  • Proof that the builder acquired ownership, co-ownership, or joint ownership of the parcel.

d) Converting Usage Rights to Ownership Rights on Construction Land

Prepare the following:

  • A decision from the local authority defining the right to convert usage rights to ownership rights and the amount of compensation.
  • A contract regulating mutual relations regarding the payment of compensation.

e) Registering a Mortgage

To register a mortgage, provide one of the following:

  • A mortgage contract with certified signatures, either in the original or a certified copy. The contract must include explicit consent from the owner allowing the creditor to register a mortgage.
  • A pledge statement from the property owner, certified in court.
  • A court decision accepting the parties’ agreement to establish a mortgage.

If the property is under construction, include the construction permit with a final clause indicating when the decision became final.

f) Deleting a Mortgage

To delete a mortgage, submit a written statement from the creditor agreeing to the deletion, either in the original or a certified copy. If the claim has not been settled, the creditor’s signature must be certified in court.

Step 4: Pay the Required Fees

Pay the republic administrative fee for the request and the appropriate fee for the RGA’s services. Attach the original payment slips or other proof of payment to your documentation.

Step 5: Draft the Registration Application

Your application must include:

  • The name of the competent RGA service.
  • Details about the subject of the application.
  • Information about the applicant, including name, JMBG, or MB, and address.
  • The applicant’s signature or the signature of an authorized person.

Examples of application forms are available on the RGA’s website at http://www.rgz.gov.rs. If a representative or proxy submits the application, include proof of representation or power of attorney.

Step 6: Submit the Registration Application and Documentation to the Competent RGA Service

You can submit your registration application and accompanying documents to the competent RGA service in person or electronically through the RGA’s online service. For more details, visit the RGA website.

Conclusion

Successfully registering property ownership in the cadastre requires careful attention to detail and compliance with legal procedures. By following these steps and preparing the necessary documentation, you can streamline the registration process. Whether dealing with property purchases, mortgages, or conversions, this guide provides the essential information you need for a smooth and legally compliant property registration.

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