LAWON SPECIAL CONDITIONS FOR THE RECORDING AND REGISTRATION OF RIGHTS TO REAL ESTATE ("Off. Herald of the RS", No. 91/2025) |
Article 1
This Law shall regulate the special conditions, manner, and procedure for the recording and registration of rights to real estate (a structure and the land beneath such structure), the fee for recording, the legal effects of the recording and registration of ownership right in the real estate register and the rights thereto, as well as other matters of relevance for the application of this Law.
Unless otherwise prescribed by this Law, the subject of the recording and registration of rights in the real estate register and the rights thereto shall be:
1) Structures, parts of structures, i.e. separate parts of structures constructed contrary to the law;
2) Structures, parts of structures, i.e. separate parts of structures constructed, i.e. works carried out on a structure, without obtained decision approving the execution of works (of repairing, reconstruction, adaptation, change of use, and the like);
3) Structures for which a temporary building permit was issued before 13 May 2003, as well as structures of asphalt plants and concrete factories used for performing municipal activities related to the maintenance of streets and roads in cities and other settlements, structures where toll stations are located, and temporary road facilities;
4) Structures constructed at a time when the issuance of a building permit was not prescribed, and for which ownership rights have not been registered in the real estate cadastre;
5) Residential structures of categories "A" and "B" and commercial structures for which a decision on building permit has been issued, but for which, until the date of entry into force of this Law, the statutory period for obtaining the occupancy permit has expired;
6) Underground and aboveground installations, i.e. linear infrastructure facilities, provided that they are subject to registration in the real estate cadastre i.e. the infrastructure cadastre;
7) Structures from the registry of determined changes to real estate that have not been registered in the real estate cadastre;
8) Structures registered in accordance with the provisions of the Law on Special Conditions for the Registration of Ownership Right to Structures Built Without a Building Permit ("Official Herald of the RS", Nos. 25/13 and 145/14) and
9) Land beneath a structure or a part of the land on cadastral parcel on which the structure has been built.
The provisions of this Law shall apply to the structures referred to in paragraph 1 of this Article that have been constructed on building land and are visible on satellite and other imagery produced for the territory of the Republic of Serbia and/or contained in the database maintained by the Republic of Serbia’s Agency for Spatial and Urban Planning (hereinafter referred to as: the Agency) and by the Republic Geodetic Authority (hereinafter referred to as: the Authority).
Notwithstanding paragraph 3 of this Article, the provisions of this Law shall also apply to structures constructed on agricultural or forest land, provided that they also meet other conditions prescribed by this Law and by the laws governing agricultural and forest land.
Structures built in the second protection zone of public property, structures that in their small fraction occupy a part of the surface area of the protective strip of a public road, structures built within the protection zone of high-voltage power lines, as well as structures built within the protection zone of military complexes, military facilities, military plants, and military storage sites, can be the subject of the registration of ownership right under the provisions of this Law, provided that the manager of the public property, i.e. the ministry competent for defense affairs, submits consent to the Agency for the registration of ownership right on the structure, unless otherwise prescribed by this Law.
Ownership right shall be registered on the structures referred to in paragraph 2 of this Article and on the land beneath the structure, following the carried out procedure, except in cases provided for by this Law.
For structures built on cadastral parcels in private ownership of the applicant, which, under the planning documents valid on the date of entry into force of this Law, are planned for development or construction of public-use structures or on planned public areas that are in mandatory public ownership but have not yet been brought to their planned use, the ownership right of the applicant shall be registered in accordance with this Law.
In the event of bringing of land to its planned use, the owner of the structure referred to in paragraph 7 of this Article shall not be entitled to compensation based on the market value of the structure, but shall be entitled solely to compensation corresponding to the construction value of the structure.
Notwithstanding paragraph 8 of this Article, the owner of a family residential structure or apartment who does not own any other residential real estate, shall be compensated with the market value of the structure.
In the case of the construction of a line infrastructure structure of special importance for the Republic of Serbia, the investor of such structure shall provide to the owner of a residential structure (a family residential building or a residential structure consisting of several apartments) built contrary to the law prior to entry into force of the planning act by which the land on which such structure is located is designated for public purposes, another appropriate residential structure or apartment or pay monetary compensation in the amount of funds needed for provision of another appropriate residential structure or apartment.
The provisions of this Law shall not apply to structures that, in terms of the law governing defense, are considered to be military complexes, military plants, military storage sites, i.e. military structures; to structures that, in terms of the law governing mining, are considered to be mining structures, plants, or devices; to structures constructed for the purposes of forestry and hunting within the meaning of the law governing forestry and hunting; as well as to structures built on building land for which the law governing planning and construction excludes the possibility of conversion of the right of use into the right of ownership.
Article 2
Structures built on land in public ownership that, under the planning document valid on the date of entry into force of this Law, is planned for development or construction of public-use structures in mandatory public ownership, or built on land in public ownership that constitutes an area of public use in mandatory public ownership, structures built in the first zone of protection of an asset of natural heritage and in the protection zone of an asset of cultural heritage of great importance and asset of cultural heritage of exceptional importance, in the second zone of protection of an asset of natural heritage built on land in public ownership, structures listed in the World Cultural Heritage List or built on the cultural asset itself, on a public water resource, within a railway corridor, in the immediate sanitary protection zone of a water source, as well as within the expropriation area of a state IA road (motorways) and of IM designation (expressways), shall be recorded, and ownership right thereon shall be registered in accordance with the provisions of this Law in favor of the Republic of Serbia.
Minor prefabricated structures, including container-type modular houses and mobile homes, air-supported halls, prefabricated car washes, canopies, terraces on public land outside the building footprint, gravel pits, as well as structures that are not structurally completed, shall be recorded in the registry of determined changes to structures not registered in the real estate cadastre in accordance with the law governing state surveying and cadastre; however, ownership rights shall not be registered on such structures under the provisions of this Law.
In accordance with the provisions of this Law, structures that are not structurally completed shall be considered to be those that do not have a constructed foundation, reinforced concrete or steel columns with beams, i.e. completed reinforced concrete ceiling, roof structure, i.e. depending on the category and purpose of the structure, do not have a completed roadway structure and road surfacing, and the like.
Notwithstanding paragraph 3 of this Article, structures of building design and construction shall be considered to be structurally completed even if works on the construction of internal installations and joinery have not been carried out, as well as the structures without the finished façade.
Article 3
The recording and registration of ownership right in accordance with the provisions of this Law shall constitute a matter of public interest for the Republic of Serbia, and all procedures prescribed by the provisions of this Law, as well as other procedures related to the application of the provisions of this Law, shall be considered urgent.
The application of this Law shall be based on the following principles:
1) Legality - the recording and registration of structures referred to in Article 1 of this Law shall be carried out exclusively under the conditions and in the manner prescribed by this Law;
2) Transparency and availability of data - all data from the daily updated necessary data relating to real estate and persons (hereinafter: the dataset for public disclosure) shall be public and available in electronic form;
3) Legal certainty - actual owners of structures shall be enabled to register ownership right based on a certificate issued by the Agency as a public enforceable document;
4) Priority in resolution - applications submitted by interested parties shall be processed with priority over real estate for which no application has been submitted in accordance with the provisions of this Law;
5) Protection of the rights of third parties and public interest - by recording and registration of ownership right on a structure the rights of third parties shall be protected, while the removal of structures built contrary to the public interest shall safeguard the interests of the State and all citizens;
6) Cost effectiveness and efficiency of the procedure - all procedures shall be conducted electronically and within time limits that allow prompt and efficient processing.
All state authorities and bodies of local self-government units, companies, as well as other bodies and institutions exercising public authority, shall issue, without delay, acts and data within their competence, free of charge.
Unless otherwise provided by this Law, the provisions of the laws governing the building of structures, state surveying and cadastre, procedure for registration in the real estate cadastre and infrastructure cadastre, and other special laws shall apply.
Article 4
The individual terms used in this Law shall have the following meanings:
1) The images contained in the database are images captured by remote sensing methods (satellite systems, unmanned aerial vehicles, aircraft, etc.), based on which the visibility of structures is determined;
2) A satellite image for the territory of the Republic of Serbia is one or more orthorectified images created for the territory of the Republic of Serbia, which are used for determining the visibility of structures and for other purposes;
3) A cadastral parcel established under this Law represents the land on which a structure referred to in Article 1, paragraph 1 of this Law has been built and does not have to meet the conditions prescribed by a planning document or the law governing planning and construction;
4) A digital platform is a unified software environment that enables the integrated collection, processing, exchange, and use of data and services from multiple sources for the purposes of implementing this Law;
5) A zone is a specific part of the territory of a local self-government unit (a spatial whole), for which the assembly of the local self-government unit has determined, by a decision, the amount of the levy for the development of building land;
6) A digital zoning plan is prepared by the local self-government unit and contains zones for which the land use and the amount of the levy for the development of building land are determined, created on the digital platform;
7) A family residential structure is a structure containing no more than two separate residential units, with a total net construction area of up to 400 m²;
8) A residential building is a building intended for residential purposes and used for that purpose, consisting of at least three apartments, in which the apartments subject to registration in accordance with this Law have been constructed;
9) A mixed-use development is a building intended for both residential and commercial purposes, that is, a building which consists of residential and commercial separate units;
10) An office building is a building intended for conducting business (commercial use) and may consist of one or more separate units;
11) Infrastructure structures are underground and above-ground structures, underground and above-ground installations, electronic communications networks and equipment, together with their associated devices and facilities;
12) Public-purpose structures or public areas are structures, i.e. areas that, under the provisions of special laws, are in mandatory public ownership (public road, public railway infrastructure, squares, etc.);
13) An underground structure is an independent structure, constructed entirely below ground, which is registered in the infrastructure cadastre;
14) A compensation for recording costs is a monetary fee determined in accordance with the provisions of this Law;
15) Authoritative data are official data produced and maintained by an authority, institution, or legal person with a statutory or formal mandate, and recognized as the sole reliable and reference source for a given domain (such as the data of the Geodetic-Cadastral Information System, the National Spatial Data Infrastructure, the Judicial Information System, data on real estate collected and processed by the Statistical Office of the Republic of Serbia, local tax administration, the PE "Post of Serbia", and others).
All expressions used in this Law in the masculine gender shall also be read and construed as in the feminine gender, and vice versa.
II RECORDING AND RECORDING FEE
1. Subject of Recording and Registration of Real Estate and Rights Thereon in the Register
Article 5
In the Cadastre of Real Estate and the Utility Cadastre, in addition to the registration of ownership right and other related rights in cases prescribed by this Law, a notation shall also be registered indicating that the ownership right to a structure, part of the structure, i.e. or a separate unit of the structure has been registered pursuant to this Law, as well as other notations, in accordance with the provisions of this Law.
The Republic of Serbia shall not guarantee the safety or security of the use of the structure, part of the structure, i.e. a separate unit of the structure registered in the register of real estate and rights thereon under the provisions of this Law.
The owner the structure, part of the structure, i.e. a separate unit of the structure registered in accordance with the provisions of this Law shall assume the risk associated with the use of the real estate subject to registration and shall bear liability for any loss caused to third parties.
2. Recording Method and Procedure
Article 6
The procedure for the recording of real estate shall be conducted through a digital platform.
The digital platform shall be established by the Agency on the information infrastructure of the Authority, with the technical support of the Authority, and the Agency shall make it available to local self-government units immediately upon the entry into force of this Law.
Local self-government units shall submit to the Agency the digital zoning plan, as well as demolition permits in electronic format, prepared in accordance with the Building Legalization Law (“Official Herald of the RS", Nos. 96/15, 83/18, 81/20 - CC, 1/23 - CC, and 62/23).
Local self-government units shall submit the zoning plan with the zones marked pursuant to paragraph 3 of this Article to the Agency in the form of closed polygons, with clearly indicated zone names, in standardized GIS formats (*.shp, GeoJson, gml, gpkg, etc.).
A local self-government unit shall, upon the request of the Agency, provide electronically all geodetic studies and other documentation in its possession that were submitted by applicants in previous procedures of legalization, i.e. ratification of structures.
A local self-government unit shall be liable for the legality and truthfulness of data and documentation it submits to the Agency.
The liabilities of the local self-government prescribed in this Article shall also apply to holders of public authorities.
Digital zoning plans cannot be altered after the publication of the dataset for public display.
Deviations in the data contained in digital zoning plans resulting from the applied digitization technologies shall not be considered an error within the meaning of the provisions of this Law.
Data obtained from holders of public authorities and other authoritative data shall be regularly updated and used in the work of the Agency.
The Authority, in cooperation with the Agency, shall prescribe the content and format of the digital platform and shall provide local self-government units with a platform for training, education, and certification of employees engaged in preparation of the digital zoning plan which is produced on the digital platform.
The City of Belgrade, the city municipalities of the City of Belgrade, as well as other local self-government units, shall conclude a business cooperation agreement with the Agency for the purpose of seconding employees to temporary work at the Agency.
The Government shall regulate in more detail the number of employees referred to in paragraph 12 of this Article.
Article 7
For the recording and registration of ownership right to the real estate referred to in Article 1 of this Law, interested parties shall submit an electronic application to the Agency through the digital platform, in accordance with the provisions of this Law.
The application referred to in paragraph 1 of this Article shall be submitted for a single piece of real estate, and a new application shall be submitted for each subsequent piece of real estate.
If the application is submitted for an auxiliary structure, it shall also indicate the data on whether the main structure has been built on the same cadastral parcel.
Prior to recording and registration of ownership right to separate units of residential and mixed-se buildings with multiple apartments, the investor, any person with a legal interest, the property manager, or the professional property manager of the condominium shall submit to the Agency an application for the registration of the residential or mixed-use building, i.e. a unit of the building that constitutes a functional whole; attached to the application he can also submit a geodetic survey study i.e. a sketch of unrecorded separate units for the building, through the digital platform for submitting application.
For residential, mixed-use i.e. office buildings referred to in paragraph 4 of this Article, if the investor is unknown or unavailable, the sketch of separate units i.e. the geodetic study can be submitted by any person having a legal interest, a property manager, i.e. professional property manager of the condominium, or an authorized person, through the digital platform for submitting application.
When submitting an application for the registration of ownership right to separate units of a structure, a person who is not the investor of the structure, part of the structure, or separate unit of the structure, shall attach documents evidencing the basis for acquiring the right to the separate unit.
In the case referred to in paragraph 6 of this Article, the certificate issued by the Agency for the registration of the building and separate units shall also include the registration of ownership right to those separate units in favor of the applicant.
Upon the issuance of the certificate confirming the fulfilment of conditions for the registration of a residential, mixed-use, and office building referred to in paragraphs 4 and 5 of this Article, and upon registration in the register of real estate and the rights thereto, the conditions are met for acting upon the applications of the owners of separate units in such building.
Based on the certificate confirming the fulfilment of conditions for the registration of the building, the Authority shall register the building and all of its separate units listed in the certificate in favor of the investor, if known and available; i.e. if the investor is not known or is unavailable, it shall register the building with a side note that the owner has not been determined.
In the event that the subject of the application is a separate unit of a structure in a residential building, created from common areas, the applicant shall submit, as evidence of resolved property-law relations, the agreement with the homeowners association of the condominium and the consent of 51% of the homeowners (separate unit owners). The application shall also be accompanied by a geodetic survey study, including a sketch of the separate unit.
For structures which, due to technical reasons (vegetation, cloud cover, etc.), have not been visible on satellite or other imagery produced for the territory of the Republic of Serbia, and have not been registered in the register of real estate and rights thereto, the applicant shall also, together with the application referred to in paragraph 1 of this Article, submit a geodetic survey study.
Before issuing the certificate of registration, the Agency shall submit to the Authority the geodetic survey study referred to in paragraphs 4 and 5 of this Article, for the purpose of verification.
Should the Authority determine that the geodetic survey study referred to in this Article contains no deficiencies, it shall register the structure in the registry of established changes to structures that have not been recorded in the real estate cadastre and deliver a notice to the Agency for the purpose of continuing the procedure for the registration of ownership right.
Should the Authority determine that the geodetic survey study referred to in this Article contains deficiencies, it shall order the geodetic organization to remedy the deficiencies and submit a corrected geodetic survey study to the Authority within eight days from the date of serving, i.e. notify the applicant to remedy the deficiencies within six months.
Should the Agency, during the review of the application, determine that there are technical deficiencies i.e. discrepancies with data from available databases, it shall notify the applicant to remedy the identified deficiencies within 30 days from the date of serving of the notice.
Should the applicant fail to remedy the deficiencies within the time limit referred to in paragraph 14 of this Article, the Agency shall decide on the conditions for the registration of right of ownership of the structure based on the available data.
State authorities shall submit the application referred to in paragraph 1 of this Article to the Agency via the service bus of state authorities, i.e. by other method prescribed by the law governing electronic administration.
At the occasion of submission of the application referred to in paragraph 1 of this Article, personal data shall be collected and processed for the purpose of authenticating the user and issuing a certificate of registration of ownership right, by applying all appropriate technical and organizational data protection measures in accordance with the law governing the protection of personal data.
The Agency shall prescribe the content and form of the application, as well as the methods of authentication of the applicant, that is, the content and form of the objection.
4. Compensation for Recording Costs
Article 8
For the costs of recording, the applicant, i.e. the person in whose favor the ownership right to the structure is registered, shall pay a compensation in the amount of the contribution for the development of construction land, the amount of which shall be determined based on the submitted zoning plan of the local self-government unit.
Notwithstanding paragraph 1 of this Article, the applicant, in whose favor the ownership right is registered to a family residential structure, i.e. a separate unit of a structure – an apartment in a residential, i.e. mixed-use building, for which the investor is unknown or unavailable, shall submit to the Agency a proof of payment of the compensation, the amount of which shall be determined according to the zones, in the following manner:
1) In the city of Belgrade:
- In extra zone: 1000 EUR;
- In the first zone: 800 EUR;
- In the second and the third zone: 300 EUR;
- In the fourth zone: 200 EUR;
- In the fifth zone: 150 EUR;
- In the sixth and other zones: 100 EUR;
2) In cities with more than 100,000 inhabitants:
- In extra and first zone: 500 EUR;
- In the second zone: 250 EUR;
- In the third zone: 150 EUR;
- In the fourth and other zones: 100 EUR;
3) In cities and municipalities having between 50,000 and 100,000 inhabitants:
- In extra and first zone: 300 EUR;
- In the second zone: 200 EUR;
- In third and other zones: 100 EUR;
4) In municipalities having fewer than 50,000 inhabitants and in villages: 100 EUR;
Notwithstanding paragraph 1 of this Article, no compensation shall be paid for warehouses, storage spaces, utility and auxiliary structures, and production facilities with an area of up to 500 m2, whereas for such structures with an area exceeding 500 m2, a compensation shall be paid in the amount of 10 euros for each additional square meter by which the structure’s surface area exceeds the aforementioned limit.
All amounts referred to in paragraph 2 of this Article shall be determined in the dinar equivalent, based on the middle exchange rate of the National Bank of Serbia on the day of calculation.
Where the investor of a residential i.e. mixed-use building development is known and available, he shall pay the compensation in the amount of the contribution for the development of construction land, while the ownership right to the separate units of the building – apartments, shall be registered in favor of the owners of the separate units of the building – apartments, without payment of the compensation.
If the investor referred to in paragraph 5 of this Article fails to pay the compensation prescribed by this Law, the Agency shall issue a certificate of registration of ownership right to the building with a note that the fee has not been paid, and to the owners of the separate units of the real estate, based on apartment purchase agreement or another legally valid grounds for acquisition, the Agency shall issue a certificate for the registration of ownership right to the apartment in favor of the apartment owner, without payment of the compensation.
In the case referred to in paragraph 6 of this Article, the Agency shall submit the case files to the State Attorney’s Office for the implementation of the procedure of enforced collection of claims in favor of the Republic of Serbia, in accordance with the provisions of the law governing enforcement and security interest, and such a document shall have the virtue of an authentic legal instrument.
In the case referred to in paragraph 6 of this Article, if the separate units – apartments, have not been transferred, a prohibition of disposal note shall be registered to those separate units until the discharge of liabilities on grounds of the compensation prescribed in this Article.
Notwithstanding paragraph 1 of this Article, the compensation for recording costs shall not be paid for public-purpose structures in public ownership, or at the occasion of recording of a structure that, pursuant to the provisions of this Law, is registered in favor of the Republic of Serbia, and no prohibition of disposal note shall be registered at the occasion of registration of ownership right, in accordance with the provisions of this Law.
The amount of the compensation under this Article shall be determined prior to the issuance of the certificate that the structure meets the conditions for registration of ownership right, in accordance with this Law.
For structures, parts of structures, i.e. separate units of a structure constructed on the basis of a temporary building permit, and for the structures referred to in Article 1, paragraph 2, item 5) of this Law, for which no occupancy permit has been issued, no compensation for recording shall be due if the owner of the structure provides proof that the compensation, i.e. the contribution for the development of construction land, has been paid in the procedure for issuing of the temporary, i.e. building permit.
In the event that during the works on the construction of structures, deviations in terms of area or purpose occur in relation to the issued permits, the applicant shall pay the difference in the compensation, which shall be determined by the Agency, and the Agency shall notify the applicant thereof.
When the Agency determines that a person in whose favor ownership right is to be registered is due to pay the compensation, it shall issue a notice to that person with instructions for payment of the compensation, within 30 days from the date of serving of the notice.
In the event that the due payer fails to discharge the liability from this Article within the prescribed time limit, the Agency shall issue a certificate of registration of right with a disposal prohibition note which shall be erased upon the discharge of the liabilities on these grounds, based on the certificate of the Agency, and shall initiate enforcement proceedings in accordance with the provisions of the special law.
Notwithstanding paragraph 1 of this Article, the compensation shall not be due for the owners of a family residential structure or an apartment, provided that such structure is used as the residence of the applicant and members of his household, where the applicant is a person with a disability, a war veteran, a family with three or more children, a single parent, or a recipient of social assistance.
If the structure that is the subject of registration is located in a part of the territory of a local self- government unit for which a zone has not been determined in accordance with the provisions of this Law, the registration compensation shall be determined according to the amount of the contribution for the development of construction land, at the rate applicable to the nearest zone with which such structure borders.
All compensations shall be paid in a single lump-sum payment.
Article 9
The compensation from Article 8 of this Law shall be allocated as follows: 20% in favor of the budget of the local self-government unit in whose territory the structure is located, 70% in favor of the budget of the Republic of Serbia, i.e. in favor of the budget of the autonomous province if the structure is constructed within the territory of the autonomous province, and 10% in favor of the budget of the Agency.
5. Database and the Agency’s Procedures
Article 10
The Agency shall prepare an appropriate database regarding the real estate referred to in Article 1 of this Law, with technical support from the Authority, based on submitted digital zoning plans, satellite and other imagery, data obtained from holders of public authority, applicants, i.e. other interested parties, data from other authoritative sources physically provided in a standard digital format for the purposes of identifying structures and determining rights to structures and identifying persons, that meet the conditions prescribed by this Law for the registration of ownership right.
The publication of the data set for public display shall also constitute a public invitation to all interested parties to submit to the Agency, as of the date of publication of the data set for public display:
1) The application;
2) An objection to the data contained in the application, accompanied by documentation serving as evidence for the claims made in the objection;
3) Evidence establishing when the structure was built, if the structure is not visible, due to technical reasons (vegetation, cloud cover, etc.), on the satellite or other imagery collected for the territory of the Republic of Serbia up to the date of entry into force of this Law, as well as
4) Other documentation relevant for the registration of ownership right of the structure, a part of the structure, i.e. a separate unit of the structure, and for the registration of the associated rights.
All applications and objections referred to in paragraph 2 of this Article shall be submitted using the digital form prescribed in Article 7, paragraph 18 of this Law.
The Agency shall, without delay, verify the submitted documentation and, based on the available data, issue a certificate confirming that the conditions for the registration of ownership right to the real estate have been met, i.e. a notice that the conditions for registration of ownership right to the real estate have not been met, in accordance with the provisions of this Law.
When the Agency determines that the conditions for recording and registration have been met, it shall issue the certificate and forward it to the Authority.
Until the publication of the dataset referred to in paragraph 2 of this Article, the Agency can issue certificates of registration of ownership rights based on existing databases and other available platforms, documentation, and other evidence, in accordance with the provisions of this Law and other regulations.
The data on the basis of which the registration of ownership right has been carried out in accordance with paragraph 6 of this Article shall constitute an integral part of the dataset for public disclosure referred to in paragraph 1 of this Article.
Should a technical error, data inaccuracy, i.e. other irregularity be detected upon issuance of the certificate by the Agency in the procedure prescribed by this Law, the Agency shall, at the request of the applicant or ex officio, correct i.e. amend it and forward it to the Authority for the purpose of updating the data.
The delivery of certificates and documents for registration, notices of the impossibility of certificate’s implementation, as well as of other acts exchanged between the Agency and the Authority pursuant to the provisions of this Law, shall be carried out through the e-counter in accordance with the provisions of the law governing the procedure for registration in the cadastre of real estate and infrastructure.
Article 11
If multiple persons submit an application for the same structure, part of the structure, or separate unit of the structure, i.e. if there are multiple competing applications for the same structure, the Agency shall, based on the available data and submitted evidence, issue a certificate confirming that the conditions for registration of ownership right have been met where it can unequivocally determine the person who is holder of the ownership title, in accordance with the provisions of this Law.
In the event that based on evidence it is not possible to determine the owner of the structure, part of the structure, or separate unit of the structure referred to in paragraph 1 of this Article, the Agency shall, without delay, notify all applicants that the conditions for registration of the structure, part of the structure, or separate unit of the structure have not been met and shall direct the applicants to first resolve the ownership rights to the structure and/or land before the competent authority.
Upon resolution of the preliminary issue referred to in paragraph 2 of this Article, and at the latest within five years from the date of the Agency’s notification, the procedure for registration of ownership right shall continue in accordance with the provisions of this Law.
For the structures referred to in Article 1, paragraph 5 of this Law, the Agency shall submit a request to the manager of the public asset, i.e. to the competent military authority, for the purpose of obtaining consent for the registration of ownership right to the real estate.
The manager, i.e. the ministry competent for defense affairs referred to in paragraph 4 of this Article, shall provide a statement to the Agency within 30 days from the date of receipt of the request, using the digital form.
If the manager fails to submit the statement within the time limit referred to in paragraph 5 of this Article, it shall be deemed that the consent has been given.
If the subject of the application is a structure, part of the structure i.e. separate unit of a structure, for which it is necessary to determine compliance with specific conditions and standards for the use of that type of structure, part of the structure, or separate unit of the structure (public-purpose structures, production facilities in the chemical and related industries, etc.), a certificate confirming the fulfilment of the conditions for registration shall also include the obligation of the owner of the structure, part of the structure, or separate unit of the structure to obtain the necessary conditions and consents, outside the unified procedure, as prescribed by special laws for the use of the structure, whereof a note shall be entered in the real estate cadastre.
The registration of ownership right to real estate in accordance with the provisions of this Law shall not affect the obligations that relate to the conditions for performing a business activity in structures referred to in paragraph 7 of this Article, nor to the conditions relating to public-use structures, in accordance with the provisions of special laws.
For structures for which no application has been submitted, and which are not a subject of registration in favor of the Republic of Serbia, the Agency shall submit to the Authority a list of structures for the purpose of registering ownership of the structure in favor of the owner of the cadastral parcel where the structure is located.
Upon receiving the list of structures referred to in paragraph 9 of this Article, the Authority shall, ex officio, forward the list to the competent local tax administration.
The content of the form referred to in paragraph 5 of this Article shall be prescribed by the Director of the Agency.
Article 12
Once the Agency determines that the conditions for the registration of ownership right have been met, it shall issue a certificate constituting a document suitable for registration and deliver it to the Authority via the e-counter.
Should the Agency determine that the structure meets the conditions for the registration of ownership right in favor of the Republic of Serbia, it shall notify the applicant that the conditions for registering ownership right in his favor have not been met.
The certificate confirming that the conditions for the registration of ownership right to real estate have been met, in addition to the mandatory note that the ownership right to the real estate has been registered pursuant to this Law, shall also include a decision on the removal of existing notes to the structure relating to its status (constructed without a building permit, without a construction approval decision, constructed without occupancy permit, etc.) and the corresponding amendment of the structure’s status.
When the subject of the application is a main structure built on agricultural land or in a registered agricultural holding, the Agency shall issue a certificate of registration for the main structure as well as for the auxiliary i.e. farm buildings of the same owner that serve the main structure.
In the case referred to in paragraph 4 of this Article, the compensation prescribed by this Law shall be paid only for the main structure.
In the event that the subject of registration is only the auxiliary i.e. farm structure built on agricultural land i.e. in a registered agricultural holding, which serves the main structure, no cadastral parcel shall be created, the compensation prescribed by this Law shall not be paid, and the notes prescribed by this Law shall not be registered.
In the case of registering ownership right to a linear infrastructure structure, the registration of ownership right shall be carried out by mutatis mutandis application of Article 119 of the Law on Roads (“Official Herald of the RS, Nos. 41/18, 95/18 - other law and 92/23 - other law).
Should the Agency determine during the procedure that the conditions for the registration of ownership right have not been met, it shall promptly notify the applicant thereof electronically and the competent building inspector, in the manner prescribed by the Director of the Agency.
For the structures referred to in Article 2, paragraph 1 of this Law, the Agency shall determine that the conditions for the registration of ownership right have not been met and shall notify thereof the Republic Property Directorate of the Republic of Serbia and the competent building inspector, who shall issue a decision on the removal of the structure, and a preliminary note of ownership right to the structure in favor of the Republic of Serbia shall be registered based on the Agency’s certificate, until the decision on the removal of the structure is enforced.
The preliminary note referred to in paragraph 9 of this Article can be justified on the basis of a Government decision on the takeover of the structure, which the Agency shall submit to the Authority, in which case the procedure for the removal of the structure shall be terminated.
No appeal can be lodged against the Agency’s certificate, nor may an administrative dispute be initiated; however, a court proceeding may be initiated by filing a lawsuit before the court of general jurisdiction according to the location of the real estate.
Upon registration of ownership right to the structure and the underlying land, pursuant to the provisions of this Law, the owner of the structure shall possess all rights accorded to the owner of a lawfully constructed structure, subject only to the limitations set forth by this Law.
Article 13
Where the structure for which an application for registration has been submitted, has been built on land in the exclusive private ownership of another legal or natural person, who is not the owner of the structure, and the applicant has not submitted adequate evidence of ownership right to the land, the Agency shall notify the applicant that the conditions for the registration of the structure, a part of the structure, or a separate unit of the structure have not been met, and shall instruct him to prove, as a preliminary issue, the ownership right to the land before the competent authority within five years from the date of receipt of notification from the Agency.
In the event of an unsuccessful claim by the owner of the structure referred to in paragraph 1 of this Article, the owner of the land shall have the right to request the removal of the structure.
Notwithstanding paragraph 1 of this Article, where, at the time of building of the structure, there existed a legal basis for the land on which the structure was built, which ceased to exist after the construction of the structure (disputed ownership right to the land, a change in the holder of the title to land previously owned by another natural or legal person, etc.), the Agency shall issue a certificate on fulfillment of conditions for the registration of ownership right to the structure in favor of the applicant which, enclosed with the application, submits evidence that the application relates exclusively to the residential structure that has been used for the applicant’s habitation for at least 20 years, that the applicable property tax has been paid continuously for a minimum of 10 years, that no decision has been issued for the removal of the structure pursuant to the provisions of the law regulating planning and construction, and that the applicant does not own any other real estate serving as his place of habitation. The certificate shall include a note containing the obligation for the owner of the structure to resolve the property-right relations concerning the land within five years.
Notwithstanding paragraph 1 of this Article, where the land is owned by socially-owned enterprises undergoing bankruptcy, and the applicant has submitted an act of the competent authority or another legal instrument for the acquisition of right to land, which is not suitable for registration of ownership right in the real estate cadastre, the Agency shall issue the certificate on fulfilment of the conditions for the registration of ownership right to the structure, with a note containing the obligation of the owner of the structure to register ownership right to the land within five years.
Notwithstanding paragraph 1 of this Article, where the land is in public ownership of the Republic of Serbia, autonomous province, or local self-government unit, and a right to use is registered in favor of a natural or legal person (except in cases where the law regulating planning and construction excludes the possibility of converting the right of use into ownership right), such person shall, for the purposes of this Law, be treated as equal to the owner.
The note referred to in paragraphs 3 and 4 of this Article shall be erased at the occasion of registration of the owner of the structure on the land for regular use, in accordance with the provisions of the law regulating planning and construction.
III REGISTRATION OF OWNERSHIP RIGHT TO REAL ESTATE
1. Procedures of the Authority
Article 14
The Authority shall register ownership right based on the provisions of this Law, the Agency’s certificate as an enforceable legal instrument, and the law governing the registration of real estate in the cadastre of real estate and infrastructure, with a priority, regardless of the order in line of decision-making prescribed by the law regulating the procedure for registration in the cadastre of real estate and infrastructure, without the consent of persons who have submitted prior requests to the competent authority of the Authority.
Should the Agency’s certificate exhibit formal i.e. technical deficiencies, the Authority shall not implement the certificate and shall notify the Agency thereof without delay.
In accordance with the provisions of this Law, the Authority shall not conduct administrative proceedings nor issue a decision on a change in the cadastre of real estate and infrastructure. Instead, it shall carry out the registration of ownership and other real rights, division, registration of a note, deletion of a right and a note, and other changes based on this and other special laws, without charging fees or levies.
Data concerning the area of the land beneath a structure, the structure itself, a part of the structure, or a separate unit of the structure, as recorded in the real estate cadastre based on data from the records of determined changes in real estate not yet registered in the cadastre of real estate in accordance with the provisions of the law regulating the state survey and cadastre, can be corrected in accordance with the provisions of the law governing the procedure for registration in the real estate cadastre, based on a geodetic survey study.
Upon receipt of the certificate from the Agency, the Authority shall, ex officio, forward the certificate to the competent organizational unit of the Tax Administration and the relevant local tax authority.
All changes in the real estate cadastre and the infrastructure cadastre carried out in accordance with the provisions of this Law shall be publicly accessible on the e-cadastre within 24 hours following the carried out registration of ownership right.
2. Registration of Ownership Right in Favor of the Republic of Serbia
Article 15
For the structures referred to in Article 2, paragraph 1 of this Law, ownership right shall be registered in favor of the Republic of Serbia upon fulfilment of the conditions set forth in Article 12, paragraphs 9 and 10 of this Law.
Notwithstanding paragraph 1 of this Article, ownership right in favor of the Republic of Serbia shall not be registered for real estate that, pursuant to the provisions of special laws, is in the mandatory public ownership of the autonomous province i.e. a local self-government unit.
If the investor is unknown or unavailable, or in the case where a legal person has ceased to exist without legal successors, and has constructed a structure or multiple structures with several separate units, some of which have not been conveyed, ownership rights to the non-conveyed separate units shall be registered in favor of the Republic of Serbia based on the Agency’s certificate.
For structures for which no application has been submitted, and which are subject to the registration of ownership right in favor of the Republic of Serbia in accordance with the provisions of this Law, the Agency shall provide the Authority with a list of structures for the purpose of registering a preliminary note of ownership right.
For the structures referred to in paragraph 4 of this Article, for which no application has been submitted, the Agency shall notify the Republic Property Directorate of the Republic of Serbia and the competent building inspector, who shall issue a decision on the removal of the structure.
The preliminary note referred to in paragraph 4 of this Article can be justified on the basis of a Government decision on the takeover of the structure, which the Agency shall submit to the Registry, in which case the procedure for the removal of the structure shall be terminated.
3. Formation of a Cadastral Parcel
Article 16
Upon determining by the Agency that beside the conditions for the registration of ownership right to a structure, the conditions for the formation of a cadastral parcel beneath the structure have also been met, the area of the land beneath the structure shall not be indicated in the certificate submitted to the Authority, but the Authority shall ascertain the area of the newly established cadastral parcels during the parcel division process and carry out the registration of ownership right to the newly created cadastral parcel formed from the land beneath the structure.
The registration of ownership right referred to in paragraph 1 of this Article shall be carried out on the basis of the records of determined changes to structures that have not been registered in the real estate cadastre.
The procedure referred to in paragraph 1 of this Article shall apply when the main structure is constructed on land in exclusive public ownership or in public ownership with an undetermined share, as well as in public ownership with a determined share, provided that the registration arose solely as a result of the registration of the land beneath the structure pursuant to the provisions of the Law on Amendments and Supplements to the Law on Planning and Construction ("Official Herald of the RS", No. 145/14), except where a right of use in favor of a natural or legal person is registered on the land.
Where a cadastral parcel is held in co-ownership or joint ownership by multiple persons, of whom only one is the owner of the structure, ownership rights to the structure shall be registered in favor of the person who owns the structure, based on the Agency’s certificate, while no changes shall be made to the cadastral parcel.
Notwithstanding paragraphs 3 and 4 of this Article, for structures located on two or more cadastral parcels, the provisions of this Law concerning the registration of ownership right to a structure shall apply to the parcel on which the largest portion of the structure is situated, and no separate cadastral parcel shall be formed beneath the structure.
Ownership right shall be registered in favor of the owner of the structure on the cadastral parcel formed from the land beneath the structure, whereas, on a cadastral parcel formed from land not occupied by the structure that is the subject of registration under this Law, the existing registration of ownership rights shall remain unaltered.
The owner of a structure and of the cadastral parcel formed from the land beneath the structure shall be entitled to a right of passage through the cadastral parcel formed from land not occupied by the structure that is the subject of registration under this Law, for the purpose of accessing the structure within the limits of existing actual use of that cadastral parcel, and in a manner that imposes the least possible restriction on the right of the owner of the burdened estate, as established by the Agency in the certificate submitted to the Authority for the registration of ownership right to the structure and the land beneath the structure.
The easement right referred to in paragraph 7 of this Article shall be established without compensation and shall cease upon the establishment of land for regular use of the structure, in accordance with the provisions of this Law and the law regulating planning and construction.
The owner of a structure who has acquired ownership right to the land beneath the structure pursuant to this Law shall form a cadastral parcel for the regular use of the structure, except where the structure has been built on agricultural, i.e. forest land, within five years from the date of registration of ownership right to the structure and the land, in accordance with the provisions of the law regulating planning and construction.
The certificate issued by the Agency for the registration of ownership right to a structure and the land beneath the structure shall mandatorily include the obligation referred to in paragraph 9 of this Article, for the purpose of registering of a note in the real estate cadastre.
Where a structure is constructed on a cadastral parcel held in the exclusive ownership of the applicant, no separate cadastral parcel shall be formed beneath the structure.
Article 17
The registration of ownership right pursuant to this Law shall neither affect the rights of third parties to seek property protection and claim for damages, nor shall it affect proceedings conducted under the provisions of the Criminal Code concerning the commission of the criminal offense of unauthorized construction.
Article 18
Supervision over the implementation of the provisions of this Law shall be carried out by the ministry in charge of construction and urban planning.
Article 19
A monetary fine ranging from 5,000 to 150,000 dinars shall be a punishment for a misdemeanor committed by a responsible official in a local self-government unit if the unit of local self-government fails, within the prescribed time limit, to submit a digital zoning plan to the Agency, to prepare a digital zoning plan on the digital platform provided by the Authority, or if, upon the Agency’s request, fails to provide all geodetic studies and other documentation in its possession, provided that parties have submitted them in legalization proceedings.
A monetary fine ranging from 25,000 to 50,000 dinars shall be a punishment for a misdemeanor committed by a responsible official in a local self-government unit if the unit of local self-government fails, within the prescribed time limit, to amend the planning document from its competence.
VI TRANSITIONAL AND FINAL PROVISIONS
Article 20
The time limit for submitting the application pursuant to Article 7 of this Law shall commence upon the expiration of 45 days from the date of entry into force of this Law and shall last for 60 days.
Notwithstanding paragraph 1 of this Article, persons who, due to objective reasons, failed to submit an application within the prescribed time limit, can submit it within one year from the date of entry into force of this Law, provided that they submit, together with the application, evidence from which the justification for failure to submit the application can be established beyond doubt.
Structures for which an application has been submitted, but which the Agency determines were not constructed prior to the entry into force of this Law, shall not be subject to registration under the provisions of this Law, and the provisions of the law regulating planning and construction relating to the construction of structures without a building permit, the decision approving the carrying out of works, i.e. the occupancy permit, shall apply to such structures and they shall be removed, i.e. registered in favor of the Republic of Serbia, based on the Agency’s certificate.
The provisions of the law regulating the construction of buildings and criminal proceedings shall apply to persons who, without issued decision on the building permit, decision on approval for carrying out works, or other act in accordance with the law governing construction of structures, commence or complete construction after the entry into force of this Law.
For the structures referred to in paragraph 4 of this Article, the competent building inspector shall issue a decision to suspend works and remove the structure, i.e. a part of the structure constructed in violation of the law, which shall be promptly forwarded to the Republic Building Inspector, and the structure, part of the structure, i.e. separate unit of the structure built in violation of the law shall either be removed or, together with the land beneath it, become public property of the Republic of Serbia.
The decision referred to in paragraph 5 of this Article shall be enforced at the expense of the person who built the structure.
The decision referred to in paragraph 5 of this Article shall be submitted by the Republic Building Inspector to the Agency, which shall compare the decision with the structure’s ID number in the records of determined changes to structures not registered in the real estate cadastre and forward the certificate to the Authority for the purpose of registration of ownership right in favor of the Republic of Serbia.
A local self-government unit shall, within 45 days from the entry into force of this Law, submit to the Agency a digital zoning plan which contains the marked zones of existing or planned areas of public use or public areas held in mandatory public ownership, land in the regime of public use, zones for the protection of a natural and cultural asset of great importance and cultural asset of exceptional importance, as well as zones with structures listed in the World Heritage List or situated on the cultural asset itself, the boundaries of the second protection zone of a natural asset, zone of a public water resource, railway corridor zone and zone of sanitary protection of a water source, as well as zones for calculation of the contribution for the development of construction land.
If a local self-government unit fails to submit a digital zoning plan within the time limit specified in paragraph 8 of this Article, or if the submitted zoning plan does not comply with the prescribed content, the Agency shall, at the expense of the local self-government unit, hire an authorized organization for spatial planning, urban planning, or geodesy to prepare the zoning plan in accordance with the provisions of this Law.
For cities with city municipalities, the data referred to in paragraph 8 of this Article can also be submitted for the territory of a city municipality.
The Director of the Agency shall establish standards for the collection, recording, and submission of data through the information system developed for these needs, within 30 days from the date of entry into force of this Law, and such standards shall be published on the official website of the Agency.
Upon receiving the data and documentation referred to in Article 10, paragraph 1 of this Law, as well as on the basis of other data sources necessary for the identification and determination of rights to structures, the Agency shall make the dataset publicly available for public display within 45 days from the date of entry into force of this Law.
The objections submitted pursuant to Article 10, paragraphs 2 and 3 of this Law shall be evaluated by the Agency without delay and the outcome on the merits of the objection shall be communicated by the Agency to the applicant.
Upon the publication of the dataset for public display referred to in paragraph 12 of this Article, the time limit of 60 days for the submission of applications shall commence running.
Applicants and all other interested parties shall have the right to submit an objection to the Agency regarding the data referred to in paragraph 12 of this Article from the moment of publication of the dataset for public display within 60 days, and no later than 90 days from the moment of publication.
Decisions that are final or final in administrative proceedings, on the ratification and legalization of structures, issued prior to the entry into force of this Law, shall be recorded in the register of real estate and rights thereto, in accordance with the provisions of the law governing the procedure for registration in the real estate cadastre and the infrastructure cadastre.
Article 21
All issuers of planning documents shall, within two years following the registration of structures on their territory, review and harmonize the existing planning documents, i.e. adopt new planning documents, particularly with regard to the planning and development of informal settlements within their territory or urban blocks where there are visible discrepancies in number of floors, occupancy, and other relevant characteristics.
The harmonization of building density within urban blocks shall be possible on the basis of a decision by the Planning Commission which is aligned with the guidelines of the Council for Urbanism and Architecture of the Republic of Serbia.
The Council referred to in paragraph 2 of this Article, together with the Planning Commission, shall participate in the procedure for amending i.e. adopting of new planning documents and in determining of the zones of urban planning renewal.
The Council referred to in paragraph 2 of this Article shall include distinguished experts in the fields of environmental protection, immovable cultural heritage preservation, architecture, spatial planning, urbanism, and legal sciences.
Article 22
The competent inspection authorities shall, upon the entry into force of this Law, conduct enhanced inspection supervision, with the aim of prevention of new illegal construction.
Article 23
For the purpose of preventing and curbing new illegal construction, the Authority shall conduct annual imaging by method of remote detection in the territory of the Republic of Serbia and, based on such data, shall update the data in the records of established changes to structures not registered in the real estate cadastre.
The competent construction inspectors shall continuously monitor changes in the spatial environment and report about that weekly to the Republic Construction Inspectorate.
The up-to-date data in the records of identified changes to structures not registered in the real estate cadastre referred to in paragraph 1 of this Article, shall be publicly accessible on the digital platform of the national geospatial data infrastructure.
For the purpose of monitoring spatial changes and the accuracy and completeness of the records, the Business Registers Agency shall deliver to the Authority the issued building permits, decisions on approval for carrying out works, and occupancy permits.
Article 24
Temporary connections made in accordance with the Regulation on the manner, conditions, and procedure for temporary connection to the electricity grid, gas network, and/or district heating, water supply, and sewage systems of illegally built structures ("Official Herald of the RS", No. 70/23) shall become permanent if ownership right to a structure is registered in accordance with the provisions of this Law.
Upon the registration of ownership right to a structure, the structure shall become eligible to be connected to the electricity grid, gas network, and/or district heating, water supply, and sewage systems, provided that there are technical conditions determined by the company performing the registered energy i.e. utility business activity, in accordance with the law, outside of the unified procedure.
Article 25
A local self-government unit, within whose territory there are settlements or parts of a settlement consisting of structures referred to in Article 13, paragraph 4 of this Law, shall, within two years from the date of entry into force of this Law, amend i.e. adopt a new planning document containing a plan for parceling i.e. re-parceling of settlements or parts of settlements, with the aim of forming the cadastral parcels and resolving of property-rights relations on the land.
The local self-government unit shall provide legal and technical assistance to all interested parties who lack the necessary knowledge or technical means to submit an application i.e. objection.
Article 26
The secondary legislation for the implementation of this Law shall be adopted within 30 days from the date of entry into force of this Law, except for the bylaw referred to in Article 7, paragraph 17 of this Law, which shall be adopted within seven days from the date of entry into force of this Law.
Article 27
Upon the entry into force of this Law, the Law on Building Legalization ("Official Herald of the RS", Nos. 96/15, 83/18, 81/20 - CC, 1/23 - CC, and 62/23) shall be repealed.
Proceedings initiated under the provisions of the Law on Building Legalization for structures regulated by Article 1 of this Law shall be terminated as of the date of entry into force of this Law, including proceedings for the determination of land for the regular use of the structure.
For the proceedings referred to in paragraph 2 of this Article, no separate decision on the termination of proceedings shall be issued, instead a collective decision is adopted.
Article 28
This Law shall enter into force on the following day from the date of publication in the "Official Herald of the Republic of Serbia".