Practice area · Leskovac, Serbia
Buying and selling real estate in Serbia
A real estate transaction in Serbia has two steps: a written contract certified by a public notary, and registration of the new owner in the Real Estate Cadastre. Most problems can be avoided by checking the property and the seller's documents before anything is signed.
Buying a house, an apartment or land in Serbia, or selling property you own here while living abroad, follows rules that may differ from those in your country. This page explains the main steps and what is usually checked. Serbian terms are given in brackets, because you will find them on Serbian documents.
Can a foreigner buy real estate in Serbia?
In general, yes. Foreign citizens and foreign companies can acquire real estate in Serbia subject to reciprocity, which means that Serbian citizens must be able to acquire real estate in the foreigner's country under similar conditions. Agricultural land is subject to special, stricter rules. Whether reciprocity exists with your country, and whether the property you are interested in is agricultural land, is checked before the purchase.
What is checked before signing
The most important document is the title deed (list nepokretnosti), an extract from the Real Estate Cadastre (katastar nepokretnosti). It shows the property, who is registered as the owner and what rights others have over it. Before signing, it is usually checked:
- that the seller is registered as the owner, and whether there are co-owners
- whether the property is subject to a mortgage (hipoteka), an easement or another encumbrance
- whether there are annotations (zabeležbe), for example of a court dispute
- whether the building, and every floor or extension, is registered in the cadastre
- whether anyone has a right of pre-emption (pravo preče kupovine), such as a co-owner or, for agricultural land, a neighbouring owner
- whether the seller's documents on how they acquired the property are in order
Mistakes made at this stage are hard to correct later. Most of them can be spotted by looking at the title deed and the seller's documents.
The contract and the public notary
A contract on the transfer of real estate, whether a sale, a gift or an exchange, must be concluded in writing and certified by a public notary (javni beležnik). The contract is certified by a notary in whose official area the property is located. The notary reads the contract to the parties and explains its consequences. If you do not speak Serbian, an interpreter takes part in the signing.
A lawyer can draft the contract or review a draft prepared by the other side, so that the price, the payment terms, the handover of the property and the consequences of a delay are clearly agreed before you come to the notary.
Registration in the cadastre
When real estate is acquired by contract, the buyer becomes the owner only on registration in the Real Estate Cadastre. A signed and certified contract is the basis for registration, but on its own it does not make the buyer the owner. The notary sends the contract to the cadastre, and it is worth checking afterwards that the registration has actually been made.
Taxes depend on the type of transaction and on the parties, and are checked in advance, so that it is clear before signing who pays what.
Selling or buying from abroad
You do not have to be in Serbia to sell or buy property. A lawyer can act on your behalf on the basis of a power of attorney (punomoćje).
- A power of attorney signed abroad is usually certified at a Serbian embassy or consulate, or by a notary in your country with an apostille.
- Documents in a foreign language are translated into Serbian by a court interpreter (sudski tumač).
- A power of attorney for a real estate transaction should state precisely what the representative may do, for example sign the contract and receive the price.
The exact form depends on the transaction, so it is best to agree on the wording of the power of attorney before you sign it.
If the property was inherited
Inherited property can be sold once the heirs have been registered as owners on the basis of the inheritance decision (rešenje o nasleđivanju). If the estate was never settled, the probate proceedings have to be completed first. More on this: inheritance in Serbia for heirs abroad.
Frequently asked questions
Am I the owner as soon as I sign the contract?
No. The contract is the legal basis, and ownership is acquired on registration in the Real Estate Cadastre. This is why the contract contains the seller's consent to registration.
Can the contract be in English?
The contract certified by a Serbian public notary is in Serbian. You can receive an English translation of the draft in advance, so that you know exactly what you are signing, and an interpreter takes part in the signing itself.
Can I check a property before I travel to Serbia?
Yes. The title deed and other records can be obtained and reviewed before you decide, and you will receive an explanation of what they show.
Related topics
Legal sources
- Law on Real Estate Transactions (Zakon o prometu nepokretnosti)
- Law on the Fundamentals of Property Relations (Zakon o osnovama svojinskopravnih odnosa)
- Law on Public Notaries (Zakon o javnom beležništvu)
- Law on the Procedure for Registration in the Real Estate and Infrastructure Cadastre (Zakon o postupku upisa u katastar nepokretnosti i katastar infrastrukture)
- Law of Obligations (Zakon o obligacionim odnosima)
- Law on Agricultural Land (Zakon o poljoprivrednom zemljištu)
- Law on Property Taxes (Zakon o porezima na imovinu)