AND BASIC PROVISIONS
Article 1
Transfer of real estate is free, unless otherwise provided by law.
Real estate, within the meaning of this law, is: land (agricultural, construction, forests and forest land), buildings (business, residential, residential-business, economic, etc.) and other construction facilities, as well as special parts of buildings (apartments, business premises, garages and garage spaces) on which a separate right of ownership may exist (hereinafter: real estate).
Article 2
Transfer of real estate, within the meaning of this law, is the transfer of ownership rights to real estate through a legal transaction, with or without compensation.
The transfer of the right of use of real estate in public ownership from one holder of the right of use of real estate in public ownership to another is also considered a transfer of real estate.
Article 3
The transfer of ownership of a building or other construction facility shall simultaneously transfer the ownership of the land on which the building is located, as well as the land used for the regular use of the building.
The land used for the regular use of the building shall be determined by the contract on the transfer of real estate, and if this is not agreed upon, the rules provided for in the regulations on planning and construction shall apply, which define the land used for the regular use of the building.
The transfer of ownership of a building constructed on land on which the owner of the building does not have the right of ownership, but only the right of use or the right of lease, shall also transfer the right of use or the right of lease on the land on which the building is located, as well as on the land used for the regular use of the building.
Article 4
The contract on the transfer of real estate shall be concluded in the form of a notarially certified (solemnized) document.
The notary public in whose area the real estate subject to the contract is located shall be exclusively competent for the transaction referred to in paragraph 1 of this Article.
If the real estate that is the subject of the contract is located in the territory of several notaries, each of those notaries shall have jurisdiction.
A contract that is not concluded in the manner referred to in paragraphs 1 to 3 of this Article shall not produce legal effect.
Article 4a
If a notary public, based on an inspection of the real estate register or otherwise, determines that the subject of the contract for the transfer of real estate is a facility or a special part of a building for which a use permit has not been issued or in respect of which a legalization procedure is in progress, he shall be obliged to warn the contracting parties thereof and to enter a warning in accordance with the rules governing notarial activities, and if the contracting parties object to the entry of a warning, the notary public shall refuse to take the requested official action.
Article 4b
If a notary public, based on the inspection of the special records of real estate transfer contracts, determines that the signatures on the contract for the transfer of the same real estate have already been certified by the court, that a notary public record of the transfer of the same real estate has been made by the notary public or in the court, or that a contract for the transfer of the same real estate has been confirmed (solemnized) by the notary public, and the seller is the same person, the notary public is obliged to warn the contracting parties and to enter a warning in accordance with the rules governing notarial activities, and if the contracting parties object to entering a warning, the notary public refuses to take the requested official action.
Article 4v
A notary public who has confirmed (solemnized) a contract for the transfer of real estate is obliged to immediately submit a certified copy of that contract to the court competent for keeping special records of contracts for the transfer of real estate.
The notary who has confirmed (solemnized) a contract on the transfer of real estate is obliged to submit a certified copy of that contract to the authority competent for the determination and collection of public revenues, within ten days from the date of conclusion of the contract.
Article 4g
The Basic Court shall keep special records of contracts on the transfer of real estate located in its territory. The special records shall contain: data on the contracting parties, data on the real estate and data on the notarial record of the contract on the transfer of real estate or data on contracts on the transfer of real estate that have been confirmed (solemnized) by notaries. All notaries have the right to inspect the special records.
The regulation that regulates in more detail the keeping of special records referred to in paragraph 1 of this Article shall be issued by the minister competent for justice.
II RIGHT OF PRE-ORDER
Article 5
A co-owner of real estate who intends to sell his co-ownership share is obliged to previously offer it for sale to the other co-owners.
In the event that there are multiple co-owners, the co-owner with the larger co-ownership share has priority in exercising the right of pre-emption.
When there are multiple co-owners who would have the right of pre-emption according to paragraph 2 of this Article, the co-owner of the real estate has the right to decide for himself to whom he will sell his share of the real estate.
Article 6
The owner who intends to sell agricultural land is obliged to offer it to the owner of the neighboring agricultural land in advance.
In the event that there are several owners of neighboring land whose agricultural land borders the seller’s agricultural land, the owner of the neighboring land whose agricultural land borders the seller’s land for the most part has the priority in exercising the right of pre-emption. If there are several owners of neighboring land whose agricultural land borders the seller’s land for the most part, and the boundary lines are equal, the owner of the neighboring land with the largest area has the priority among them.
In exercising the right of pre-emption, the owner of the neighboring land is in the order after the co-owners of the land that is the subject of sale.
Article 7
The offer referred to in Articles 5 and 6 of this Law, which is submitted simultaneously to all holders of the right of pre-emption, must contain information about the real estate, the price and other conditions of sale.
The offer must be in writing.
The holder of the right of pre-emption is obliged to declare the offer in writing within 15 days from the date of receipt of the offer.
The offer and the declaration of acceptance of the offer referred to in paragraphs 1 and 3 of this Article must be made by registered letter.
Article 8
If the holder of the right of pre-emption, to whom the offer was made, does not declare, within 15 days from the date of receipt of the offer, in the manner referred to in Article 7, paragraph 3 of this Law, that he accepts the offer, the seller may sell the real estate to another person, but not under more favorable conditions.
Article 9
If the holder of the right of pre-emption does not accept the offer, and the owner does not sell the real estate to a third party within one year from the date of non-acceptance of the offer, he is obliged to act in the event of a resale in accordance with the provisions of Articles 5 to 7 of this Law.
Article 10
If the seller has sold the real estate without first offering it to the holder of the right of pre-emption or has sold the real estate under conditions more favorable than those in the offer, the holder of the right of pre-emption may file a lawsuit to demand that the contract for the sale of the real estate be declared ineffective against him and that the real estate be sold and handed over to him under the same conditions.
The lawsuit referred to in paragraph 1 of this Article may be filed with the competent court within 30 days from the day the holder of the right of pre-emption learned of the sale of the real estate, and no later than two years from the day the contract for the sale of the real estate was concluded.
If the contract for the sale of the real estate was not concluded in the form prescribed by this Law, and the real estate was handed over to the buyer for possession, it shall be deemed that the right of pre-emption has been violated in this way, and the person who has that right may file a lawsuit to demand the exercise of that right.
The lawsuit referred to in paragraph 3 of this Article may be filed with the competent court within one year from the date of learning of the transfer of possession, and no later than two years from the date of handing over the real estate to the buyer.
The plaintiff is obliged to simultaneously file the lawsuit referred to in paragraphs 1 and 3 of this Article with the competent court an amount equal to the market value of the real estate on the date of filing the lawsuit.
III SPECIAL PROVISIONS
Article 11
A contract for the sale of real estate concluded under conditions of pressure and violence, or in conditions and circumstances in which the safety of people and property, the exercise of the protection of freedoms, rights and duties of citizens or the legality and equality of citizens were threatened or not ensured, shall be null and void.
Article 12
Real estate in public ownership may be alienated in accordance with the law governing public ownership, unless otherwise provided for by a special law.
Agricultural and construction land, forests and forest land, as well as port land, may not be alienated from public ownership, unless otherwise provided by law.
Article 13
The owner of real estate may, by a unilateral declaration, waive the right of ownership to real estate in favor of the Republic of Serbia, an autonomous province, or a local self-government unit.
The declaration of renunciation, within the meaning of paragraph 1 of this Article, shall be given in the form of a notarially certified (solemnized) document and shall serve as the basis for entry in the public book of records of real estate and rights thereto.
Before signing it, the submitter of the declaration shall be requested to submit an extract from the public book of records of real estate and rights thereto, or another appropriate document on the basis of which it is established that he is the owner of the real estate.
The notary public will submit the signed statement, together with the attached documents, within 15 days to the Republic Property Directorate of the Republic of Serbia, or to the competent authority of the autonomous province or local self-government unit, in order to initiate the procedure for registering rights and determining the method of use of the real estate in question.
Article 14
A notary public who confirms (solemnizes) a contract on the alienation of real estate from public ownership shall be obliged to submit a copy of the contract to the competent attorney-at-law within 15 days from the date of confirmation of the contract.
If the contract on the transfer of real estate was concluded contrary to the provisions of this Law, the law regulating public property or another law, the competent attorney-at-law shall be obliged to file a lawsuit for the annulment of the contract within six months from the date of delivery of the contract, and no later than three years from the date of confirmation (solemnization) of the contract.
IV PENAL PROVISIONS
Article 15
A fine of 50,000 to 150,000 dinars shall be imposed for a misdemeanor on a notary public who:
1) fails to submit to the competent authority a certified copy of the contract on the transfer of real estate in accordance with Article 4v of this Law;
2) fails to submit a signed statement with attached documents to the Republic Property Directorate of the Republic of Serbia, or to the competent authority of the autonomous province or local self-government unit in accordance with Article 13, paragraph 4 of this Law;
3) fails to submit a copy of the contract to the competent attorney in accordance with Article 14, paragraph 1 of this Law.
V TRANSITIONAL AND FINAL PROVISIONS
Article 16
In the territory of the basic court for which notaries have not been appointed, until a notary public with an official seat in the seat of the basic court is appointed, the basic court shall perform the tasks related to the confirmation (solemnization) of the contract on the transfer of real estate in accordance with the provisions of this Law and the law regulating notary public activities.
If a notary public with an official seat outside the seat of the basic court is appointed in the territory of the basic court, until a notary public with an official seat in the seat of the basic court is appointed, the basic court shall be competent for matters related to the confirmation (solemnization) of real estate transfer contracts, only for the territory of the city or municipality where the official seat of the appointed notary public is not located.
Courts are obliged to enable the notary public to have access to special records of real estate transfer contracts submitted for the purpose of verifying the signatures of the contracting parties, which the courts shall keep until the date of entry into force of this Law in accordance with the Rules on Keeping Special Records of Real Estate Transfer Contracts (“Official Gazette of the Republic of Serbia”, No. 4/10).
Article 17
On the date of entry into force of this Law, the Law on Real Estate Transactions (“Official Gazette of the Republic of Serbia”, No. 42/98 and 111/09) and the Rulebook on Keeping Special Records of Real Estate Transactions (“Official Gazette of the Republic of Serbia”, No. 4/10) shall cease to be valid.
Article 18
This Law shall enter into force on 1 September 2014.