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“Home, Sweet Home”? – Adopted new Law on Regulating Legalization of Illegal Buildings

The National Assembly of the Republic of Serbia has adopted, on 22 October 2025, the Law on Special Conditions for Recording and Registering Property Rights introducing a major shift and simplification in the process of legalizing illegally constructed buildings. The Law will enter into force on the day following its publication in the Official Gazette of the Republic of Serbia.

Key Updates and Registration Procedure

Digitalization of the process

A digital platform will be established, managed by the Agency for Spatial Planning and Urbanism (the Agency), in cooperation with the Republic Geodetic Authority (RGA) and local self-governments. Through this platform, the entire legalization procedure will be carried out – including the submission of applications and the required documentation.

Registration of property rights

After processing the application, the Agency issues a certificate suitable for Cadastral registration, which the RGA registers as a priority, regardless of any previously initiated procedures.

Application deadline

The deadline for submitting applications was 5 February. Thereafter, the deadline was extended until 8 February at midnight. Persons who, for objective reasons, failed to submit the application within the prescribed deadline may submit the application until 24 October 2026.

Required documentation

  • proof of legal basis (contract, inheritance decision, etc.),
  • proof of the existence of the building if it is not already recorded or if the subject of application is an apartment (geodetic report, sketch, etc.),
  • photographs of the building,

applicant’s statement.

Fees

  • If the investor is known – a fee equivalent to the land development contribution applies;
  • If the investor is unknown – the fee depends on the zone and building type:
  • €100-€1,000 for residential buildings,
  • €10/m² for larger commercial buildings.
  • Exemptions apply to families with multiple children, single parents, persons with disabilities, and socially vulnerable citizens.

Limitations and Special Cases

  •  Ineligibility for legalization: Buildings located on public land, cultural heritage sites, water sources, or in protected zones cannot be legalized – ownership rights will be registered in favor of the Republic of Serbia.
  • Multiple applications for the same building: If multiple applications are submitted for the same building, the Agency issues the certificate to the applicant with undisputed ownership; otherwise, applicants are referred to court proceedings.
  • Buildings on third-party lot: Buildings on third-party lot can only be registered after resolving ownership issues.
  • Temporary structures: Temporary structures (mobile homes, containers, etc.) are only recorded in the system without ownership rights.
  • Technical Compliance of Buildings: The Republic of Serbia does not guarantee the technical safety of the building – the owner bears all the risk and liability for any potential damage.

Potential issues

  • System capacity – Estimates show that the administrative capacity for processing applications is approximately 400,000 per year, whereas the total number of illegal buildings is counted in the millions. Consequently, the legalization process may extend over a decade.
  • No right to appeal – there is no possibility to file an administrative appeal; or initiating administrative proceedings; legal protection is only possible through litigation, which raises questions of constitutionality.
  • Ongoing legalization procedures will be suspended – citizens who have already submitted applications must submit them again in accordance with this law.
  • Short and preclusive deadlines – may be difficult to meet in practice.

 

Although the law simplifies and accelerates the legalization process, its implementation will reveal the extent to which institutions have the capacity for digital transformation and effective enforcement.

PSG LEGAL closely monitors the implementation of the new Law and remains available at: office@pslegal.rs to provide comprehensive legal support – from submitting the application to registering ownership rights.

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