New Law on Registering Owners of Illegally Constructed Buildings…

On October 24, 2025, the Law on Special Conditions for Registration and Registration of Rights to Real Estate entered into force. The law aims to enable the registration of owners of illegally constructed buildings. This is an attempt by the state to finally close the chapter on illegal construction and ensure legal certainty in the real estate market.

The law allows for the registration of most buildings constructed and visible before the law came into effect, except for those built on public-purpose land, in protected natural and cultural heritage zones, water source protection areas, and similar zones. In such cases, ownership rights are automatically registered in favor of the Republic of Serbia.

The provisions of the law clearly define what may be subject to registration and which buildings it applies to, covering a broad range of situations where, for various reasons, a property and ownership right were not registered. Most importantly, it applies to buildings, parts of buildings, and individual units constructed on construction land (and, in exceptional cases, on agricultural or forest land) without the legally required documentation at the time – i.e., contrary to the law – or to real estate built when no regulations on building permits existed, etc.

Ownership rights will be registered both for the buildings and for the land beneath them.

The application process will be fully digitalized.

Local governments are required, within 45 days from the date the law enters into force (by December 8, 2025), to submit to the Agency for Spatial Planning a digital zoning plan containing designated areas of existing or planned public-purpose surfaces or public land that must be publicly owned, land under public use, protected natural and cultural heritage zones of great or exceptional importance, areas containing properties inscribed on the World Heritage List or on the heritage site itself, boundaries of other protected natural areas, public water zones, railway zones, and water source sanitary protection zones, as well as zones for determining land development fees. The purpose of submitting zoning plans is to clearly distinguish properties that will not be subject to ownership registration under this law and that will instead become public property.

After the local governments submit their zoning plans, a 60-day period begins (until February 6, 2026) during which owners may, through a digital platform, submit applications to register their buildings and ownership rights. An application must be submitted for each property separately.

For individuals who, for justified reasons, do not submit their applications within that period, an additional one-year grace period is provided for late submission.

The law specifies how procedures differ depending on the ownership of the land:

• If a building is constructed on publicly owned land, ownership of both the building and the land beneath it will be registered;
• If the building is constructed on the applicant’s own land, ownership registration proceeds without obstacles, after verification of the evidence. The same applies to registered usage rights;
• If the building is constructed on land privately owned by another person and the applicant cannot provide proof of ownership of that land, the Agency will notify the applicant that the conditions for registration have not been met and instruct them to resolve the ownership issue before the competent authority within five years. If, within that period, the building owner fails to establish ownership rights, the landowner may request the building’s removal;
• If the land is owned by a socially owned enterprise in bankruptcy, and the applicant has submitted an act of the competent authority or another document confirming acquisition of rights to the land (not sufficient for registration in the real estate cadaster), the Agency may issue a confirmation of ownership registration for the building, with a note obliging the owner to register land ownership within five years;
• In cases where multiple applications are filed for the same property, the Agency will confirm ownership for the applicant who provides undisputed proof of ownership. If ownership cannot be determined, the applicants will be instructed to resolve the ownership status of the land and building before continuing the registration process.

After verifying the data, the Agency issues a confirmation based on which the Republic Geodetic Authority (RGZ) directly registers ownership rights.

It is also provided that the RGZ will process these registrations as a priority, without issuing administrative decisions and without charging fees, ensuring faster and more efficient implementation.

Investors will pay a land development fee, while citizens will pay a special fee ranging from €100 to €1,000, depending on the zone and type of building. Certain categories – including persons with disabilities, war veterans, families with three or more children, single parents, and social assistance beneficiaries – are exempt from payment.

It remains to be seen whether the law will be implemented efficiently and digitally in practice, or whether its application will raise new questions in the execution of this public-interest measure of special importance for the state.