Ownership rights to real estate are acquired through registration in the cadastre. A sale and purchase agreement for an apartment serves as merely the basis of acquisition (iustus titulus); however, the mode of acquisition (modus acquirendi) is essential, which involves registration in the cadastre. Various issues may arise if an apartment is not registered in the cadastre, as ownership is conferred only upon registration in the real estate cadastre.

The required documentation and procedure depend on each specific case. Primarily, it is necessary for the building in which the apartment is located to be registered in the real estate cadastre before the apartment itself can be registered. The procedure differs based on whether the building was constructed before regulations on building structures, whether the construction has building permit and inspection acceptance certificate, or if the construction was done illegally. For a new building with issued construction and inspection acceptance certificate, the competent authority in the unified procedure submits documents for the registration of the building in the real estate cadastre. However, for a building that is not considered a new construction, it is mandatory to obtain a certificate from the municipal department for construction works, which include apartment's square footage, room count, and floor level, for registering the apartment in the cadastre. If the competent authority is unable to issue such a certificate, information about the apartment can be registered based on the findings and opinions of a permanent court expert in the field of construction.

Electronic counter for property registration in the cadastre: innovations in serbian administration

The introduction of the digital era into administrative processes is inevitable, and the latest amendments to the laws on the procedure of registration in the real estate cadastre and infrastructure in Serbia reflect this trend. These changes bring significant innovations for all stakeholders in the real estate market, from citizens to professionals. Primarily, the Republic Geodetic Authority has streamlined the business process of document submission and application filing for registration in the real estate cadastre by introducing the eCounter information system. The law stipulates that only authorized professional users of the eCounter system are exclusively eligible for submitting requests for registration in the real estate cadastre. Professional users, including lawyers with a concluded access and usage agreement for the eCounter system, have a secure and efficient means of electronic communication and submission of requests in the form of electronic documents for property registration and issuance of real estate cadastre data. The Electronic Counter for property registration contributes to efficiency, transparency, and process acceleration, reducing bureaucracy and enabling faster access to information.

One of the key changes is that an increasing amount of data will be accessible in digital format, enhancing both efficiency and transparency. Moreover, the new law introduces a system of a unique property identification number, facilitating searches and reducing the possibility of errors.

This innovation not only expedites processes but also enhances transparency and facilitates record-keeping for real estate. The Electronic Counter represents a crucial step toward a modern, efficient administration that reflects the needs of citizens in the digital age.

If you need to register your property in the real estate cadastre, we are at your disposal to provide expert support and legal services tailored to your specific need.