Can a foreigner buy an apartment or house in Serbia?

Yes, subject to reciprocity and standard conveyancing steps: written contract, notary certification, and registration in the Real Estate Cadastre.

What is the reciprocity requirement?

Foreign buyers may purchase under conditions comparable to those that allow Serbian citizens to buy in the buyer’s country. Reciprocity can be diplomatic or factual.

Is agricultural land available to foreigners?

Agricultural land is generally restricted for foreign individuals. Obtain case-specific legal advice before any binding agreement.

Is notary certification required for the contract?

Yes. The sale and purchase agreement must be in writing and certified by a notary with local jurisdiction over the property’s area.

When does ownership transfer legally occur?

Ownership is legally acquired upon registration in the Real Estate Cadastre. Notarization alone is not sufficient.

Who submits documents to the Cadastre?

Public notaries submit eligible notarized documents electronically to the Cadastre within the statutory timeframe.

What tax applies to resale transactions?

A property transfer tax applies to most resales. Filing and payment deadlines are set by law. Parties may allocate who pays, but the statutory rules apply.

How are new developments taxed?

The first transfer of a new residential unit is generally subject to VAT instead of the property transfer tax. Commercial units and garages may carry a higher VAT rate.

Are there registration fees?

Yes. Cadastre registration and notary fees apply in addition to taxes. Certified translations may also be required.

Can a company buy real estate in Serbia?

Yes, if legal conditions are met. Corporate buyers provide incorporation documents, UBO information, and signatory authority evidence.

What due diligence should buyers perform?

Check title, encumbrances, mortgages, zoning, building permits, utilities, and seller identity. Obtain current Cadastre extracts.

Do buyers need to be present in Serbia?

Not necessarily. A properly notarized and legalized power of attorney can allow a representative to act on behalf of the buyer.

How are funds verified?

Provide a clear source of funds and bank trail. Payments should be made through regulated financial channels.

What if encumbrances are found?

The parties must resolve them before or at closing. Releases and pay-offs should be documented so clean title can be registered.

Are gifts and inheritances available to foreigners?

Yes. Foreigners may acquire property inter vivos (sale or gift) or mortis causa (inheritance) under Serbian law and applicable international rules.

What translations or legalizations are needed?

Documents in other languages may require certified translation into Serbian and, where applicable, apostille or consular legalization.

Is title insurance common practice?

It is not a statutory requirement and market use varies. Proper due diligence and Cadastre registration are the primary protections.

How are disputes resolved?

Serbian courts have jurisdiction where provided by law or contract. Valid arbitration clauses may be used in cross-border deals.

What ongoing taxes apply after purchase?

Owners are subject to local annual property tax. Rental income and capital gains, if applicable, are taxed under Serbian tax law.

How can foreigners buy real estate property in serbia?

by KNOWLEDGE CENTER | Jan 2, 2023 | Real estate

Serbia is primarily known for its low real estate prices and quite simple procedure for the transfer of ownership, and in respect of this, the Serbian real estate market is expanding and highly attractive for foreign investors who want to purchase real estate in Serbia.

Serbian citizens can buy property in their home country without any restrictions, and the same goes for foreigners if they fulfill certain requirements. Foreign individuals and legal entities can easily obtain property in Serbia if the said property is necessary for their business. Foreigners can also easily acquire houses and apartments even if they are not conducting business operations.

How to purchase a property in Serbia

According to Serbian laws (the purchase of a property in Serbia, made under the provisions stipulated by the Property Law Relations of 1996), there are two conditions under which foreign individuals and legal entities can purchase a property in Serbia:

buying real property for the purpose of business activity
reciprocity.

What is reciprocity?

Reciprocity signifies the right of foreign individuals and legal entities to buy real estate in the Republic of Serbia under the same circumstances which are required by the citizens of the Republic of Serbia when buying real estate in their country. The reciprocity can be diplomatic or factual.

Diplomatic reciprocity implies Serbia and the other country have concluded a bilateral agreement governing the issue of acquiring real estate by foreigners.
Factual reciprocity implies that the law of the country in question enables citizens of the Republic of Serbia to acquire real estate under the same circumstances as citizens of that country are allowed to acquire real estate in Serbia.

It is essential to obtain a legal opinion from the Ministry of Justice of Serbia on reciprocity.

The process involved in buying a property in Serbia

Perform due diligence and decide on the property

The initial thing to do is to check whether citizens of your country are authorized to gain ownership over property in the Republic of Serbia and under which conditions. To do this, you must check whether there is a finished bilateral agreement between the Republic of Serbia and your country that governs the issue of obtaining the property of a national of that country in another country. Your Damalion expert can help in this aspect.

Next is finding the property to buy and after finding the property suitable for you, it is necessary to perform legal due diligence on the property. You should check whether there is an encumbrance or mortgage associated to the real estate. Your Damalion expert can also assist in this area.

Drafting a real estate sale and purchase agreement

After performing due diligence on the property in the matter, a real estate lawyer who works in the field of real estate law is required for the drafting of a real estate sale and purchase agreement. Once the applicable parties agree on the price, method of payment, and the deadline for the transfer of the property into possession, the lawyer will be the one who will put the seller’s and buyer’s wishes on paper.

Solemnization before the Notary Public

After the parties have consented to all terms, it is essential to schedule the notarization-solemnization of the sale and purchase agreement, before the Notary Public.

The Notary Public will inform the parties about their rights and responsibilities related to the agreement. The public notary must have jurisdiction on the area where the property is situated. The seller and the buyer will be present before the public notary and sign the purchase agreement.

After the solemnization of the purchase agreement before the public notary, the seller must submit a tax application for paying stamp duty (property transfer tax).

Payment and transfer of the property

Next, the buyer will pay the agreed purchase price, and the seller will transfer the property on the real estate into the possession of the buyer.

Final procedure before the Real Estate Cadaster

After the solemnization of the Purchase Agreement and receiving the permission for registering the ownership of the real estate (clausula intabulandi) from the seller, Notary Public will send the Purchase Agreement and other necessary documents to the Real Estate Cadaster to register the ownership of the Real Estate (this does not require any activity from the seller or the buyer).

The Cadastral register of the Republic of Serbia will decide within 15 days starting on the day of submitting the application. If the application was approved by the Cadastral register of the Republic of Serbia, the buyer will now officially become the owner of the property.

The costs on the buyer’s side for buying real estate property in Serbia

The cost of buying a property in Serbia will depend on the value of the property itself. But in addition to the purchase price and the simultaneous bank transfer fees, the extra expenses that the buyer needs to bear in mind when it comes to the actual transfer of ownership are the absolute rights transfer tax, attorney’s fees, and the fee for notarization-solemnization of the Real Estate Sale and Purchase Agreement before the Notary Public.

What’s more, you don’t have to be present in Serbia to buy a real estate property, this can be done with the help of your Damalion expert.

Contact your Damalion expert now if you plan on buying a property in Serbia.

How can foreigners buy real estate property in Serbia — rules, documents, taxes, due diligence, and clean registration with the Real Estate Cadastre.

For private buyers, entrepreneurs, family offices, holding companies, and international investors • Damalion helps you scope the file, prepare documents, and coordinate providers. Acceptance and timing remain at the authorities’ and counterparties’ discretion.

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Key points at a glance

Foreigners may buy apartments, houses, and commercial units if legal conditions are met (including reciprocity). Agricultural land is generally restricted.
Contracts are written and certified by a notary public. Registration with the Real Estate Cadastre finalizes ownership.
For resales, a property transfer tax usually applies. For new builds from a developer, VAT may apply instead of transfer tax.
Clear funds, clear title, and accurate seller identity reduce the risk of delays.

Documents usually required

Valid passport/ID and current proof of address.
Tax residency details (TIN). Disclose US indicia where relevant.
Proof of funds and banking trail. If using a loan, provide the loan agreement.
For companies: certificate of incorporation, articles, good standing/registry extract, UBO chart, signatory powers.
Real estate details: title extract, encumbrance/mortgage statement, cadastral data, technical info.
Purchase agreement for notarization and later registration.
Certified translations/apostilles if requested.

What foreigners can typically buy

Asset	Typical position	Notes
Apartments / houses	Generally permitted	Subject to reciprocity and clean title.
Commercial units / offices	Generally permitted	Check zoning and intended use.
Land (urban plots)	Case-by-case	Pay attention to planning and rights of use.
Agricultural land	Restricted	Special rules. Seek legal advice before commitment.

From offer to registered ownership

Check reciprocity and buyer eligibility for your nationality.
Do legal due diligence: title, encumbrances, seller identity, building permits.
Agree terms and draft the sale and purchase agreement.
Notary certification (solemnization) in the property’s local jurisdiction.
Pay price and taxes/fees as applicable.
Register ownership with the Real Estate Cadastre (final step).

Taxes and fees

Property transfer tax for resales (rate set by law).
VAT may apply on the first transfer of new units (rate depends on asset type).
Notary and registration fees, legal fees, translation costs.
Local annual property tax after acquisition.

Frequently asked legal questions

1) Can a foreign individual buy an apartment in Serbia?

Yes, if legal conditions are met, including reciprocity with the buyer’s home country. The purchase must be certified by a notary and registered in the Real Estate Cadastre to complete ownership.

2) What is the reciprocity rule?

It means foreigners may acquire real estate in Serbia under conditions comparable to those that allow Serbian citizens to acquire real estate in the foreigner’s country. A formal or factual reciprocity may apply.

3) Can foreigners buy agricultural land?

Agricultural land is generally restricted for foreign individuals. Specific situations may exist, but legal advice is necessary before any commitment.

4) Is notarization mandatory?

Yes. The sale and purchase agreement must be in writing and certified by a notary public who has jurisdiction over the property’s location.

5) When do I become the legal owner?

You become the legal owner when the transfer is registered in the Real Estate Cadastre. Notarization alone is not sufficient.

6) Who files documents with the Cadastre?

Notaries are required to submit notarized real estate documents electronically to the Cadastre within a set timeframe. Registration then proceeds under Cadastre rules.

7) What taxes apply to a resale purchase?

A property transfer tax generally applies to resales. Rates and deadlines are set by law and may be updated from time to time.

8) What taxes apply to a new unit from a developer?

The first transfer of new residential units usually falls under VAT rules rather than the property transfer tax. Commercial units and garages may carry a different VAT rate.

9) Who pays the transfer tax?

Law sets the taxpayer. In practice, parties may allocate payment by agreement. Always follow the statutory filing and payment deadlines.

10) Are company buyers treated differently?

Companies can acquire real estate if legal conditions are met. Provide incorporation documents, UBO chart, and signatory powers. Additional checks may apply for cross-border structures.

11) How long does Cadastre registration take?

Processing times are set by law and practice. After complete filing, a decision is issued within the legal deadline. Timeframes may vary by case.

12) What due diligence is essential?

Verify title, encumbrances, liens, mortgages, zoning, permits, building use, utilities, seller identity, and compliance. Obtain fresh extracts from the Cadastre.

13) Do I need to be in Serbia to complete the purchase?

No. A properly drafted and notarized power of attorney can allow representation, subject to translation and legalization rules where applicable.

14) How are funds tracked?

Provide clear source of funds and bank statements. Use regulated channels for payments. Keep a complete audit trail for the notary, tax authority, and bank.

15) What if the seller has debts or a mortgage?

The transaction must address encumbrances. Settlement, releases, and pay-offs should be documented so clean title is registered to the buyer.

16) Are inheritance and gifts allowed to foreigners?

Foreigners may acquire property inter vivos (sale/gift) or mortis causa (inheritance) according to Serbian law and applicable international rules.

17) What translations or apostilles are required?

Documents in other languages may need certified translation into Serbian and, where relevant, an apostille or legalization per Serbia’s rules.

18) Is title insurance used?

Practice varies. It is not a statutory requirement. Legal due diligence and proper notarial/cadastre procedures are central to title protection.

19) How are disputes handled?

Contract terms and Serbian law govern. Courts in Serbia have jurisdiction when agreed by law or contract. Arbitration may be used if the clause is valid.

20) What ongoing taxes exist after purchase?

Owners pay local annual property tax. Rental income, if any, is taxed under Serbian tax rules. Seek tax advice tailored to your situation.