The Law on the Registration Procedure with the Cadastre of Real Estate and Utilities (the “Law“) entered into force on 8 June 2018. The Law aims to introduce significant innovations, primarily concerning the method of filing applications and documents with the cadastre and the relation between the cadastre and other authorities, as well as deadlines for rendering decisions. This, so far, time consuming and complicated procedure is expected to be accelerated and simplified by introducing the obligation for various authorities to submit their documents to the cadastre electronically, ex officio, within short deadlines.
The main reasons for the adoption of the Law are increasing the efficiency of the Real Estate Cadastre and simplifying the registration procedure by prescribing the possibility of submitting a request for registration via e-Service.
Who can initiate the registration procedure?
The registration procedure can be initiated by public notaries, courts, bailiffs and other authorities by filing a request for registration at the Real Estate Cadastre Office (“Cadastre“). The deadlines to file and submit documents are short. The procedure can also be initiated upon the client’s request, which can be submitted via e-service.
Where is the procedure initiated?
The procedure is initiated online, via an e-service which is a unique central system through which submissions, evidence and acts during the process of registration before the Cadastre are submitted in form of an electronic documents.
The submission of a request for registration in paper form remains an option until 31 December 2020. The Cadastre is obliged to digitalize such documentation as well as to confirm that digitalised copies are identical to the originals by using an electronic qualified signature, in which way the copy has the same legal effect as the original.
As an exception, there will be option to submit hard copies of appeals and other legal remedies, along with related evidence, even after 31 December 2020.
What is the new procedure?
After delivering the documents to the Cadastre, the registration procedure is initiated. The Cadastre delivers the documents to the Tax authority and the local self-government unit.
In the next step, the Cadastre verifies if the formal conditions for registration are met and renders a resolution by which a change is registered.
This way, the Law introduces a higher degree of responsibility for public notaries and other bodies who issue, confirm, certify or verify documents which represent a title for registration – as the Cadastre is not obliged to verify whether statutory regulations are violated with such documents.
In case where statutory regulations are violated by document, the Cadastre will perform the registration based on that document but it will immediately inform the competent authority and public prosecutor, if needed, in order to initiate the appropriate procedure for annulment.
Where can the Excerpt from the Land Registry be issued?
Apart from the Cadastre, public notaries and entities registered in the Register of Geodetic Organizations will be authorised to issue excerpts from the Land Registry.
What is the final deadline for the application of the Law?
Public notaries are obliged to start the implementation of the Law from 1 July 2018, the courts from 1 January 2020, and other authorities from 1 November 2018.
Other significant changes
Real Estate unique identification number
A unique identification number for every real estate on the territory of Republic of Serbia is established and registered before the Cadastre in order to increase the reliability of information.
Pre-notation of facilities and separate parts of facilities under construction
The pre-notation of facilities and separate parts of facilities under construction is not registered in the excerpt from the Land Registry, but in a special pre-notation sheet or separate parts of the facilities under construction registry sheet, without a time limitation for pre-notation.
Some of the new notations introduced by the Law include:
- the existence of a concession agreement;
- the change of the ownership determined by in the land consolidation procedure;
- the procedure of annulment or the revoking of a document based on the which registration was performed;
- registration is granted based on an agreement certified before the court more than 20 years ago; and,
- pledges on movable property which can influence the future acquisition of rights to real estate.
The registration of utilities is initiated upon the investor’s request or that of another authorised person and ex officio if a study of geodetic works is done by a competent authority, in accordance with construction law.
Same provisions of this Law related to the notation, pre-notation, competency for registration, registration procedure and court protection are applicable to the utilities register.