IndustriesReal estate and construction

Legal support in real estate and construction

We advise investors, contractors, landlords and owners of real property on acquisitions, permit procedures, construction contracts and asset management.

Contact us Areas of support
Cadastrethe principal register of rights in real property
3 phasesacquisition, construction and use of the property
Unified procedurethe electronic permitting process
Industry overview

Legal framework and procedures

Acquiring real property and building are governed by the rules on planning and construction, on property relations and on the registration of rights, with separate rules for foreign persons and agricultural land.

Permits are issued in the unified procedure, and delays most often stem from unsettled title, inconsistency with planning documents and incomplete technical documentation.

Planning and constructionLocation conditions, construction and occupancy permits.
Registration of rightsProceedings before the cadastre.
Property and limited rightsEasements, mortgages and leases.
Foreign personsConditions for acquisition and reciprocity.
EnvironmentImpact assessment and approvals for certain buildings.
Taxes and dutiesTransfer tax, value added tax and property tax.
Our services

Most common areas of support

Six areas in which real estate clients most often ask for legal support.

01

Due diligence and acquisition

  • Review of title and encumbrances on the property.
  • Analysis of planning documents and development potential.
  • Sale and purchase and exchange agreements.
  • Preliminary agreements, deposits and security.
  • Registration of rights and dealings with the cadastre.
02

Permits and construction procedures

  • Obtaining location conditions and the construction permit.
  • Notification of works, technical inspection and occupancy permit.
  • Legalisation of buildings.
  • Approvals from authorities and utility connections.
  • Representation before competent authorities.
03

Construction contracts

  • Design and works contracts.
  • Supervision and project management agreements.
  • Deadlines, contractual penalties and warranties.
  • Handling defects and claims for extension of time.
  • Insurance and allocation of risk among participants.
04

Leases and asset management

  • Commercial and residential lease agreements.
  • Rent and service charge arrangements.
  • Rules on condominium ownership and building management.
  • Facility management and maintenance contracts.
  • Termination of the lease and return of possession.
05

Financing and transactions

  • Mortgages and other security.
  • Due diligence of real estate portfolios.
  • Sale of project companies and transfer of contracts.
  • Investment structuring and co-investor arrangements.
  • Tax aspects of transfer and use of property.
06

Disputes

  • Disputes over ownership and interference with possession.
  • Disputes under construction contracts and damages.
  • Lease disputes and eviction.
  • Proceedings following inspection findings and demolition.
  • Expropriation and compensation.
How we work

What working with us looks like

Four stages, from due diligence to support in use of the property.

01

Regulatory analysis

We establish which licences, approvals and documents the proposed business model requires.

02

Documentation

We prepare contracts, internal acts and policies and coordinate procedures before the competent authorities.

03

Implementation

We represent the client in proceedings and negotiations through to a decision or the signing of the contract.

04

Ongoing support

We track legislative changes, supervisory procedures and the obligations that arise during operations.

Common questions

Questions clients ask

What does real estate due diligence cover?

Registered rights and encumbrances, the history of acquisition, planning conditions, the status of buildings and any proceedings relating to the property.

May foreign persons buy real property in Serbia?

Foreign legal and natural persons may acquire real property subject to reciprocity, with separate rules for agricultural land.

How long does a construction permit take?

The procedure is conducted electronically in the unified procedure and the periods are prescribed by stage. Overall duration depends mostly on the readiness of the technical documentation.

What if the contractor misses the deadline?

Contractual penalties and the rules on damages apply, unless the deadline was extended in the manner set out in the contract. Records of the causes of delay are therefore essential.

Is a lease registered?

Registration is not always mandatory, but it is advisable for long-term leases because it gives the tenant stronger protection against third parties.

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Next step

How can we help?

Describe your matter and we will point you to the lawyer who leads that industry.

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