Contracts for the purchase and sale of real estate are quite complex contracts, the conclusion of which should be particularly careful while taking care that the contract is concluded in accordance with the provisions of the Law on Obligations, the Law on the Basis of Ownership and Proprietary Relations and the Law on Transfer of Immovable property.
In today’s real estate market, especially in the territory of Belgrade, every real estate purchase represents a certain stress and risk, which is especially true when it comes to the purchase of unregistered real estate. Namely, although the purchase of real estate that is not registered in the Real Estate Cadastre represents a kind of risk, this does not mean that such purchases should be completely avoided, because the aforementioned risk can be reduced to a minimum if the procedure is carried out in an adequate manner and certain conditions are met.
What distinguishes this type of real estate transaction is the fact that the procedure is somewhat more complicated due to the additional documentation that needs to be obtained, as well as the fact that such real estate is sold at a significantly lower price precisely because it is unregistered.
Therefore, if there is an intention to sell real estate that has not been legalized, i.e. registered, in order to be able to sell it, in addition to the Purchase Agreement, which must be drawn up in accordance with the laws listed above, additional documentation must be submitted to the public notary:
* The complete property-legal sequence of documentation to the first owner (or the sequence that proves the connection with the owner of the land);
* Certificate from the Secretariat for Legalization of Buildings, which confirms that a request for legalization, i.e. legalization, has been submitted for the real estate in question;
* Extract from the project of the derived state in order to identify the object in question, its position, structure;
The public notary can, in addition to the already listed, request additional documentation, and if he determines that the entire submitted documentation is in order, he will approve the solemnization of the Agreement on the purchase and sale of the unregistered object in question.
