The registration of new buildings with the cadaster authority has become much easier since the State Geodetic Authority issued the directive under which the difference between the apartment size during the construction and in the final phase no longer requires annexes to the real estate purchase contract.
Public notaries support this directive and underline that it expedites and simplifies the registration procedure.
Apartments are now listed in the land registry with the area cited in the study of the geodetic works, filed alongside the exploitation permit, at the end of the construction.
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“The exploitation permit is a public document, issued by the competent authority, which proves the facts cited therein in the registration procedure,” the Chamber of Public Notaries says and adds:”It is issued after the technical examination of the building and entails, among other things, checking whether the construction work was in line with the building permit.”
Since the launch of the institution of the public notary in Serbia, contracts on the transfer of real estate rights are signed at the public notary, who is obliged to check the form and the content of the contract.
“The public notary is obliged to check the documentation and whether there is a ban related to the party or the piece of immovable property in question. Once we determine that there are no legal obstacles to signing the contract on the transfer of immovable property to the owner, we authorize the contract,” the Chamber of Public Notaries explains.
After the price is paid at the bank, the party returns to the notary, so that the seller would authorize the statement by which the purchaser is allowed to register its rights over the purchased real estate. On the same date, the public notary then sends the data necessary for the registration of ownership to the land registry. The decision on the registration is made by the State Geodetic Authority, based on the documents filed by the public notary, and is sent directly to the parties.
The procedure is now considerably simplified since the public notaries can now send the documents and the data to the competent service electronically.
Also, amendments to the Law on Property Legalization now prohibit the sale of apartments and houses that have not been legalized.
(Vecernje Novosti, 01.11.2019)
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