15. Jun 2018
The Law on the Real Estate and Lines Cadaster Registration entered into force on 8 June 2018 (The Official Gazette of The Republic of Serbia no. 41/2018) (hereinafter the Law). The subject Law adopts various changes regarding the procedure of registration in the Real Estate Cadaster and Lines Cadaster. Furthermore, it alters the provisions related to this matter, which have been prescribed by the Law on State Diameter and Cadaster.
One of the most significant novelties prescribed by the Law is submission of the application for registration of the rights in the Real Estate Cadaster electronically, throughout the so-called e-counter, by which the whole procedure of submission of the documents for the subject registration has been simplified in many ways. The Law stipulates the obligation to submit the application for registration in the Real Estate Cadaster electronically, through the e-counter.
Nevertheless, the possibility to submit the abovementioned application in a paper form will continue to exist until 31 December 2020.
Exceptionally, the appeal and other legal remedies, as far as the other evidences attached thereto, the parties can still submit in a form of a paper document (even after 31 December 2020).
A proof of payment of the republic administrative fee can be delivered by e-counter likewise if the payment has not been done electronically.
Furthermore, the Law introduces a novelty regarding the possibility of initiating the procedure for the registration in the Real Estate Cadaster ex officio by courts, public notaries, public enforcement officers, public administration bodies and other authorities and organizations which adopt, draft, verify or certify, in their official capacity, the documents that are used as a basis for the registration of the rights in the Real Estate Cadaster.
The abovementioned obligation of the public authorities does not exclude the possibility for the parties to submit by its own the application for registration in the Real Estate Cadaster via e-counter (apart from the cases excluded by the Law explicitly), but it certainly represents a big relief for the natural persons and legal entities as the possessors of the rights on immovable property. The decisions upon the applications for registration are rendered in a form of an electronic document and delivered to the parties via e-counter as well.
Authorities that are obliged to initiate the procedure of the registration in the Real Estate Cadaster ex officio, have to submit the application and documentation to the competent Real Estate Cadaster Agency via e-counter within rather short deadlines (for example, in case of public notaries, the deadline for submitting the application is 24 hours from the moment of compilation, verification, i.e. certification of the notarial act or from the day when the decision, which public notary rendered in course of entrusted assignment, became enforceable).
The Law has delegated one more authorization to the public notaries, which is the issuance of the excerpts from the Real Estate Sheet. The aforesaid excerpts will have the same reliability as if they were issued by the Republic Geodetic Authority itself. The same authorization will be given to the entrepreneurs and legal entities registered at the geodetic organizations registers.
It should be noted that the application of the certain provisions of the Law is postponed until the dates prescribed by the transitional and final provisions of the Law.
The provisions of the Law governing the registration in the Real Estate Cadaster shall be applied accordingly to the data registration, i.e. any data changes in the Lines Cadaster.
From all of the abovementioned, it is clear that the main achievements of the Law are brevity, rapidity and efficiency of the procedure of the registration in the Real Estate Cadaster. Additionally, by this modern registration procedure, the Law strives to prevent the accumulation of the documentation, elimination of the complicated actions and to become a time saver, simplifying the whole registration procedure.
Although the main idea and intention of the Law is aimed at more efficient and expedient functioning of the Real Estate Cadaster and although it has been voted under the patronage of vox populi, the essence of the Law will be recognized by the moment of its materialization and concretization in practice.