Legalization and regularization actually differ. The process of legalization and the process of regularization, although both lead to the registration and legalization of properties in the real estate cadastre, have the end result of “inserting” properties into legal flows, with the cost advantage on the side of regularization.

Through the legalization process, a building or usage permit was subsequently obtained, which allows for subsequent registration in the real estate cadastre through the regular procedure. The usage permit guarantees the safety of using the constructed property, which was enabled by legalization.

Through the regularization process, however, no building or usage permit is subsequently issued, but the resolution on regularization itself grants the right to register in the real estate register. Through regularization, with the help of the resolution, the illegally constructed property is inserted into legal flows.

The process of regularizing properties

The application for regularization could be submitted for illegally constructed properties until January 29, 2016. A condition for the regularization process was the visibility of the property on the satellite image of the territory of the Republic of Serbia from 2015. Checking visibility on that image is mandatory for all properties subject to regularization. All properties constructed without a building permit or a resolution approving the execution of works after November 27, 2015, are not subject to regularization, and the competent authority – the construction inspector for those properties issues a Decision on demolition (in accordance with the Law on Planning and Construction).

With the amendments to the Law on Regularization (in 2018), the regularization process begins only when the competent authority determines and delivers a notification about the visibility of the property on the satellite image to the authority responsible for regularization. At the beginning of the process, the competent authority examines the fulfillment of conditions for regularization. The first step in the regularization process is the preparation of a report on the existing condition (degree of completion of the property) – only properties that have a formed structural system (foundations, reinforced columns, roof structure) can be subject to regularization. Second, the property must comply with the planning document in terms of purpose and number of floors.

Properties built on land that is not suitable for construction or properties built from materials that do not guarantee durability and stability, safety of the property cannot be subject to regularization. The competent authority, in the regularization process, checks whether the property was subject to legalization in accordance with previously valid regulations and whether a Decision rejecting the request for legalization was made. After establishing the legal basis of the owner of the illegally constructed property, a report of the executed works is submitted, and after paying the fee, a resolution on regularization is issued based on which the illegal property becomes legal.

Can you sell a property that is not regularized?

No, the sale of properties that are not regularized cannot be subject to sale.

All properties built without a building permit or a resolution approving the execution of works after November 27, 2015, will be registered with a PERMANENT note of prohibition of alienation, and such a property cannot be traded, but will be demolished!

The agency “Heroldo Real Estate” provides the service of Regularization and legalization of illegally constructed properties which, after “insertion” into legal flows, can be subject to trading in the real estate market.

Check the offer of houses and apartments from our agency, choose according to your requirements, and leave the paperwork to the agency and experienced agents.