Buying an apartment under construction is often one of the most exciting yet most stressful experiences in life. Many opt for “paper” apartments because they are more affordable, more modern, and offer more customization options… but then questions arise: am I really the owner? Can I register in the cadastre? How can I legally protect myself if nothing is finished yet
In this text, we will guide you through the legal steps you need to take after purchasing an apartment under construction in order to register as the owner and protect your rights.
1. Pre-contract or Reservation Agreement – Does That Mean You Are the Owner?
The answer is – no. Most buyers first sign a reservation agreement or a pre-contract. These are legal acts that obligate you to later enter into the main purchase agreement, but based on them you cannot become the owner in the cadastral sense. Namely, to be registered as the owner, a legal basis with the power of registration (uknjižba) is required – most often this is a notarized (solemnized) purchase agreement concluded only after the completion of construction and division into separate units (etažiranje).
2. Can an Apartment Under Construction Be Registered in the Cadastre at All?
Not immediately.
For an apartment to be registered in the cadastre, the following must be fulfilled:
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The building must be legalized and registered as a separate unit (the building must have a use permit)
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The building must be divided into separate units (etažiranje) – i.e., divided into apartments, garages, commercial spaces
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You must have a notarized purchase agreement with a clausula intabulandi (registration clause)
As long as the building has not been divided into separate units and there is no possibility of registering separate parts, you cannot be registered as the owner of the apartment. At best, you can request the recording of the pre-contract (zabeležba predugovora) – see point below.
3. What Can You Do While Waiting – Recording of the Pre-Contract (Zabeležba predugovora)
The recording of the pre-contract in the cadastre is done based on a solemnized pre-contract. This is not the same as ownership registration, but it is an important form of legal protection.
In this way:
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It marks that there is a future buyer for that apartment
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Third parties cannot easily purchase “your” apartment because it is visible that a prior right exists
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Your position is strengthened in the event of a dispute with the investor
This recording can be submitted by a notary, an attorney, or the buyer themselves, with the appropriate documentation.
4.When Can You Finally Be Registered as the Owner?
After the completion of construction, the investor is obliged to:
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Obtain a use permit
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Carry out the division into separate units (etažiranje)
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Conclude with the buyer a purchase agreement containing the clausula intabulandi (registration clause)
Tek tada možete, uz pomoć advokata ili notara, podneti zahtev za upis prava svojine u katastar nepokretnosti.
Only then can you, with the help of an attorney or notary, submit a request for registration of ownership rights in the real estate cadastre. The request is submitted by a professional user – a notary, attorney, or geodetic organization – as citizens can no longer submit registration requests on their own through the e-counter.
5. What If the Investor Refuses to Sign the Agreement or Does Not Complete the Works?
This is a common problem. If you have purchased an apartment and the investor:
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Does not complete the building
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Does not obtain a use permit
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Refuses to sign the final agreement
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Sells the same apartment multiple times
.then you need to engage an attorney as soon as possible. It is possible to initiate litigation to establish ownership rights, terminate the contract, claim damages, or propose interim measures. The sooner you react, the greater the chances of protecting both the apartment and your money.
6. How Can an Attorney Help You?
An attorney can:
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Review all documentation before you purchase the apartment
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Draft or review the pre-contract/agreement
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Execute the recording of the pre-contract (zabeležba predugovora)
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Handle the registration procedure
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Contact the investor on your behalf
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Represent you in any dispute or litigation
By engaging an attorney, you protect yourself from fraud, delays, and legal uncertainty.
Buying an apartment under construction is a serious legal matter. If you want to one day truly become an owner registered in the cadastre, you need to know what your rights are, what your obligations are – and when you need legal assistance.
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