The right of foreign persons (natural and legal) to acquire ownership of real estate within the territory of the Republic of Serbia, through legal transactions inter vivos (sale and purchase agreement, gift agreement, lifetime maintenance agreement, etc.) and legal transactions mortis causa (by inheritance), is regulated by the Law on the Basic Property Relations (“Official Gazette of the SFRY”, Nos. 6/80 and 36/90; “Official Gazette of the FRY”, No. 29/96; and “Official Gazette of the Republic of Serbia”, No. 115/2005 – other law – hereinafter: the Law).
Acquisition through Legal Transactions between Living Persons (Inter Vivos)
Foreign Natural Persons – Conditions for Acquiring Ownership of Real Estate in the Republic of Serbia
Article 82a of the Law stipulates that foreign natural persons, subject to reciprocity:
- If they carry out an activity in the Republic of Serbia, they may acquire ownership rights over real estate in the Republic of Serbia that is necessary for the performance of that activity (paragraph 1); and
- If they do not carry out an activity in the Republic of Serbia, they may acquire ownership rights over an apartment or residential building under the same conditions as citizens of the Republic of Serbia (paragraph 2).
Foreign Legal Persons – Conditions for Acquiring Ownership of Real Estate in the Republic of Serbia
Article 82a of the Law provides that foreign legal persons, subject to reciprocity, and provided that they carry out an activity in the Republic of Serbia, may acquire ownership rights over real estate in the Republic of Serbia that is necessary for the performance of that activity (paragraph 1).
Reciprocity
The Law does not regulate the type of reciprocity required for the acquisition of ownership rights over real estate in the Republic of Serbia. The prevailing view is that, for the acquisition of ownership rights over real estate in the Republic of Serbia, contractual (diplomatic) reciprocity doesn’t need to exist with the relevant foreign state. Rather, it is sufficient that the legislation of that state permits foreign persons to acquire real estate under conditions that are not substantially more restrictive than those prescribed by the domestic Law, and that, in practice, citizens of the Republic of Serbia are allowed to acquire real estate within the territory of that state (de facto reciprocity).
The Republic of Serbia has established contractual reciprocity with only a small number of states regarding the acquisition of ownership rights over real estate by natural persons through in vivo legal transactions, based on treaties on trade and navigation. In some of these treaties, reciprocity is expressly agreed upon, while in others it exists through the application of the most-favoured-nation clause. The Republic of Serbia has established contractual reciprocity with the following states: the United Kingdom, the United States of America, the Kingdom of the Netherlands, and Japan.
With regard to other states with which reciprocity has not been established by treaty, the Ministry of Justice of the Republic of Serbia has, on the basis of the legislation of the respective states governing this matter, or through the exchange of diplomatic notes, determined the existence of reciprocity with the following states: Argentina, Australia, Austria, Bahrain, Belize, Belgium, Belarus, Bosnia and Herzegovina, Brazil, the British Virgin Islands, Bulgaria, the United Kingdom, Greece, Denmark, the Dominican Republic, Egypt, Israel, Iran, Ireland, Italy, Japan, Armenia, the Republic of South Africa, Jordan, the Republic of Kazakhstan, Canada, China, Cyprus, Lebanon, Latvia, Lithuania, Liechtenstein, Luxembourg, Hungary, Malta, Morocco, Mexico, Moldova, Germany, New Zealand, Norway, Panama, Peru, Poland, Portugal, the Russian Federation, Romania, the United States of America, Singapore, Syria, Slovakia, Slovenia, Turkey, Uzbekistan, Ukraine, Finland, France, the Netherlands, Croatia, Montenegro, the Czech Republic, the Swiss Confederation, Sweden, Spain, the United Arab Emirates, Azerbaijan, El Salvador, Qatar, Cuba, Senegal, Yemen, Georgia, Colombia, the Republic of Korea, Sri Lanka, the Democratic Republic of the Congo, Zambia and Algeria.
Concerning states not listed above, clarification concerning reciprocity must be requested from the ministry competent for justice matters, namely the Ministry of Justice of the Republic of Serbia. Clarification on reciprocity may be requested by a court or another authority before which the issue of reciprocity arises (for example, the Real Estate Cadastre Service), as well as by any other interested person.
Opinion of the Ministry of Internal and Foreign Trade of the Republic of Serbia
Before the conclusion and notarisation (solemnisation) of an agreement for the acquisition of ownership rights over real estate in the Republic of Serbia, foreign natural or legal persons who carry out an activity are under a statutory obligation to obtain an opinion from the Ministry of Internal and Foreign Trade of the Republic of Serbia as to whether the type of real estate being acquired under the agreement is necessary for the performance of the activity of the foreign natural or legal person.
Acquisition of Ownership Rights over Agricultural Land
Agricultural land, within the meaning of the Law on Agricultural Land (“Official Gazette of the Republic of Serbia”, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law), means land used for agricultural production (arable land, gardens, orchards, vineyards, meadows, pastures, fishponds, reed beds and marshes), as well as land that may be designated for agricultural production.
The provisions of the Law on Agricultural Land (“Official Gazette of the Republic of Serbia”, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law) expressly stipulate that a foreign natural or legal person may not be the owner of agricultural land, unless otherwise provided by this Law in accordance with the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (“Official Gazette of the Republic of Serbia – International Agreements”, Nos. 83/08 and 12/14 – hereinafter: the Agreement).
Pursuant to the provisions of Article 72đ of the Law on Agricultural Land (“Official Gazette of the Republic of Serbia”, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law), it is prescribed that a national of a Member State of the European Union may, in accordance with the Agreement, acquire privately owned agricultural land through a legal transaction, with or without consideration, provided that he or she:
- Has had permanent residence for at least ten years in the local self-government unit where the agricultural land transaction is carried out;
- Has cultivated for at least three years the agricultural land that is the subject of the legal transaction, whether for consideration or free of charge;
- Has had a registered agricultural holding in active status as the holder of a family agricultural holding, in accordance with the law governing agriculture and rural development, without interruption for at least ten years;
- Owns agricultural machinery and equipment necessary for carrying out agricultural production.
The subject matter of a legal transaction by which a national of a Member State of the European Union acquires privately owned agricultural land, with or without consideration, in accordance with the Agreement, may be privately owned agricultural land provided that it:
- Is not agricultural land designated as construction land in accordance with a special law;
- Does not form part of protected natural assets;
- Does not belong to or border a military facility or military complex, is not located within protective zones surrounding military facilities, military complexes, military installations or military infrastructure, and does not belong to or border the territory of the Ground Safety Zone;
- Is located more than 10 km from the border of the Republic of Serbia;
- Has a surface area not exceeding 2 hectares.
Compliance with the above-mentioned conditions set out in Article 72đ of the Law on Agricultural Land (“Official Gazette of the Republic of Serbia”, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law) is determined by the minister responsible for agricultural affairs.
The provisions of paragraph 4 of Article 72đ of the Law on Agricultural Land (“Official Gazette of the Republic of Serbia”, Nos. 62/2006, 65/2008 – other law, 41/2009, 112/2015, 80/2017 and 95/2018 – other law), according to which the subject matter of a legal transaction may not be privately owned agricultural land located within a distance of up to 10 km from the border of the Republic of Serbia, shall not apply in cases of restitution of property carried out in accordance with the laws governing the return of confiscated property to former owners.
The Republic of Serbia has a right of pre-emption in respect of privately owned agricultural land that is the subject matter of a legal transaction by which a national of a Member State of the European Union acquires privately owned agricultural land, with or without consideration, in accordance with the Agreement.
Acquisition of Ownership of Real Estate through Legal Transactions Mortis Causa
Article 82b of the Law provides that foreign natural persons may, subject to reciprocity, acquire ownership rights over real estate located in the territory of the Republic of Serbia by inheritance, under the same conditions as domestic nationals.
Contractual Reciprocity
The acquisition of ownership rights over real estate in the territory of the Republic of Serbia with certain countries is regulated by bilateral treaties on legal assistance containing a national treatment clause, i.e., providing that nationals of one contracting state may inherit property in the territory of the other contracting state under the same conditions and to the same extent as domestic nationals. In this manner, contractual (diplomatic) reciprocity is ensured. Such a solution is contained in treaties on legal assistance, treaties on trade and navigation, or exists in practice with the following states: Austria, Belarus, Bosnia and Herzegovina, Bulgaria, the United Kingdom, Japan, Hungary, Mongolia, Poland, Russia, Romania, Ukraine, the United States of America, Slovakia, Montenegro, the Netherlands, Albania, Israel, Croatia, Canada, the Czech Republic, Slovenia and North Macedonia.
De Facto Reciprocity
For the acquisition of ownership rights over real estate in the territory of the Republic of Serbia by inheritance, the existence of contractual reciprocity is not required; de facto reciprocity is sufficient.
With regard to countries with which there is no contractual reciprocity concerning the acquisition of ownership rights over real estate by inheritance, the prevailing view is that reciprocity need not be established individually for each specific state. Rather, it is presumed that every state recognises the right of Serbian nationals to inherit real estate until proven otherwise. This means that foreign nationals may inherit real estate in the territory of the Republic of Serbia based on presumed de facto reciprocity, subject to the right of interested parties to prove the contrary.
Last update: 23. 2. 2026.
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