In the following text, we shall provide an overview of the most significant amendments to the Law on State Survey and Cadaster, as well as the Law on the Procedure of Registration in the Cadaster of Real Estate and Utility Lines. These changes were published in the Official Gazette of RS no. 92/2023 on October 27, 2023, and came into force on November 4, 2023.

Law on State Survey and Cadaster

The most significant amendments to this regulation are as follows:

• The terms utility lines and cadaster of utility lines have been replaced with infrastructure and underground objects and cadaster of infrastructure and underground objects (infrastructure cadaster).
• In addition, the name of the real estate register has been changed, i.e., replaced by the term excerpt from the real estate cadaster database.
• Necessary terminological clarifications have been made in this regard.
• Furthermore, the subject of registration in the real estate cadaster has been changed by removing underground construction objects and adding garage spaces and other areas.
• In relation to the above, underground objects are defined within the section on the survey of infrastructure and underground objects, whereas an underground object is now considered an independent structure built entirely underground, and even a structure partially above ground is considered an underground object if its functional purpose is realized underground. Underground objects now constitute one of the thematic units of the infrastructure cadaster database.
• The scope of work or tasks of the Republic Geodetic Authority and geodetic organizations has been expanded (e.g., the said Authority is now responsible for maintaining a register of real estate prices, preparing and publishing periodic reports on the real estate market and reports on the real estate price index, and establishing and maintaining a separate record of changes to real estate not entered in the real estate cadaster, while the geodetic organizations are now required to report business names, legal forms, headquarters, addresses of non-headquarters business premises, changes in the number of employees, geodetic instruments, and any other changes significant to their operations to the Authority within 15 days of the change’s occurrence. Additionally, at the request of an inspector, they must prepare and submit a report on self-assessment of compliance with the requirements of the checklist and self-assessment of risks, within 15 days of receiving the request).
• Finally, it is prescribed that the Republic Geodetic Authority is obliged to establish an information system for the cadaster of infrastructure and underground objects by July 1, 2025. In this regard, after establishing the system, the Authority will remove by official duty infrastructure and underground objects entered in the real estate cadaster, change the land use (crops), and register them in the cadaster of infrastructure and underground objects without issuing a decision. However, owners of infrastructure and underground objects, as well as objects in their function, not entered in the real estate cadaster or utility lines cadaster, are required to engage an authorized geodetic organization to survey these objects and submit a request for registration in the cadaster of infrastructure and underground objects within three years from the establishment of the cadaster.

Law on the Procedure of Registration in the Cadaster of Real Estate and Infrastructure

Regarding this regulation, the most significant amendments are the following:

• Firstly, the name of the law has been changed, as part of terminological harmonization with the amendments made to the Law on State Survey and Cadaster (i.e., since the term utility lines has been replaced with infrastructure and underground objects).
• Terminological harmonization of other legal terms has also been carried out.
• Furthermore, a unique identification number of real estate (JMBN) has been introduced. It is prescribed that this number is individually determined and registered for each real estate automatically in the process of registration in the geodetic cadastral information system. JMBN follows the life cycle of real estate. If changes occur in the real estate for which JMBN is determined, such as division or merger of real estate, removal of a structure, part of a structure, or a separate part of a structure, a new JMBN is assigned in the registration process for that real estate, while the previously assigned one is archived.
• It is prescribed that the registration process in the real estate cadaster is initiated ex officio, i.e., by the competent authority based on a reasoned proposal of the competent body, when it determines or learns that, considering the factual situation, the process must be initiated in the interest of the party or when it is necessary to initiate the process to protect public interest in accordance with the program for the implementation of activities in the registration process.
• On the other hand, the process upon the request of the party is initiated via the application “e-šalter”, through a professional user authorized to digitize a document issued in paper form.
• A novelty is that entrepreneurs and companies registered in the Register of Real Estate Brokers in Sales and Lease can issue excerpts from the real estate cadaster database and the database of infrastructure and underground objects, which will have the same validity as if issued by the Authority.
• Finally, provisions regarding the misdemeanor liability of a state official who, upon request for registration that can be resolved in order of priority, does not decide within the legally prescribed deadline have been deleted.

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