Right of pre-emption in Serbia (pravo preče kupovine): who has it, the offer, deadlines
Right of pre-emption (pravo preče kupovine) on real estate: co-owners and farmland neighbours, the written offer, the 15-day reply period and the lawsuit.
What the right of pre-emption is and who has it
The right of pre-emption (pravo preče kupovine) is the right of a particular person to buy a property before anyone else, on the terms on which the owner intends to sell it. It limits the seller's right of ownership (pravo svojine): the owner still decides freely whether to sell and at what price, but does not freely choose whom to offer it to first. The Law on the Basics of Property Relations (Zakon o osnovama svojinskopravnih odnosa) provides that co-owners have a right of pre-emption only when a statute says so. For real estate, that statute is the Law on the Trade of Real Estate (Zakon o prometu nepokretnosti, Sl. glasnik RS, Nos. 93/2014, 121/2014 and 6/2015).
That law recognizes two cases. The first is the co-owner: anyone who intends to sell their co-ownership share must first offer it to the other co-owners (Art. 5). The second is the neighbour of agricultural land: anyone selling agricultural land must first offer it to the owner of neighbouring agricultural land (Art. 6). The neighbour ranks behind a co-owner of the land being sold.
A right of pre-emption can also arise by contract, for example when buyer and seller write it into the sale contract. That is governed by the Law on Contracts and Torts (Zakon o obligacionim odnosima, Arts. 527-533): the holder must state whether they are using the right within one month of being notified of the intended sale, and at the same time pay the price or deposit it with the court; a contractual right of pre-emption ends five years after the contract is concluded (a longer agreed period is reduced to five years). A right of pre-emption laid down by law is not limited in time. A contractual right of pre-emption over real estate can be registered in the cadastre (Art. 10 of the Law on the Procedure for Registration in the Real Estate Cadastre and the Infrastructure Cadastre).
What the offer looks like and which deadlines apply
The offer must be in writing and must state the property, the price and the other terms of sale. It is delivered to all holders of the right of pre-emption at the same time, by registered mail (Art. 7). An oral offer, a text message or a conversation does not meet this form.
The holder of the right replies in writing within 15 days of receiving the offer, also by registered mail. If they do not declare acceptance within that period, the seller may sell the property to another person, but not on more favourable terms (Art. 8). If the seller does not sell the property within one year of the offer being declined, they must offer it again at the next sale (Art. 9).
In practice, when certifying the contract the notary public asks for proof that the offer was sent, or a statement from the holders of the right that they will not use it.
What if the right of pre-emption is breached
The right is breached when the seller sells the property without a prior offer, or sells it on terms more favourable than those in the offer. The holder of the right may then sue to have the contract declared ineffective towards them and to have the property sold and handed over to them on the same terms (Art. 10 para. 1). The contract with the third party does not thereby become void for everyone; it has no effect towards the holder of the right.
The lawsuit is filed within 30 days of the day the holder of the right learned of the sale, and no later than two years from the conclusion of the contract (Art. 10 para. 2). After two years a lawsuit is no longer possible, regardless of when you found out.
The law separately covers the case where the contract was not concluded in the prescribed form but the property was handed over to the buyer. The right of pre-emption is then also deemed breached. The period for suing is one year from learning of the transfer of possession, and no later than two years from the handover (Art. 10 paras. 3 and 4).
Together with the lawsuit, an amount equal to the market value of the property on the day of filing is deposited with the court (Art. 10 para. 5). That is why this procedure is started by someone genuinely ready to buy the property. At first instance such a claim is as a rule heard by the basic court, which has jurisdiction over civil disputes not assigned to another court (Art. 24 of the Law on the Organisation of Courts).
Ownership, cadastre registration and the "law on registration of ownership"
The buyer becomes the owner by registration of ownership in the real estate cadastre. The buyer's registration does not prevent the holder of the right of pre-emption from suing while the periods in Art. 10 are running. If the lawsuit succeeds, the judgment is the basis for registering the holder of the right in place of the buyer, on the same terms of sale.
People searching for the "zakon o upisu prava svojine" (law on registration of ownership) usually mean one of two statutes. The first is the Zakon o postupku upisa u katastar nepokretnosti i katastar infrastrukture, which governs regular registration based on a contract, a judgment or an inheritance decision. The second is the Law on Special Conditions for Registration of Ownership of Buildings Built Without a Building Permit (Zakon o posebnim uslovima za upis prava svojine na objektima izgrađenim bez građevinske dozvole, Sl. glasnik RS, Nos. 25/13 and 145/14). Buildings registered under that law are today covered by the Zakon o posebnim uslovima za evidentiranje i upis prava na nepokretnostima (Sl. glasnik RS, Nos. 91/2025 and 80/2026), known as "Svoj na svome".
When to contact a lawyer
Legal help is useful as soon as you learn that a property was sold without an offer, because the 30-day period is short and a significant amount is deposited with the lawsuit. A lawyer can assess whether you hold the right, from which day the period runs, and whether the terms of the sale to the third party really are more favourable than those offered.
If you are the seller, a check is useful before sending the offer: whether all co-owners and neighbours are covered, whether the offer states all the terms, and whether delivery was made in a way that can later be proven.
Sources
- Tariff on Attorneys' Fees and Expense Reimbursement (Tarifa o nagradama i naknadama troškova za rad advokata, Sl. glasnik RS No. 43/2023), Items 13 and 15
- Tariff on Attorneys' Fees and Expense Reimbursement, consolidated text (Sl. glasnik RS Nos. 43/2023 and 56/2025) (paragraf.rs)
- Law on the Trade of Real Estate (Zakon o prometu nepokretnosti), Arts. 5-10
- Law on Contracts and Torts (Zakon o obligacionim odnosima), Arts. 66 and 527-533
- Law on Cultural Heritage (Zakon o kulturnom nasleđu), Art. 103
- Law on the Procedure for Registration in the Real Estate Cadastre and the Infrastructure Cadastre (Zakon o postupku upisa u katastar nepokretnosti i katastar infrastrukture), Art. 10
- Law on the Organisation of Courts (Zakon o uređenju sudova), Art. 24
What to do
- Establish whether you hold a right of pre-emption at all: obtain the real estate sheet and check whether you are registered as a co-owner, or whether your agricultural parcel borders the parcel being sold.
- If you received an offer, check that it states the property, the price and the other terms of sale, and note the date of receipt, because the 15-day period runs from it.
- If you accept the offer, say so in writing and send it by registered mail before the period expires. Keep the posting receipt.
- If you learned that the property was sold without an offer, obtain evidence of the sale: the real estate sheet with the new entry or details of the contract. Note when and how you learned of the sale.
- Compare the terms in the offer with the terms on which the property was sold. A lower price or a longer payment period for the third-party buyer means more favourable terms.
- Before suing, check whether you can secure the market value of the property, because it is deposited with the court at the same time as the lawsuit is filed (Art. 10 para. 5).
- File the lawsuit within 30 days of learning of the sale. The claim asks that the contract be declared ineffective towards you and that the property be sold and handed over to you on the same terms.
What it costs
Besides the lawyer's fee and the court fee, which depend on the value of the dispute, the claimant deposits with the court, together with the lawsuit, an amount equal to the market value of the property on the day of filing (Art. 10 para. 5). That is the largest financial condition of this procedure.
Basis for the attorney fee: Tariff on Attorneys' Fees and Expense Reimbursement, Item 13 (claim to exercise the right of pre-emption, assessable matter - the fee depends on the value of the dispute) and Item 15 (representation at a hearing).
FAQ
Who has the right of pre-emption on real estate?
Under the Zakon o prometu nepokretnosti these are co-owners of real estate, when one of them sells their co-ownership share (Art. 5), and owners of neighbouring agricultural land, when agricultural land is sold (Art. 6). A co-owner ranks ahead of a neighbour. Other statutes may also prescribe a right of pre-emption: for example, the Republic of Serbia has a right of pre-emption over cultural property in private ownership (Art. 103 of the Law on Cultural Heritage). A right of pre-emption can also be agreed by contract.
Does my neighbour have a right of pre-emption when I sell an apartment or a plot?
The Zakon o prometu nepokretnosti ties a neighbour's right of pre-emption only to agricultural land (Art. 6). For an apartment, a house or a building plot that you own exclusively, this law prescribes no right of pre-emption for a neighbour.
Does the right of pre-emption apply to a gift?
The law speaks of a co-owner who intends to "sell" their share and an owner who intends to "sell" agricultural land (Arts. 5 and 6), so the duty to make an offer is tied to a sale. If a gift was concluded only to disguise a sale, that is a question of a sham contract, which is proven in litigation: a sham contract has no effect between the parties, and if it conceals another contract, that other contract is valid if the conditions for its validity are met (Art. 66 of the Law on Contracts and Torts).
What if I do not reply to the offer within 15 days?
If you do not declare in writing within 15 days of receipt that you accept the offer, the seller may sell the property to another person, but not on terms more favourable than those in the offer (Art. 8). If the seller does not sell it within one year, they must send you an offer again at the next sale (Art. 9).
Who takes priority if there are several co-owners?
Priority goes to the co-owner with the larger share. If several co-owners hold equal shares, the seller chooses which of them to sell to (Art. 5 paras. 2 and 3). For agricultural land, priority goes to the neighbour whose parcel borders the seller's land for the greater part, and where the boundary lines are equal, to the neighbour with the largest area (Art. 6 para. 2).
How does the right of pre-emption relate to registration of ownership?
Ownership of real estate is acquired by registration in the cadastre. A lawsuit for breach of the right of pre-emption may be filed even after the buyer is registered, within the statutory periods. Registration of ownership is governed by the Law on the Procedure for Registration in the Real Estate Cadastre and the Infrastructure Cadastre (Zakon o postupku upisa u katastar nepokretnosti i katastar infrastrukture, Sl. glasnik RS, Nos. 41/2018, 95/2018, 31/2019, 15/2020 and 92/2023), and for unpermitted buildings, since 2025, also by the Zakon o posebnim uslovima za evidentiranje i upis prava na nepokretnostima.