Defects in a New-Build Apartment in Belgrade: How to Document Them and Hold the Developer to Account

The keys have been handed over, the handover record is signed, and three weeks later a damp patch appears on the balcony wall. This is the moment that decides whether a defect is merely annoying or whether the developer has to put it right at their own expense. This article picks up where the handover ends: it shows how to record defects after handover in a way that will stand up as evidence, what a written notice of defects (reklamacija) to the developer (investitor) looks like, which deadlines apply under Serbian law and how to escalate if the developer does not respond.

What to check room by room at handover, and who can represent you there, is covered in separate guides. This one is about what comes afterwards.

Why documentation after handover decides your claims

In a dispute in Serbia, as almost everywhere, what counts is what you can prove. Verbal promises from a site manager ("we'll sort that next week") carry very little weight. Three questions are decisive: Was the defect already there at handover? Did you report it in time? And can you prove that the developer received your notice?

You do not answer any of these with memories, but with documents. That is why it pays to keep a small defect file from the day of handover, even if everything looks fine at first.

The defect file: how to record every defect as evidence

A good defect file is not a photo album but a numbered list with supporting evidence. For each defect, record the following:

Photograph every defect twice: once from a distance so that its position in the room is clear, and once in close-up with a scale next to it. Modern smartphones store the date and time in the image data. You should not lose this metadata through editing or sending files via messenger apps, so keep the original files separately.

For cracks or damp, repeat the photos at fixed intervals from the same position, and mark the ends of cracks with a pencil and the date. That way you can show that the defect is getting worse.

Visible and hidden defects: the deadlines under Serbian law

In Serbia, the seller's liability for material defects is governed by the Law on Obligations (Zakon o obligacionim odnosima, ZOO for short). If you buy from the developer, the developer is your seller, and these rules generally apply to apartments as well. The key points, as summarised by Serbian business media with reference to the ZOO (biznis.rs):

Visible defects are those that can be spotted during a normal inspection. They must be raised at handover, or at the latest within eight days. Anything that is not in the handover record and was not reported in writing shortly afterwards is hard to enforce later.

Hidden defects only show up later, for example leaks that become visible only during heavy rain. Here the eight-day period starts when you discover the defect. However, under the basic statutory rule the seller is only liable for defects that appear within six months of handover (Art. 482 ZOO), unless the contract provides for a longer period. If the seller knew about a defect and concealed it, they cannot rely on this limit.

After you have given notice, your rights under the ZOO generally expire one year after the notice of defects if you have not enforced them in court by then. A notice alone therefore does not keep your claims open indefinitely.

Defects affecting the structural stability of the building are subject to a much longer period: the building contractor remains liable for ten years (Art. 644 ZOO). Whether and how you as an apartment buyer can assert this liability directly against the contractor, or only via the developer, depends on the individual case and on the contracts. Please clarify this point with a Serbian lawyer rather than relying on a general statement.

Many purchase contracts also contain their own warranty commitments, for example two years on installations, or manufacturers' warranties on windows, heating and sanitary fittings. These contractual periods can be longer than the statutory ones. So read the warranty clause of your contract carefully, and do so in the Serbian version, because that is usually the binding one. Why this matters so much is explained in our article on the Serbian contract language when buying property.

> Note: The deadlines mentioned reflect the basic statutory rule. The purchase contract, consumer status and the individual case can lead to deviations. Please have the deadlines that apply to your contract confirmed by a lawyer in Serbia.

The written notice of defects (reklamacija): structure and delivery

A notice of defects does not have to be complicated, but it does have to be unambiguous. The developer needs to understand which defect exists where and what you are asking for. The following structure has proven effective:

1. Header with your details, the developer's details as stated in the purchase contract (company name and Matični broj from the APR register), the property address, apartment number and date of the purchase contract.
2. Subject line, for example "Reklamacija: nedostaci u stanu br. 14".
3. List of defects with the numbers from your defect file, each with location, short description and date of discovery.
4. Demand: first and foremost you ask for the defect to be remedied (otklanjanje nedostatka).
5. Deadline for the repair, for example 15 or 30 days, depending on the type of defect. For water ingress or a heating failure in winter, a short deadline is appropriate.
6. Attachments: photos, measurement records, a copy of the relevant contract page.

Write the notice in Serbian or in two languages. A notice written only in English can be rejected by the developer as incomprehensible or simply left unanswered. For technical terms such as hidroizolacija (waterproofing), vlaga (moisture) or pukotina (crack), it is worth involving someone who knows construction terminology in both languages.

As for delivery: choose a method that gives you proof. The usual method in Serbia is a registered letter with return receipt (preporučena pošiljka sa povratnicom). In addition, you can send the notice by email to the address named in the contract. A notice sent only via WhatsApp to the site manager, on the other hand, is weak evidence.

Following up and signing off the repair

Once the developer responds, the second phase begins: the repair has to be followed up and checked. Agree appointments in writing and get confirmation of which defect will be dealt with on which day. After the repair, someone on site should check whether the defect has actually been remedied and record this with photos.

With damp damage, a coat of paint over the patch is not enough. Ask about the cause: was the waterproofing at the balcony junction renewed, or was only the plaster patched up? Get the answer in writing. If the patch comes back, that is a strong argument that the cause was not removed.

Only close a defect in your file once you have documented that it has been fixed. A short joint record with the developer ("defect M-07 remedied on …") is ideal, because later nobody can claim that you did not accept or did not check the work.

Hidden defects after the first winter

Many weak points in a new build only show up under stress. The first winter, with the heating season, frost and condensation, is the real test. Typical issues in this phase are condensation on window reveals, mould in corners with thermal bridges, hairline cracks as the screed dries out, and problems with underfloor heating.

Plan a deliberate inspection at the end of the first heating season, around February or March. If you are not in Belgrade yourself, someone on site should do this walk-through and enter the results in your defect file. Timing is important: report any hidden defects you discover immediately, because the eight-day period runs from discovery. And keep in mind the basic rule of six months from handover. If you take over in June, you may only experience the first winter after this period has expired, unless the contract contains a longer warranty. That is exactly why the contractual warranty clause deserves a close look.

For let apartments there is one more point: your tenant is often the first to notice a defect. Agree in the tenancy contract that damp, cracks and malfunctions must be reported immediately, and forward such reports to the developer without delay.

When the developer does not respond: escalation stages

Not every developer reacts to the first notice. A step-by-step approach has proven effective, strengthening your position stage by stage without going straight to court.

Stage 1: Reminder with a final deadline. A second letter refers to the first notice, states the date of delivery and sets a last, short deadline. Announce which steps you will take afterwards.

Stage 2: Withholding payment. If a final payment is still outstanding, withholding an amount equal to the expected cost of remedying the defects can be the most effective lever. Whether this is permitted depends on the contract. Withholding payment on your own initiative without a contractual or legal basis can put you in default yourself. So clarify this with a lawyer beforehand.

Stage 3: Independent expert report. An expert (sudski veštak for reports that will stand up in court, or an independent civil engineer for an initial assessment) establishes the cause and extent and estimates the costs. Such a report often changes the conversation considerably, because the developer sees that you can prove your case.

Stage 4: Letter from a lawyer. A letter from a Serbian lawyer referring to your statutory rights, namely repair, price reduction or, as a last resort, withdrawal from the contract, often leads to a settlement.

Stage 5: Legal action. Enforcement through the courts is the last step. Watch the one-year deadline from the notice of defects here, so that your rights do not expire.

On the right to a price reduction: under the ZOO, a buyer faced with a defect can in principle demand that it be remedied, a reduction of the purchase price or, under certain conditions, withdrawal from the contract, in each case alongside possible damages. Which right makes sense in a specific case depends on the type and severity of the defect.

Managing defects from abroad

A defect procedure above all costs time and presence on site, because appointments are often postponed at short notice and every repair needs to be checked. If you do not live in Belgrade, you therefore need someone who records defects, attends appointments and documents the results. That can be an acquaintance, a property management company or a service provider that supports new-build owners in exactly this phase. What such support typically includes for new-build owners is described in the article on all-inclusive rental management for new-build apartments in Belgrade. How to coordinate tradespeople for repairs independently of the developer, should the developer drop out for good, is explained in the article on coordinating tradespeople for a second home in Belgrade.

Exgentum does exactly this work for English-speaking owners: Marin records defects on site, drafts the reklamacija in two languages, keeps track of the deadlines and follows the repair through to a documented conclusion. The overall process of buying a new build in Belgrade is described in the article New-build apartment in Belgrade with a German-speaking contact.

Frequently asked questions

Is it enough to note defects only in the handover record?

For defects that were visible at handover, the record is the most important piece of evidence. But it does not replace follow-up. In addition, set the developer a written deadline for remedying the defects, so that it is clear by when they have to act.

Does the notice of defects have to be in Serbian?

A statutory language requirement cannot be stated in general terms, but in practice a Serbian or bilingual version is strongly recommended. Only then can you make sure that the developer cannot dismiss the content as incomprehensible.

What applies if a defect only appears after six months?

Under the basic statutory rule, the seller is only liable for hidden defects within six months of handover, unless the contract provides for a longer period or the seller concealed the defect. Check your contractual warranty and have the individual case assessed by a lawyer. For defects affecting structural stability, a much longer liability applies.

May I have the defect fixed myself and send the bill to the developer?

That is risky as long as you have not first given the developer the opportunity to carry out the repair. Document the defect, set a deadline and take legal advice before commissioning a third party to do the work at the developer's expense. In the case of acute damage such as water ingress, you may and should take immediate measures to limit the damage and document them carefully.

Who checks whether the repair was done properly?

Ideally someone who is not paid by the developer. For simple defects, a careful check with photos is enough; for waterproofing, structural issues or building services, an independent specialist makes sense.