Notary in Serbia: When You Need One, What It Costs and How Powers of Attorney Work

If you come from Germany or another country with a similar notarial system, you probably know notaries mainly from buying a house. In Serbia the notarial profession is still young: notaries (javni beležnik, plural javni beležnici) have only been practising there since 2014. Their responsibilities have grown step by step since then, and for many legal transactions there is now no way around them. At the same time, there are differences from the German system that regularly catch foreigners off guard, for example the distinction between a notarial deed and solemnisation, or the question of who interprets at the appointment.

This article gives an overview: which legal transactions must be notarised, how the fees are set, what applies if you do not speak Serbian and how to work with a power of attorney signed in Germany. We do not repeat the steps of a property purchase here; for that, see our article on the purchase contract for property in Serbia (in German).

The Serbian notarial system in figures

According to an information sheet from the German Embassy in Belgrade, the notarial system was introduced in 2014 and is still being built up. The embassy cites around 200 practising notaries, against a planned total of about 288. The legal basis is the Law on Notaries (Zakon o javnom beležništvu). Each notary is appointed for a specific area. This has practical consequences: a purchase contract for real estate is solemnised by a notary who is competent for the area in which the property is located.

Three types of notarial act you should tell apart

Serbian law recognises three forms that are often confused in everyday practice.

The most important difference from the German system is the middle row: in a solemnisation, the contract is usually written not by the notary but by one of the parties or their lawyer. The notary checks whether the content is legally permissible, goes through it with the parties and confirms it. Responsibility for the quality of the contract wording therefore remains with whoever drafted it. If you simply "have the notary do the contract", you should know that the notary does not automatically represent your interests.

When you are legally required to use a notary in Serbia

A notarial deed is mandatory

Under Article 82 of the Law on Notaries, a notarial deed must be drawn up for contracts disposing of real estate owned by persons without legal capacity, for agreements on statutory maintenance, and for mortgage contracts and pledge statements that contain an express submission to immediate enforcement.

Solemnisation is mandatory

Article 93(2) of the Law lists the contracts that must be solemnised, including:

• contracts on the transfer of real estate, above all purchase and gift
• mortgage contracts and pledge statements without an enforcement clause
• contracts creating easements
• loan agreements between private individuals of 10,000 euros or more

In its information sheet, the German Embassy also lists areas of family and inheritance law in which notarial confirmation is required, such as marriage contracts and agreements on the division of assets, contracts transferring assets during one's lifetime and lifelong maintenance contracts. You can find details on marriage contracts in our article Marriage contract in Serbia and on inheritance law in Inheritance law in Serbia for German expats (both in German).

Preliminary contract and company documents

When buying property, the parties often sign a preliminary contract (predugovor) first. Under the Serbian Law on Obligations (Zakon o obligacionim odnosima), the formal requirements of the main contract generally also apply to the preliminary contract. A preliminary contract for an apartment signed only privately therefore offers little protection. Ask your lawyer to confirm in which form your preliminary contract has to be concluded.

For corporate documents of a Serbian d.o.o., such as the founding act, resolutions or contracts transferring shares, certification of the signatures is often sufficient. Which form is required in a specific case depends on the document and on the register. Have this confirmed in Serbia before you sign any documents in Germany.

What a notary costs in Serbia

Notary fees cannot be freely negotiated. They are set by the official notarial tariff (Javnobeležnička tarifa) and, for contracts, depend on the value of the transaction. As a guide, the German Embassy gives these examples in its information sheet:

• solemnisation of a property contract for a property worth 90,000 euros: about 350 euros
• certifications: about 3 euros per page
• a 50 per cent reduction for persons with severe disabilities and recipients of social assistance

These figures are guide values from the information sheet. The tariff is adjusted from time to time, so ask the notary's office for a cost estimate for your case before the appointment. On top of this come costs that the notary does not charge: the sworn court interpreter, a lawyer for the draft contract if needed, and taxes on the transaction.

If you do not speak Serbian

Notarial deeds in Serbia are drawn up in Serbian. If the parties do not understand the language of the deed, Article 18(3) of the Law on Notaries requires the deed to contain a clause, signed by the party, stating that its content has been translated to them in full. The deed also records which translator or interpreter took part.

In practice this means that a sworn court interpreter (sudski tumač) for English, German or another language you have a firm command of must attend the appointment. As a rule, you have to arrange and pay for the translator yourself. If you ask, the notary's office will usually name translators it works with regularly.

It is important to distinguish between translation and advice. The translator renders the text; they do not tell you whether a clause is to your disadvantage. We have explained why this is a particular problem with purchase contracts in Why the Serbian contract language matters when buying property. Make sure you receive the draft contract before the appointment and have it reviewed.

A power of attorney from Germany: how to make it usable in Serbia

Many owners and buyers living in Germany do not want to travel to Serbia for every notary appointment. Nor do they have to, provided there is a valid power of attorney (punomoćje). Three things matter here: content, form and translation.

Content: as specific as possible

Serbian notaries and authorities are more likely to accept a special power of attorney that names the specific transaction than a broadly worded general power of attorney. For a property purchase, the power of attorney should include, for example:

• full details of the principal and the attorney, with passport or ID card number
• the exact description of the property, with cadastral municipality and parcel or unit number
• which acts are permitted, such as signing the preliminary and main contract, arranging payments, filing applications with the cadastre and submitting tax returns
• whether the attorney may grant sub-powers
• a time limit, if you want one

Form: two equivalent routes

There are two routes for certification, which we describe in detail in our article on property management for owners without residence in Serbia. In short:

1. German notary with apostille: A German notary certifies your signature. An apostille is then attached. Germany and Serbia are both parties to the Hague Apostille Convention, so no further legalisation is needed. In Serbia, the power of attorney must then be translated into Serbian by a sworn court interpreter.
2. Serbian diplomatic mission in Germany: You sign the power of attorney at the consular section of the Serbian embassy or at a Serbian consulate general. The power of attorney can be drawn up there directly in Serbian, and no apostille is required.

A bilingual version in two columns, German and Serbian, makes both routes easier. You understand what you are signing, and the translator has less work to do.

How old may the power of attorney be?

There is no statutory expiry date for powers of attorney. In practice, however, some notaries and banks require a power of attorney that is no more than a few months old. This expectation is not uniform. Before having the document certified in Germany, ask the Serbian notary or your bank what their requirements are. That saves you a second attempt.

How a typical notary appointment works

1. Booking the appointment: The notary's office asks for copies of the identity documents and the draft contract in advance.
2. Review by the notary: In a solemnisation, the notary reviews the draft and gets in touch if changes are needed.
3. Appointment: All parties or their attorneys attend with original identity documents. The translator renders the text and the notary explains its legal effect.
4. Signature and confirmation: The deed is signed, sealed and entered in the notary's register of deeds.
5. Forwarding: For real estate transactions, the notary sends the deed electronically to the cadastre and reports it to the tax administration. How much of this happens automatically in your case is something the notary's office will clarify.

Checklist for the notary appointment

• Original passport; if you are represented, the original power of attorney with a certified translation
• Draft contract received in advance and reviewed by a lawyer
• Sworn court interpreter arranged
• Cost estimate obtained from the notary's office
• For real estate: a current extract from the cadastre (list nepokretnosti)
• For companies: a current extract from the APR business register

Organisational support on the ground

Exgentum does not replace a notary or a lawyer. For English-speaking clients, however, we coordinate the appointments, the translator and the documents that need to come together before a notary appointment in Belgrade, and we accompany you or your attorney if you cannot travel yourself.

Frequently asked questions

Do I need a notary to buy an apartment in Serbia?

Yes. Under Article 93 of the Law on Notaries, contracts on the transfer of real estate must be solemnised by a notary, specifically by a notary who is competent for the area where the property is located.

Does the notary write the purchase contract?

In a solemnisation, usually not. The draft is normally prepared by one of the parties or by a lawyer. The notary reviews it, explains it and confirms it.

What does a notary cost in Serbia?

The fees are based on the official notarial tariff and the value of the transaction. The German Embassy gives about 350 euros for a property contract worth 90,000 euros. Fees for the translator and the lawyer are charged separately.

Does a translator have to be present?

If you do not understand the language of the deed, its content must be translated to you in full, and the deed must record this. In practice that means a sworn court interpreter.

Can I use a power of attorney certified in Germany?

Yes, with an apostille and a certified translation into Serbian. Alternatively, you sign the power of attorney directly at a Serbian diplomatic mission in Germany.

How long is a power of attorney valid?

There is no fixed statutory period. Some notaries and banks, however, only accept recently dated powers of attorney. Ask in advance.