Lack of building or exploitation permit not an obstacle for authorization of contract by public notary

National Ombudsman Zoran Pasalic has announced that the lack of a building or an exploitation permit is not an obstacle to the signing and the authorization of a contract on the sale of property.

As he says in a press release, this is envisaged in Article 4a of the Law on Property Transfer, which proscribes the obligation of a public notary to warn the parties to the contract that the building or the exploitation permit has not been issued and to include the warning in the sales and purchase contract when authorizing it.

It is only if the parties refuse to have the warning included in the contract that the public notary obliges to refuse to authorize it, the ombudsman says, commenting on the current public discussion and the information available regarding this topic.

The City of Belgrade and the Chamber of Public Notaries agreed on Wednesday, August 29, to file an initiative to the Ministry of Justice for amending the Law on Property Transfer which would ban the transfer of illegal facilities. Previously, Deputy Mayor of Belgrade Goran Vesic demanded that notaries no longer authorize contracts without a building permit.

The ombudsman appeals to all citizens who face certain dilemmas and uncertainties regarding the actions of public notaries to send complaints to the Chamber of Public Notaries and the Ministry of Justice.

If the need arises, the ombudsman will provide full contribution to establishing legal security in this field, in line with his authority regarding control and preventive action and cooperation.

If he estimates that it is necessary to amend the current regulations to the end of increasing the protection of citizens’ rights to safety and peaceful exploitation of the property, the ombudsman will file a suitable initiative to the competent organs, the press release says.

Zaštitnik građana Republike Srbije

Javnobeležnička komora Srbije Beograd

Ministarstvo pravde Republike Srbije

National Ombudsman

ombudsman

Zoran Pasalic

authorization of contract on the sale of property

sales and purchase of property without a building permit

Goran Vesic

Chamber of Public Notaries

Ministry of Justice