DOING BUSINESS - QUALITY
Quality of Land Administration Index

Efficiency of the property registration system, reliability of infrastructure, transparency of information, geographic coverage and dispute resolution mechanism are the items necessary for the investment security. When the countries are rated under the Doing Business methodology, there is a set of questions that are evaluated helping the investors to estimate risks when planning their investments.

 

Overview of the achievements in 2017 and 2018 regarding quality index:

 

1. Immovable property registration system

 

Question

Change compared to last year - status

Is the majority of the existing registers of ownership/deeds, including old and newly issued records in Belgrade in paper or computerized format? (If computerized, are these scanned or fully digital documents? (Scanned document is an image of document stored in electronic format or on microfilm, with content not usable for search or extractible. Fully digital documents are the ones containing information in fields and are electronically stored with content that may be digitally searched and extracted).

Registers are fully digital, i.e. provide for digital searching.

The Law on State Survey and Cadastre, Articles 157 and 158, prescribe the Geodetic-Cadastral Information System (GIS) maintained in fully digital form, in databases harmonized with the data model, which provides for a more efficient data processing (editing, searching, web services creation, etc.).

Introduction of the DMS in 2017 had provided the access to the existing records (digital data archive) from a single location for the entire territory of the RoS.

The digital property and real rights data are publicly available over the unified geo-platform commissioned for production in 2017 (NSDI – National Spatial Data Infrastructure), and the search is also available over e-cadastre service.

 

 

Is the majority of cadastral maps in Belgrade stored in paper or computerized format? If computerized, are these scanned documents or fully digital documents?

Registers are fully in vector digital format, i.e. provide for digital searching.

The Law on State Survey and Cadastre, Articles 157 and 158, prescribe the Geodetic-Cadastral Information System (GIS) maintained in fully digital form, in databases harmonized with the data model, which provides for a more efficient data processing (editing, searching, web services creation, etc.).

Introduction of the DMS in 2017 had provided the access to the existing records (digital data archive) from a single location for the entire territory of the RoS.

The digital property maps and real rights data are publicly available over the unified geo-platform commissioned for production in 2017 (NSDI – National Spatial Data Infrastructure), and the search is also available over e-cadastre service.

 

 

 

 

2. Immovable property registration system

 

Is there a specific, agency independent mechanism for filing complaints about a problem that occurred at the real estate cadastre over telephone, postal address, e-mail or other means?

Yes, there is an independent body for filing complaints – ombudsman.

There is an independent body in the Republic of Serbia, which provides independent and specific procedure for filing a complaint regarding the issue that occurs within the cadastre. The institution of Ombudsman is and independent and self-sustaining governmental organ, in charge of controlling the operation of public administration organs, including the RGA, regarding their adherence to laws and regulations, and provisions of good governance. This specific mechanism is initiated upon the request by legal and natural persons, or upon Ombudsman’s own initiative.

Statistical data on the number of procedures initiated in the field of the real estate cadastre are presented in the  Annual Report, page 38.

 

3. Cadastral Mapping

 

Who can consult plans of private land plots in Belgrade?

Maps are publicly available to all, without charge.

Digital cadastral maps are publicly available, without charge, over the unique geo-platform, which was launched in 2017 (NSDI).

Does the cadastral/mapping agency formally commit to deliver an updated plan within a specific deadline (service standards – e.g. 5 woorking days to update the plan)?

Yes, there is a formal obligation to update.

Pursuant to the Article 36 of the Law on Procedure of Registration in the Real Estate Cadastre and Utility Cadastre and the accompanying by-law, the RGA is obligated to provide the updated copy of plan within five days from the geodetic cadastral information system.

Digitized cadastral maps (activity completed in last quarter 2016) had provided for the enforcement of this Law in a swift and efficient manner.

 The systems provided by the RGA for issuance of data from the official records are:

Is there a specific, agency independent mechanism for filing complaints about a problem that occurred at the agency in charge of the cadastral maps over telephone, postal address, e-mail or other means?

Yes, there is an independent body for filing complaints – ombudsman.

There is an independent body in the RoS, which provides independent and specific procedure for filing a complaint regarding the issue that occurs within the cadastre. The institution of Ombudsman is and independent and self-sustaining governmental organ, in charge of controlling the operation of public administration organs, including the RGA, regarding their adherence to laws and regulations, and provisions of good governance. This specific mechanism is initiated upon the request by legal and natural persons, or upon Ombudsman’s own initiative.

Statistical data on the number of procedures initiated in the field of the real estate cadastre are presented in the  Annual Report, page 38.

 

4. Immovable property registration system

 

Is all privately held land in the economy (Serbia) formally registered in the immovable property registry?

Yes! All parcels over the whole territory of the Republic of Serbia are registered in the real estate cadaster.

The real estate cadastre has been established over the entire territory of the RoS with the support of the WB funded “Real Estate Cadastre and Registration Project in Serbia” *2005 – 2011). Result of the project is that all property rights holders for parcels over the entire territory of the RoS are registered.

This was verified by the World Bank back in 2012 (WB report, page 53) and fully digitized in 2018 (WB report page 7)

Result may be seen at е-cadastre service.

Is each privately held land parcel in economy (Serbia) mapped?

Yes! Cadastre is 100 % established!

The real estate cadastre has been established over the entire territory of the RoS with the support of the WB funded “Real Estate Cadastre and Registration Project in Serbia” *2005 – 2011). Result of the project is that all property rights holders for parcels over the entire territory of the RoS are registered.

This was verified by the World Bank back in 2012 (WB report, page 53) and fully digitized in 2018 (WB report page 7)

Result may be seen at Geoportal (NSDI)

 

5. Legal background

 

Is the system of immovable property registration subject to a guarantee?

Yes! State guarantee.

Pursuant to the Law on State Survey and Cadastre ("Official Gazette RS", No. 72/2009, 18/2010, 65/2013, 15/2015 and 96/2015)

Is there a compensation mechanism to cover the loss of parties who engaged in a good faith in a property transaction based on erroneous information certified by the land registry?

Yes! Mechanism exists and compensation is monetary.

The Law on Budget System ("Official Gazette RS", No. 54/2009, 73/2010, 101/2010, 101/2011, 93/2012, 62/2013, 63/2013 - corr., 108/2013, 142/2014, 68/2015 – other law, 103/2015, 99/2016 and 113/2017), Article 56а.

This article defines the payment of funds for compensation

 

The Law on Budget of the Republic of Serbia for 2018 (“Official Gazette RS” 113/2017), Article 9 and Article 13.

This Law stipulates amounts and details procedure for compensation for damages

 

Is there a national database verifying the accuracy of the identification document?

Identifying parties during the procedure at notary public is mandatory.

The national database for verifying identification documents for natural persons is managed by the Ministry of Interior. Due to the personal data protection, data are not publicly available; however, the RGA and the notaries public have the right to access these data via eZUP. (ISeZUP is the tool for electronic data exchange among all public administration organs.)  The services provided by the MoI for the official needs facilitate check of identification documents’ validity.

The governmental database for verifying data on the legal persons’ identity is managed by the

 Serbian Business Registers Agency (SBRA) – available here.