Legal restrictions

1. Acquisition of immovable property by foreign persons/companies.

There are two conditions that affect a foreign citizen wishing to purchase an immoveable property. Nationality does not play a role. Those conditions are:

a) Permanent residence
b) Having a job in our country

This is applicable only for the citizens of foreign countries whose countries have reciprocity agreements with Bosnia. These matters are covered by the LR procedures. They must prove that they fulfil these two conditions.

All 10 questions are covered by LR procedure.

2. Acquisition of agricultural land: restrictions and limitations.

Everything is the same as it is in the answer of the first question. These matters are covered by the municipalities. Citizens have to sign a contract obliging them to use the land for its purposes. In this case, relevant authority is municipality.

3. Acquisition of flat property: legal restrictions.

Everything is the same as it is in the answer of the first question. In Bosnia there is not a legal restriction such as approval by other apartment owners.

4. Acquisition of immovable property in special areas (such as on the coast or near military-related sites or in national parks, in the mountains, etc.)

The permit of the Ministry of Regional Planning is necessary.

5. Acquisition of immovable property and listed monuments and memorials.

One must have permit from the Commission for Protection of the National Monuments.

6. Planning Code and legal restrictions (pre-emption right; approval by the municipality or other authorities; splitting a land parcel).

There is not any special pre emption right to property by the municipalities. Land division requires a special permit. Cadastre permit is needed. Everything is covered by the LR.

7. Land given by the municipality to domestic inhabitants: legal restrictions?.

Does your national law have a so-called «local residents model», i.e. the allocation of land by the municipality under the condition that the buyer is obliged to keep the land and not to move away for a specific number of years?

If yes, are there any legal restrictions for the purchaser?

There is something like that. It is issued mostly for building of houses. Municipalities are in charge of this.

8. Acquisition of immovable property and tax affairs.

Must the transfer tax be paid before or after the registration in the land register? Can the Land Registry carry out the real estate property registration without a certification from the tax office?

Tax has to be paid before, otherwise no registration by the LR.

9. Destination of the land parcel and legal restrictions.

Does your national law have special legal restrictions that are already apparent from the description of the land parcel?

No

10. Any other legal, very specific restrictions.

Does your national law have other, very specific legal restrictions that the Land Registry must observe?

If so, please describe the legal restrictions and their impact on the Land Registry procedure.

No