Notary Costs When Selling an Apartment

Notary Costs When Selling an Apartment

Selling4 min read

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An overview of notary fees and contract certification costs when selling an apartment in Serbia — what the notary charges, who usually pays, and what additional costs to plan for.

In short

Notary costs when selling an apartment in Serbia depend on the value of the legal transaction, the notary public tariff, and additional actions required in the specific case. In practice the buyer most often pays the cost of solemnizing the sales contract, but seller and buyer may agree otherwise. The contract should clearly state who pays the notary, tax, additional statements, translations, and other costs.

What notary costs include

When selling an apartment, the notary public charges for confirmation, i.e. solemnization of the sales contract, and the fee depends on the value of the legal transaction and the notary public tariff. In addition, there may be extra costs for transcripts, certification of special statements, powers of attorney, spouse consent, translation, or presence of a court interpreter.

Who pays the notary

In practice it is often agreed that the buyer pays the cost of certifying the sales contract, because the buyer acquires ownership and is registered in the cadastre. However, this is not a universal rule — seller and buyer may agree a different split of costs, so the contract should clearly state who bears each cost.

  • Solemnization of the sales contract — most often the buyer, unless otherwise agreed
  • Spouse consent, power of attorney, or special seller statements — depends on agreement and reason they are needed
  • Translation or court interpreter costs — most often the party that needs translation, unless otherwise agreed
  • Costs related to loan, mortgage, or pledge statement — most often the buyer using a loan

Notary, tax, and cadastre

Notary costs are not the same as transfer tax on absolute rights. Transfer tax is 2.5% when the transaction is not subject to VAT and no tax exemption applies. The seller is legally liable for the tax, but in practice the contract often provides that the buyer bears this cost. After contract certification, the notary public submits documentation to the competent authorities through the prescribed procedure.

Which notary has jurisdiction

For real estate transfers you cannot always choose any notary public in Serbia. The contract is certified by the notary public with jurisdiction over the area where the property is located, or one of the competent notaries if there are several in that area.

Additional costs to plan for

Besides the notary fee, buyer and seller should plan other possible costs: transfer tax or VAT, agency commission if agreed, bank costs for a loan, bank valuation, mortgage, translation and court interpreter for foreigners, and obtaining additional documentation if required.

Notary cost checklist for selling

  • Check approximate costs with the competent notary before signing
  • Agree who pays solemnization of the sales contract
  • Separate notary costs from transfer tax or VAT
  • Check whether additional statements, powers of attorney, or spouse consent are required
  • If the buyer is a foreigner, check translation and court interpreter costs
  • If the buyer uses a loan, check bank costs, valuation, mortgage, and pledge statement
  • Clearly state in the sales contract who bears each cost

Frequently asked questions

L
LIVION Tim

Real estate agency, Serbia

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