The rights of foreigners and the process of purchasing real estate

27.12.2009 20:26
Foreign nationals may acquire real estate in Montenegro without any restrictions - both physical and on a legal entity. The only exception is the land of strategic importance, nature reserves and historic monuments.

GETTING STARTED With Buying process

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Property in Montenegro is now offering a large number of Russian Realtors, who are building their own or working with their Montenegrin counterparts. Therefore, look after housing in this country can not cross the borders of our country. To do this, you can turn to the Internet Directory foreign real estate agent or visit the office and choose the appropriate option. Already at this stage of preliminary contract is signed and paid a deposit of 10% of the value of the object. However, it should take into account the risks, and the buyer is still recommended to come to the personal views of the object. The procedure of signing the preliminary contract elaborated below.

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In Montenegro, you can buy a property remotely, via a trusted representative. Typically, realtors and even offer the service registration by proxy of their representatives, but the transaction value of this may grow by up to 1%. In any case, the document will need to be assured in the Montenegrin courts.


In Montenegro from Russia has a variety of ways. In the Balkan country can go by car, bus, train or plane.

Car. Traveling by car with a Schengen visa. To get to Montenegro, it is necessary to cross the borders of Belarus, Poland, Germany, Austria and Italy. From St. Petersburg by ferry you can get to Rostock, Germany, and from there move in a southerly direction. Such a trip can take three or four days, with stops.

Railway. From June 2009 comes a direct train Moscow - Bar. Round-trip ticket costs ? 300. Travel time - 60 hours. Also you can get from Moscow to Belgrade, and then take a train to Podgorica or Bar. Travel time - two and a half days from transplanting. For this trip you will need a Schengen visa.

Bus. To travel by bus also need a Schengen visa. In the summer in Montenegro, followed by buses from Belarus and Ukraine. Hence, to get to Montenegro can be in two days. Regular bus routes are sent to and from neighboring countries - Serbia, Croatia, Bosnia and Herzegovina.

Flights. Direct scheduled flights to the town of Tivat, located on the coast, and in the capital, Podgorica exercise from Moscow Airlines Muscovy and S7. Company Montenegrin Montenegro Airline »flies both in Moscow and St. Petersburg. In addition to this summer in the country opened many charters, tickets for which are in direct sales. Flight time - three hours. The cost of the charter of the Moscow trip is about ? 300, from St. Petersburg is more expensive by about ? 100.


Calculations of the transaction are made in non-cash form. Transfer money as you can from Russia's account and the account in the Montenegrin bank. Its opening will take ten minutes, require only a passport. Money from Russia to Montenegro will cost just over ? 100. Documents on the origin of money is not required.


Once an object is selected (usually still in Russia), the buyer signs a preliminary contract (predugovor), which records all of its obligations and describes the real estate purchased, its price and payment terms. At this point, paid reservation fee of 10% of property value. If the buyer refuses the deal, the initial fee is not refundable, but if the deal refused to sell, he is obliged to return the missed payment to the buyer double the amount. Therefore, the seller must take the receipt that the deposit is made.

For the real estate transaction and obtain property rights in Montenegro, the buyer need a passport, and the seller - Page nepokretnosti (proof of ownership). This document confirms the legal purity of the object, the legality of its registration and ownership.


In contrast to the pre-contract signing of a definitive agreement (glavni ugovor) occurs only in the territory of Montenegro, in the presence of both parties or their representatives by proxy. The signatures shall be certified by the official seal of the judicial authority of Montenegro. After confirming the seller's rights to property corresponding document in a local municipality is determined by the value of real estate. The real value of property (the one that paid) as a result may be higher than the estimated value, but not below it. The buyer then pays the tax for the transfer of property rights in the amount of 3% of the value of the transaction.

Once the tax is paid, the buyer transfers money from his account to the seller. The transaction is completed when the payment to the seller the full amount of the contract. The payment term is usually a week to a month.


Compared with other countries, the cost of purchasing real estate and design of the property in Montenegro are low. As stated above, the tax on the purchase of property (transfer of property rights) is 3% of the value of the property specified in the contract of sale. To make tax Tax Inspectorate sends a receipt to the address of the buyer (this happens only after the registration of the contract in court). Pay for it must be within 15 days after receipt. If, within two months of the payment is not made, begins accruing interest. So if you do not receive a receipt by mail, you must contact the tax office in person.

The cost of a lawyer engaged in preparing a sales contract is between ? 100 to ? 300 per transaction, although some companies are willing to provide such services free of charge. Registration fee for notarization of the court and are included in the cadastral book is 0,01-0,25% of the value of the transaction, but does not exceed ? 330. Legal Fees for registration of property rights - 0,5-1%.

Services realtor estimated at 3-5%. In Montenegro, they are usually paid by the seller. However, it should be borne in mind that sometimes takes the realtor commission and the buyer, too.


After the final calculation of the seller provides a receipt that the payment received in full, and assured his signature statement of data entry for a new owner in the cadastral register. By law Sheet nepokretnosti should be ready within a month, but sometimes this procedure can last for six months.


In connection with the crisis to get a mortgage loan to foreign nationals has become virtually impossible. Mortgage loans in Montenegro on individual foreigners are not issued. However, the Montenegrin banks interested in lending to investment construction. Therefore, foreigners still be possible to get a loan for construction in the registration of legal persons.

The company acquires land and then develops and coordinates construction project in accordance with DUPom (detailed urban plan). Continue to have a cost estimate for all phases of construction, and obtained a building permit. In fulfilling these requirements can obtain a mortgage, agreeing with the bank repayment schedule interest. If the loan does not exceed ? 900 thousand, then the question of his extradition is solved rather quickly - within a week, applications for loans larger than ? 900 thousand require a longer review.

Interest on mortgage is 6-8% per annum. It is expected that next year some of the Montenegrin banks start lending to foreigners by 8-9% per annum on bail company-builder for a period of five to ten years.

In Russia, mortgage programs for the purchase of foreign real estate there, so you can only get long-term loan secured by owning real estate.


Purchase of housing under construction

Montenegro is very widespread purchase of housing under construction. Depending on the builder contract form can be changed: it is a preliminary purchase agreement or investment agreement or contract of participation in joint construction. All these forms are permitted by law.

Specified in the contract area, the boundaries of the acquired property, finishing materials, from which the object is constructed, payment deadlines and penalties in case of late payment by the buyer or the construction of the seller. The main responsibility of the buyer - prompt payment under the contract.

After acceptance of the object state commission the buyer signs the act of acceptance of housing, verifying its compliance with the contract. Then the standard scheme, already described above, the procedure for registration of ownership passes to the property. Legally, the buyer becomes the owner only after the land registration.

When purchasing housing under construction, that is when the buyer becomes the first owner of the property, under existing legislation in Montenegro, he is fully exempt from tax on the purchase of real estate. However, there is a subtlety: it all depends on how the developer draws up a specific object. Should therefore be clarified with the builder, whether the purchaser is released from this tax.

Purchase of land and housing

Despite the fact that the legislation authorized the sale of Montenegro building land to foreigners, the process of agreeing and obtaining permission to build a fairly laborious and time consuming. Expect solutions have six months to two years.

To obtain a building permit necessary coordination with local authorities. To do this we must first get a decision on the location of the local municipality, where a complaint together with copies of Liszt nepokretnosti and plan of the inventory. However, if the object, which is expected to build, over five floors, and its area of more than 1 thousand square meters. m, then contact should be already in the Ministry of Economy. This measure is related to the fact that the regulations permit high-rise buildings no higher than five floors, as Montenegro is located in a seismically active zone.

Decision on the location of affirms that in this sector can build, describes the city building specifications and validity of the document, which is one year. During this time, it must undergo the procedure of final agreement and obtain a building permit, because the very decision on the location is not.

After receipt of the decision on location should begin to develop major projects, which includes a number of documents (architectural and urban planning study, the calculation load of metal structures, coordination of engineering and technical conditions for water, energy, alignment with the fire service, etc.). All these questions decides the chief architect, who themselves agree with the other technical services.

Approved by the State fees for the development project is ? 15 per "square" the total area, but we can agree and lower cost, especially if the object is large. Then the project is certified by a licensed engineering firm, for which he must pay more for ? 1 per square. m. Subsequently, the document is filed for approval to the municipality, where the commission is appointed by checking all the technical documentation for compliance with building codes. She makes a decision to grant urban coherence, which is not yet a building permit. To obtain final approval, you must pay the costs for public services (fee arrangement of the construction site), and taxes. Depending on the type of construction may require the passage of approvals in several instances.

This procedure of obtaining a building permit includes many instances, but now the Montenegrin government is studying a bill that would facilitate the harmonization process for the investor. For him the owner of the project will communicate with the authorities only twice - in obtaining building licenses and licenses to operate the facility, and to local governments will be subject to an area of up to 3 thousand square meters. m. For objects of less than 500 square meters. m. repealed mandatory peer supervision and receive technical committee.

Technical Commission, which posed the harmonization of construction, taking home with commissioning and issue a document that records the execution of construction in accordance with the issued permit. Next home address is assigned, which will be recorded in the inventory. To help in the harmonization of procedures in local government and to introduce housing into operation can construction company. Now in Montenegro construction services offers a variety of companies, but the quality of construction works and compliance schedule can be guaranteed only by a licensed company. During the construction of a dwelling house of brick and concrete apartment price. m ranges from ? 400 to ? 500.


Those who have not yet decided on the purchase of Montenegrin houses, but only looks closely, you can spend the holiday, taking off in the rental housing, especially since rent here - one of the cheapest in Europe. Quite a decent apartment in the seaside city will cost around ? 50 a day, you can find and more democratic alternatives.

In principle, you can find refuge and on arrival (can be found everywhere a sign "sobe" - "shall"), have agreed everything with the owner yourself. But often this housing is not located on the shore, and on the hill, so the way back to the house may become the "ascent to Calvary." Still, better to worry about the rent in advance and rent a house through the Internet, turning to the realtor or travel agency.

You can also refer to online bulletin boards, for example,, where to find the Russian owners of real estate in Montenegro and agree with them about the lease. Many of the proposals for the lease of apartments in Budva and its surroundings, and in another region of the country - Boko-Kotor Bay - usually houses, commercial premises, the cost of which varies from ? 100 to ? 300 per day.
Content tags: Overseas property
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