If you own property in Serbia but live abroad, you do not need to fly back to sell it. The entire sale, from listing to final payment, can be handled remotely by a Serbian lawyer acting under a power of attorney.

This guide explains how non-residents and diaspora owners can sell property in Serbia from abroad: the power of attorney process, pre-emption rights on agricultural land, capital gains tax, the notary process, and the costs involved.

Can Non-Residents Sell Property in Serbia Remotely?

Yes. Serbian law does not require the seller to be physically present at any stage of a property sale. A Serbian lawyer can represent you throughout the entire process under a power of attorney, from preparing the property for sale to signing the final notarial deed and collecting the proceeds on your behalf.

This is the most common situation we handle for diaspora clients: an owner living in Australia, the UK, Germany, or elsewhere who inherited or previously purchased property in Serbia and now wants to sell without travelling.

Selling From Abroad: The Power of Attorney Process

The power of attorney is the document that makes a remote sale possible. It authorises your Serbian lawyer to act for you at every stage of the transaction.

The process works like this:

• You sign a power of attorney authorising your lawyer to market, negotiate, and sell the property on your behalf, including signing the sale contract and notarial deed.
• The power of attorney is certified abroad, either at a Serbian embassy or consulate, or before a local notary followed by an apostille and certified translation into Serbian.
• Your lawyer then handles the buyer negotiations, prepares the sale contract, attends the notary appointment, and submits the transfer to the cadastre.
• The sale proceeds are transferred to your account once the transaction is complete.

From your side, involvement is limited to signing and certifying the power of attorney and staying reachable for approvals during negotiation. Everything inside Serbia is handled for you.

Documents You Will Need

To prepare a property for sale, a non-resident seller typically needs to provide:

• The power of attorney, certified and apostilled abroad.
• Proof of ownership, such as a cadastre extract (list nepokretnosti) confirming your title.
• A copy of your passport or ID.
• Proof of the property’s legal status, including confirmation it is free of mortgages, liens, or disputes.
• If the property was inherited, the decision on inheritance (rešenje o nasleđivanju) confirming your ownership.

Documents issued abroad usually need to be apostilled and translated into Serbian by a court-certified translator. We confirm the exact list before you begin, so nothing causes delay later.

Pre-Emption Rights on Agricultural Land

If you are selling agricultural land, Serbian law gives certain parties a right of first refusal before you can sell to an outside buyer. This is one of the most overlooked steps for diaspora sellers and, if skipped, can invalidate the sale.

The pre-emption process works as follows:

• Co-owners of the land, if any, have first priority.
• After co-owners, neighbouring landowners have priority, in order: the neighbour with the longest shared border with your land, then the neighbour with the larger parcel if borders are equal.
• You must send a written offer to each person holding pre-emption rights, stating the price and terms of sale.
• If no one responds within 15 days, you may sell to a third-party buyer, but only on terms equal to or better than those offered to the pre-emption holders.

This process must be documented correctly for the notary to proceed with the sale. We handle the offer notices and waivers as part of the transaction.

The Notary Process

Property sales in Serbia must be concluded through a notarial deed (javnobeležnički zapis). This is a mandatory step, not an optional formality.

At the notary appointment, which your lawyer attends under power of attorney, the notary:

• Verifies the identity and authority of both parties, including the power of attorney.
• Reviews the sale contract and supporting documents.
• Confirms the transaction complies with Serbian law.
• Formalises the deed, which is the legal basis for transferring ownership.

Once the deed is signed and the purchase price is paid, the transfer is submitted to the cadastre. Registration in the buyer’s name typically takes 5 to 15 business days.

Capital Gains Tax on Selling Property in Serbia

Non-residents selling property in Serbia are subject to capital gains tax at a flat rate of 15% on the difference between the sale price and the original acquisition price (or the property’s value at the time it was acquired, for inherited property).

• If you have owned the property for more than 10 years, the sale is generally exempt from capital gains tax.
• As a non-resident, you are required to have a registered tax representative in Serbia who submits the tax return on your behalf and obtains the decision on your settled tax liability.
• The taxable gain is calculated on the market value stated in the sale contract, so accurate valuation matters.

Tax rules and exemptions can change, so we confirm the current position and arrange your tax representative as part of the sale.

Costs of Selling Property in Serbia

Beyond capital gains tax, a typical sale involves:

• Notary fees, calculated based on the value of the property.
• Legal fees for handling the transaction under power of attorney.
• Translation and apostille costs for documents issued abroad.
• Real estate agency commission, if you use an agent to find a buyer.

We provide a clear cost estimate before the transaction begins, so there are no surprises once the sale is under way.

How We Help Non-Resident Sellers

We represent diaspora and foreign owners through the entire sale process in Serbia, from first valuation to final payment. Our service includes:

• Preparing the power of attorney and guiding you through certification abroad.
• Verifying title and resolving any cadastre or co-ownership issues before listing.
• Handling pre-emption notices for agricultural land, where required.
• Negotiating with buyers and drafting the sale contract.
• Attending the notary appointment and completing the cadastre transfer.
• Arranging your tax representative and confirming your capital gains tax position.

If you are selling property you recently inherited, we also handle the underlying inheritance process in Serbia as part of the same engagement, and if you need a valuation check first, we offer property due diligence in Serbia.

Frequently Asked Questions

Do I need to travel to Serbia to sell my property?

No. The entire sale can be handled remotely by a Serbian lawyer acting under a power of attorney, including negotiations, the notary appointment, and the cadastre transfer.

Can foreigners and non-residents sell property in Serbia?

Yes. There are no restrictions on non-residents selling property they own in Serbia. The main extra steps are certifying a power of attorney abroad and, for agricultural land, handling pre-emption rights.

How much is capital gains tax when selling property in Serbia?

The standard rate is 15% on the gain, calculated as the difference between the sale price and the acquisition value. Property held for more than 10 years is generally exempt.

What is a pre-emption right and when does it apply?

It is a legal right of first refusal, mainly relevant for agricultural land, giving co-owners and neighbouring landowners priority to buy before you sell to an outside buyer. You must formally offer them the sale first.

How long does it take to sell property in Serbia?

Once a buyer is found, the notary and cadastre steps typically take a few weeks. The overall timeline depends mostly on how quickly a buyer is secured and documents are prepared.

Do I need a tax representative in Serbia?

Yes. As a non-resident seller, Serbian tax law requires you to have a registered tax representative in Serbia to file your capital gains tax return.

Selling Property in Serbia While Living Abroad?

We handle the entire sale process for non-resident owners, under power of attorney, so you never have to travel. Send us a brief description of your property and situation and we will respond within one business day.

Book a Consultation