Areas of expertise
Real estate and Property management
We provide comprehensive legal services in the field of real estate, especially:
- complete legal assistance regarding the sale and purchase of the real estate, construction, project development, financing or encumbering of real estate, including the implementation of all legal and factual actions with the aim of collecting the necessary documents, approvals, and permits;
- negotiations with local authorities to sell public land to private investors, including the acquisition of land under facilitated conditions through a special agreement, starting with the development of the investment concept, submission of initiatives to the competent authorities, advocacy of investment concept, protection of investors' rights and position, until the conclusion of the Agreement on the disposal of real estate through a special agreement;
- advising investors on all aspects of property investments, including site selection, opportunities to acquire and exercise the right on benefits and incentives, providing sources of financing, obtaining the necessary licenses, approvals, and permits in the construction process;
- advising and assisting in conducting negotiations and concluding preliminary contracts and contracts for the sale and lease of real estate, direct cooperation with competent notaries and land registry offices, so that the client receives the “one-stop” service and without a direct presence in Bosnia and Herzegovina or acquired property;
- representation in proceedings for termination of a contract for the sale of real estate, handover or vacating of real estate, with all relevant consequences;
- complete due diligence and other forms of legal analysis of real estate and its encumbrances, establishment, updating, and moderation of data exchange premises;
- advising on issues of protection of the environment and harmful emissions, obtaining all necessary permits and approvals;
- representation in procedures: expropriation and legalization of illegally constructed buildings, conducting proceedings with the aim of proving the existence or maintenance of real estate rights;
- procedures for determining property rights and other real rights, arranging boundaries, dissolving real estate, protection of clients' rights in determining of the compensation for expropriation of real estate, etc.;
- realization of all legal and factual actions with the aim of conducting entries in the land registers, obtaining the necessary extracts from the competent land registries;
- advising on all forms of national and international real estate transactions
- advising on classical project development, concepts of use and exploitation of real estate;
- advising on all matters of local construction laws and relevant international construction regulations, including FIDIC contracts;
- advising in relation to real estate rental, sale, and lease,
- advising on corporate, tax, and public law issues related to real estate.
- examination of ownership status and encumbrances, research of applicable land management regulations (construction conditions and permitted land use), and various legal limitations (environmental restrictions, forest protection, archaeological sites, antiquities, buildings under special conservation regime, traditional sites, coastal areas, etc);
- advising in the process of negotiating and concluding contracts on the purchase of property and transfer of ownership of the real estate and movables;
- drafting and advising during the drafting of the construction contracts, mortgage registration agreements;
- advising on other forms of land encumbrance,
- submitting all types of applications for the necessary approvals and permits from the competent authorities;
- all types of operational services before the competent land registry authorities, starting from the registration of rights in the land register, requests for correction, representation in the relevant proceedings, as well as in appeal proceedings regarding the registration of real estate rights.
- efficient and quality representation in court proceedings due to violation and restriction of real rights, based on the engagement of an experienced and professionally oriented legal team that constantly monitors changes in legal regulations and practices of competent authorities in BiH, and also in the region.
Our team provides support in all aspects of property investments, which is of particular importance in the context of the system of property relations in Bosnia and Herzegovina. The dual property system, the slow and incomplete process of exhibiting real estate, followed by the complex territorial organization of Bosnia and Herzegovina, in which there is no single Law on Real Rights – often create confusion for investors. Therefore, in practice there are a number of issues related to the acquisition of land ownership by the foreign nationals, often and insufficiently understood the right of construction and its consequences when assessing the possibility of mortgaging and enforcing a mortgage, and there is a complex system of real estate taxation which is different in the Entities, Brcko District and cantons. Because of this, foreign investors, but also local clients, urgently need quality, fast and reliable legal advice based on knowledge, understanding of socio-political relations in BiH, and the professional approach of the legal team that quickly leads to the acquisition or disposal of real estate.
Contact persons
Tijana Krivokapić
Attorney at Law │ Business Development Partner
Areas of expertise: M&A; International private Law & arbitration; Contract Law in commercial transactions; Dispute resolution.
Nadin Kantić
Attorney at Law │ Partner
Areas of expertise: Banking Law; Contract Law in commercial transactions; Customs; Insurance.
