With the entry into force of the new law commonly referred to as “Svoj na svome”, the former Law on the Legalization ceased to apply. In addition, all proceedings initiated under the former law were discontinued. This means that for all cases in which a decision on legalization had not been issued by 24 October 2025, a new application must be submitted in accordance with the provisions of the new law (the full official name of the so-called “Svoj na svome” law is the Law on Special Conditions for the Registration and Entry of Rights in Real Estate).
However, not everything has “fallen through”.
Final and legally binding decisions on legalization that were issued before the entry into force of the new law remain valid. In order for the rights arising from such decisions to be formally implemented, they must be entered into the Real Estate Cadastre, in accordance with the law governing the procedure for registration in the Real Estate Cadastre and the Cadastre of Infrastructure.
Since registration in the e-Cadastre cannot be carried out independently, without the involvement of a qualified professional – namely, a lawyer authorized to act before the Cadastre – the question arises as to whether the new “Svoj na svome” law, which emphasizes the principle of independent electronic registration via a dedicated platform, has brought about any substantive change.
In short – it has not.
Lawyers remain necessary in all proceedings before the Cadastre, except in cases where individuals merely wish to register ownership of a building for which they are entitled to use the simplified procedure.
Registration in the Cadastre under the “Svoj na svome” Law
The adoption of the law publicly known as “Svoj na svome” introduced the possibility for citizens to independently submit, in electronic form and via a specialized platform, an application for the registration of rights in real estate.
At first glance, the new system gives the impression that procedures are fully automated and that legal assistance is no longer required.
However, practice shows that the situation is considerably more complex.
While the new law has simplified one segment of the procedure, it has not abolished the need for lawyers in registration proceedings, nor has it altered the general legal regime governing the Cadastre. On the contrary, in the majority of situations, the involvement of a lawyer remains essential.
Below, we explain:
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what the “Svoj na svome” law actually enables,
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when a lawyer is not required under this law,
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in which situations legal assistance is still necessary, and
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when the (otherwise repealed) Law on the Procedure for Registration in the Real Estate Cadastre and Cadastre of Infrastructure continues to apply.
What Does the “Svoj na svome” Law Actually Introduce?
The law known as “Svoj na svome” was introduced as a special, time-limited procedure enabling the registration and entry of rights in respect of certain real estate, through a simplified process.
Its core purpose is to:
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allow citizens to submit applications independently,
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conduct the procedure electronically,
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reduce administrative burdens, and
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enable registration in cases where the factual situation is relatively clear and undisputed.
It is important to understand that this is not a general cadastre law, nor a replacement for the standard registration procedure, but rather a special and exceptional legal regime.
Are Lawyers Mandatory under the “Svoj na svome” Law?
No. The “Svoj na svome” law does not prescribe mandatory legal representation.
An individual may independently submit an application via the platform, without a legal representative, provided that:
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all statutory conditions are met,
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the documentation is complete and orderly,
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there is no dispute regarding the rights,
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there are no multiple interested parties, and
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there are no encumbrances, annotations, or pending proceedings.
In this sense, the law deliberately represents a step toward simplification and digitalization. This method of registration is intended for situations in which the legal and factual circumstances are entirely clear.
This does not mean that a lawyer is unnecessary, but rather that legal representation is not mandatory in such cases.
When a Lawyer Can Be Useful under the “Svoj na svome” Law
Although the law allows for independent submission of applications, practice shows that situations frequently arise in which legal assistance is useful, and in some cases decisive.
1. Incomplete or Inconsistent Documentation
A common scenario includes cases where, for example:
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a contract exists but is not suitable for registration (e.g. it lacks a clausula intabulandi),
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the data contained in the contract does not correspond to the records in the Cadastre, or
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there are errors in the designation of parcels or buildings.
In such cases, the platform will not “interpret” the documentation. In order to avoid rejection of the application due to inconsistencies, a lawyer should assess the legal validity of the submitted documents and determine the correct procedural approach.
2. Multiple Persons Claiming Rights
If there are:
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co-owners,
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parties with conflicting interests, or
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heirs who have not completed probate proceedings,
the procedure ceases to be a simple administrative entry and becomes a matter involving complex legal relations between multiple parties.
In such situations, the platform cannot resolve disputes. Legal analysis is required, often accompanied by additional court or administrative proceedings, making the role of a lawyer indispensable.
3. Encumbrances, Annotations, or Restrictions
A particularly frequent situation involves real estate subject to:
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mortgages,
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annotations of disputes,
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prohibitions on disposal,
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enforcement proceedings,
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court-imposed measures, or
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unresolved prior applications.
In such cases, it is not possible to simply “click and register ownership”.
It is necessary to:
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determine the nature of the encumbrance,
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assess the possibility of its deletion or modification (for example, many mortgages have long been repaid but were never formally deleted), and
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conduct the appropriate procedure,
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communicate with the Cadastre in accordance with prescribed procedures in order to “prepare” the property for registration.
When the Law on the Procedure for Registration in the Real Estate Cadastre Applies
This law applies to all standard and everyday situations, such as:
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purchase and sale of real estate,
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gifts,
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exchanges,
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registration of mortgages,
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deletion of mortgages,
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annotations,
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changes based on court judgments,
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probate proceedings,
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correction of errors in the Cadastre,
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harmonization of factual and legal status, and
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complex property-law relations.
In all such cases, proceedings are conducted under the rules governing registration in the Cadastre. Public notaries are obliged to notify the Cadastre ex officio in proceedings conducted before them. For all other actions before the Cadastre, parties must act via the e-Cadastre through an authorized representative – a lawyer authorized to act before the Cadastre.
The Role of a Lawyer Authorized for Cadastre Registration
A lawyer authorized to act in cadastre registration proceedings has a specific procedural role. Such a lawyer:
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drafts and verifies legal documents suitable for registration,
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submits applications electronically,
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communicates with the Cadastre,
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responds to conclusions and official requests,
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files objections and appeals,
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conducts administrative and court proceedings, and
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protects the client’s interests in the event of a dispute.
In other words, wherever the procedure goes beyond the mere “entry of data” establishing ownership of an illegally constructed building, a lawyer authorized for cadastre registration becomes a key figure.
Conclusion
The “Svoj na svome” law has indeed simplified one part of the procedure and enabled citizens, in certain situations, to independently submit applications for registration via a specialized platform. However, through this mechanism, citizens can register only one very specific segment of their rights – ownership of an illegally constructed building for which they possess all proper and undisputed documentation.
However,
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as soon as the situation is not entirely straightforward,
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as soon as a dispute, encumbrance, or multiple parties are involved, or
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as soon as legal interpretation or procedural representation is required,
the role of a lawyer remains indispensable. The platform facilitates administration, but it cannot replace legal analysis and professional expertise.
Law Firm Petrović Mojsić & Partners