Checking property legal status before buying – what you need to know

Buying real estate in Montenegro is a serious process that requires careful planning, a good understanding of legal regulations, and the involvement of professionals to help ensure a smooth transaction. Being legally informed helps make sure everything goes as planned. With the support of a reliable agency like Amfora, buyers can make informed decisions more easily and avoid common pitfalls in the real estate market. You can read more about the importance of hiring a professional real estate agent on our blog.
In the rest of this article, we’ll highlight the key legal aspects of a property that should be checked before making a final decision to buy.

How to check who owns the real estate

The ownership status of real estate in Montenegro is verified through the Real Estate Cadastre, the official database that contains all relevant information about properties and their owners. It’s essential to obtain a valid extract from the Real Estate Cadastre, which includes details about the current owner as well as any encumbrances, such as mortgages or other legal claims. The document should not be older than six months to ensure the information is accurate and legally valid. You can request the extract online or by visiting your local cadastre office. This step ensures that the seller has the legal right to sell the property and that there are no obstacles to the transaction.

Which permits to check before buying real estate

The key permits and documents to check before buying real estate include:
• building permit,
• occupancy permit,
• urban planning status,
• verification of any active contractual obligations.
A building permit is an official document that confirms the real estate you intend to purchase was constructed legally.
An occupancy permit is a formal certificate that confirms the property was built according to the approved plans, in compliance with the building permit, and that all construction rules and technical standards were met.
Urban planning status should be reviewed to ensure that the property aligns with local planning documents. This includes permitted building types, number of floors, and other technical requirements.
Verification of active contractual obligations is also crucial. A property may be subject to pre-existing contracts that remain in effect even after ownership changes. It's important to identify whether such agreements exist and understand their implications.

The bottom line is that the legal status of the real estate must be completely clear before signing the purchase agreement to avoid any potential issues later on.
For additional legal checks on real estate, we recommend visiting the official website of the Real Estate Administration of Montenegro. If you decide to buy real estate in Montenegro, our agency is here to provide you with all the necessary information and support. Choose a partner who guarantees a secure buying process — choose Amfora Real Estate!