The scale of the problem
Legalisation in Montenegro has been running since 2017–2018. In that time more than sixty thousand applications have been filed, but the decisions issued are two orders of magnitude fewer. That is why the status of a property here gets checked before the price, not after.
Applications by municipality, cumulative
Sources: Directorate for the Legalisation of Illegally Built Structures (data as of June 2026), Ministry of Spatial Planning, Parliament of Montenegro — amendments to the law of August 2026. Official statements during 2026 count applications slightly differently; the ratio of applications to decisions is the same in every version.
How to read the extract
This is the central document of Montenegrin real estate — an extract from the cadastre. Basic data is available online on the state eKatastar portal without registration, so the first check can be done yourself, before the deposit and before hiring a lawyer.
Plot and building
Cadastral number, area, land use category, address. It also shows whether the building is registered as completed or listed as under construction.
Warning sign: you are shown a finished apartment while the building is listed as under construction.
Owner
The owner's name, the size of their share, the basis of acquisition — purchase, inheritance, gift — and the registration date.
Warning sign: a 1/2 share instead of 1/1, or a recent inheritance with an unclear set of heirs.
Buildings and their parts
Buildings, apartments and premises with their areas and owners. This is where the apartment must exist as an independent unit.
Warning sign: the building is registered as a whole with no separate apartments — you are buying a share, not an apartment.
Encumbrances
All third-party rights: mortgages, liens, easements, life maintenance contracts.
Warning sign: any entry in this section that the seller did not mention first.
Separately: the note "bez upotrebne dozvole" means the building exists but has not passed technical acceptance. Such a property is hard to finance and hard to resell. By law, a structure built without a construction act cannot be the subject of a transaction, and the cadastre carries a note prohibiting alienation.
New build versus resale
Comparing the price of a new build directly with the price of a resale is incorrect until both are brought to a common basis. Here is what that basis is made of.
| New build from developer | Resale market | |
|---|---|---|
| Tax | 21 % VAT already inside the price; no transfer tax | Transfer tax: 3 % up to €150,000, then €4,500 + 5 %, above €500,000 — €22,000 + 6 % |
| Key document | Construction permit, then occupancy permit | List nepokretnosti and the building's history of changes |
| Ownership | Registered after completion and condominium division, not on the day of signing | Transfers under the contract where there are no encumbrances |
| Main risk | Timing, and that until completion you hold a claim, not an apartment | Illegal extensions, area discrepancies, encumbrances, no condominium division |
| Energy certificate | Mandatory for all new buildings | Mandatory on sale since 2024 — ask for it |
| What gets checked | Developer and contractor in the register, the land, permit parameters, completion dates | Owner and share, encumbrances, area match, utility debts |
+ €4,500
tax on top of the resale price
For a €150,000 apartment, at the 3 % rate. Plus the notary and, where applicable, agent's commission.
€480
notary on a €100,000 transaction
Under the current tariff, plus VAT. The scale: €180 up to 20k, €250 up to 40k, €350 up to 60k, €420 up to 80k, €480 up to 120k.
€10,000
cash ceiling since 12 May 2026
Banks do not accept cash at or above this amount on property transactions. Splitting payments is tracked as connected transactions.
Sources: Montenegrin legislation on property transfer tax and VAT; the current notarial tariff; amendments to the Law on the Prevention of Money Laundering, in force since 12 May 2026; building energy certification rules, in force since 1 July 2024.