Buying building land in Bosnia: zoning, permits, utilities

You can buy a plot in Bosnia and Herzegovina without any permit, but you will only be allowed to build if the building matches the planning documents for that location. Before you sign anything, ask the municipality what the land is zoned for and whether a detailed plan covers it. Where possible, also get the document that says what and how much you may build before you hand over money. In the Federation this is the urbanistička saglasnost (urban planning consent) or lokacijska informacija (location information). In Republika Srpska and Brčko District it is lokacijski uslovi (location conditions).

This is general information, not legal advice. For your specific plot, the municipal planning office, a notary or a lawyer confirms the rules that apply.

Who decides: FBiH, RS and Brčko District

The rules differ by part of the country, so first establish where the plot is.

• Federation of BiH (FBiH): most family houses fall under cantonal spatial-planning laws, and the municipality (opština or općina) issues the documents. The Federal Ministry deals only with special projects, such as those spanning two or more cantons, buildings of federal importance or projects with a major environmental impact. The main document is the urbanistička saglasnost. Where a detailed plan exists, a lokacijska informacija is issued instead.
• Republika Srpska (RS): the document is called lokacijski uslovi, under the Law on Spatial Planning and Construction (Zakon o uređenju prostora i građenju). Under the current text of the law it is a technical expert document, not an administrative act.
• Brčko District: the document is also called lokacijski uslovi, but here it is an administrative act (upravni akt). It is issued by the Department for Spatial Planning and Property Affairs (Odjeljenje za prostorno planiranje i imovinsko-pravne poslove).

This difference in legal nature is not just theory. It affects how the document can be challenged and how far you can rely on it, so ask the municipality or a lawyer to explain what it means in your case.

Land use (namjena zemljišta): the first question

The permitted use of a plot (namjena zemljišta) is not set by the advert or the seller. It is set by the municipality's planning documents, and construction is approved only if it fits them.

What to ask at the municipality

1. Which zone the plot is in and what use is permitted there: housing, business, agriculture, green space and so on.
2. Whether a detailed (implementing) plan covers the area: a regulacioni plan (regulation plan), urbanistički projekat (urban design project) or plan parcelacije (subdivision plan). This decides which procedure follows.
3. The minimum and maximum plot size and what the plan allows to be built. In RS, zones carry urban standards that include permitted uses and plot size.
4. Whether the plan is being changed or a new one is being prepared. In Brčko District, location conditions must state whether they could change if a new implementing plan is adopted.

Some municipalities explicitly let you look at the valid planning documents before you apply. In Konjic, for example, staff show you the plans and carry out a site visit. Use this: a free conversation at the municipality often saves the most money.

Land outside the building zone

In FBiH you can sometimes build outside designated building land, but then the building plot is defined only by the urbanistička saglasnost itself. For a buyer this means you do not know in advance how much of the land will count as the building plot. If the land is recorded in the cadastre as agricultural, ask the municipality whether a change of use is needed and whether a fee is charged for it. These rules are in each entity's law on agricultural land, and the amount must be checked for the specific plot.

Getting the urban planning consent or location conditions

FBiH

The urbanistička saglasnost sets out the use, position and design of the building, an extract from the planning document with the plot boundaries, the consents required from other authorities, and the urban-technical conditions.

In Sarajevo Canton there are two routes of equal standing: the lokacijska informacija (where valid detailed plans exist and for simpler buildings) and the urbanistička saglasnost. For a project within one municipality, you apply to the municipal mayor (općinski načelnik).

Under the federal law, the consent is valid for one year from the day it becomes final, and you must apply for the building permit within that year. In exceptional, justified cases it can be extended once by another year. Cantonal rules may differ, so confirm the validity period with your municipality.

Examples from municipal practice (amounts may have changed):

• Novo Sarajevo: land-registry extract (ZK izvadak), copy of the cadastral plan, a preliminary design (idejno rješenje or idejni projekat) and proof of paying the 32 KM administrative tax, all as certified copies.
• Travnik: a preliminary urban planning consent (načelna urbanistička saglasnost) for an individual house costs 45 KM, is issued within 15 days and is valid for one year, with a possible extension.
• Kalesija: the possession sheet (posjedovni list, the cadastral record of who uses the land) and copy of the cadastral plan, each no older than 6 months; a preliminary design only for more complex buildings; a fee of 40 KM for an individual house.
• Mostar and Konjic: copy of the cadastral plan, a description of the building or explanation of the request, and a preliminary design.

Republika Srpska

Location conditions are issued by the municipal spatial-planning office, or by the ministry for complex buildings. The legal deadline is 15 days from a complete application. If the office does not respond, you can appeal as if your request had been refused.

Where no implementing plan covers the area, the location conditions are drawn up from the valid planning document and an expert opinion from a licensed firm. They also include statements from the owners of neighbouring plots, given at the office or with certified signatures. If you do not get on with the neighbours, this can slow down or complicate building, so it is worth knowing how things stand before you buy.

How long location conditions remain valid is not clear-cut. Some municipalities say they are valid until the plan changes; others require extra steps if no building-permit application is filed within a year. Ask your municipality.

Brčko District

You apply to the Department for Spatial Planning and Property Affairs, and the deadline for issuing location conditions is 30 days. Where there is no implementing plan, they are issued on the basis of the existing planning document after a site visit. The location conditions also list the attachments needed for the building permit.

Can you get the consent before you buy?

In many cases yes, and this is the best protection a buyer has. Novo Sarajevo accepts, as proof of legal interest, a decision under which the investor will acquire ownership, and some municipalities issue a preliminary urban planning consent. The usual approach is:

1. Agree with the seller that you will apply before the final purchase, or with the seller's consent.
2. Write into the pre-contract that the purchase depends on receiving a favourable consent or location conditions.
3. Tie the deposit (kapara) to that condition.

How to word this and what happens to the deposit if either side withdraws is covered in our guide to the pre-contract and deposit. Check in advance whether your municipality accepts an application before you own the land.

Utility connections: electricity, water, sewerage

A plot that cannot be connected is a plot with a large hidden cost. Implementing plans contain data on road, energy, water and telecom infrastructure and the conditions for connecting to it. In FBiH, the urbanistička saglasnost includes the consents and conditions of the relevant services.

What to do:

• Ask the municipality which connection conditions apply to the plot and how far away the existing network is.
• Check with the local electricity and water distributors whether a connection is possible, how long it takes and what it costs. We do not have reliable general figures, because they depend on the distributor and the location.
• In RS, expect a water consent (vodna saglasnost) as a separate step.
• Check that there is an access road to the plot and that it is registered.

Fees that are easy to overlook

In RS you pay a fee for developing building land (naknada za uređenje građevinskog zemljišta) and a one-off rent (renta). Both are calculated per m² of usable floor area of the building, based on a municipal decision. In FBiH, cantons and municipalities have their own rules on similar fees. Always ask for the amount in writing for your municipality, as it can be significant compared with the price of the land.

Checklist: municipality and land registry

• ZK izvadak, posjedovni list and copy of the cadastral plan, as a rule no older than 6 months
• whether the land register and the cadastre match (area, plot number, owner)
• permitted land use and whether an implementing plan exists
• urbanistička saglasnost, lokacijska informacija or lokacijski uslovi, ideally before buying
• connection conditions and access road
• land-development fees and renta
• encumbrances, mortgages and disputes registered on the plot

How to read the land-registry extract is explained in our guide to the land registry extract.

Common mistakes

• Relying on the seller's word that the plot is "building land". The plan decides, not the advert.
• Buying first and going to the municipality afterwards. If building turns out to be impossible or restricted, the money is already gone.
• Ignoring the validity period of the consent. If you do not apply for the building permit in time, the process starts again.
• Unchecked connections and access. A distant network or access across someone else's land can cost more than the land itself.
• Applying rules from the other entity or from Serbia. Many online articles describe Serbian location conditions, and their deadlines do not apply in Bosnia and Herzegovina.

Example

A buyer living abroad wants a plot of around 600 m² on the edge of a village in Tuzla Canton for a family house. Before signing the pre-contract, they obtain the possession sheet and a copy of the cadastral plan, visit the municipality and ask whether a detailed plan exists. There is none, so with the seller's agreement they apply for an urbanistička saglasnost. The pre-contract says the deposit is returned if the consent is refused or does not allow a house of the planned size. At the same time, they check the electricity and water connection with the distributors. Only once they have the consent and written information on connections and fees do they go to the notary. For the wider process, see our guide to buying property in Bosnia from abroad.

How DMI helps

DMI currently lists flats in Sarajevo, not plots, so we will not sell you land on the promise that "everything is checked". What we do for every property we publish - an in-person visit and a check of the land registry and legalisation - we can also do for a plot you have found yourself: obtain the extracts, go to the municipality with you or on your behalf, and prepare questions for the notary. If you are selling land, contact us through Sell your property.