SERBIA: Amendments to the Law on Enforcement and Security

Newsletter 156

The Amendments to the Law on Enforcement and Security, which entered into force on 31 October 2025, introduce  the conditions under which the debtor’s sole immovable property may be exempted from enforcement, as well as the actions of the court and public bailiff in situations where such property is designated as the subject of enforcement, and the reasons why the property, even when the conditions are met, shall not be exempted from enforcement.

The reason for adopting these amendments lies in the protection of the right to a family home, which is guaranteed by Article 8 of the European Convention on Human Rights.

The amendments stipulate that enforcement may not be ordered against immovable property if:

• the property is the debtor’s sole immovable property.
• the debtor has had residence at the property for at least five years prior to the filing of the motion for enforcement, and that address has not been deactivated.
• the property has a surface area of up to 60 m².
• the principal claim does not exceed half of the market value of the property, as determined in accordance with the act of the local self-government unit; and
• the debtor, within three years prior to the date of filing the motion for enforcement, has not sold or gifted another immovable property, renounced the right to inherit immovable property, or concluded a lifelong support agreement.

The court, ex officio, determines whether the above-mentioned criteria are met for the immovable property designated as the subject of enforcement. In the event that the enforcement creditor designates as the subject of enforcement immovable property that meets the stated criteria, the court shall reject the motion for enforcement. In any case, if the court incorrectly applies the provision prescribing the above-mentioned conditions for exemption of immovable property, the enforcement debtor may file a legal remedy against the enforcement decision.