Can You Still Buy an Unlegalized Building in Montenegro? What the 2025-2026 Legalization Law Means for Foreign Buyers

For years, foreign buyers in Montenegro faced a recurring problem: they would fall in love with a seaside villa or a Kotor stone house, sign a purchase agreement, and only later discover that the property couldn’t be legally registered in their name. The building was unlegalized — constructed without a proper permit — and the seller either didn’t know or didn’t mention it.

In August 2025, Montenegro adopted a new Law on Legalization of Illegally Constructed Buildings, followed by amendments in February 2026 that extended key deadlines. For foreign buyers, these changes are among the most important developments in Montenegrin real estate in the past decade.

This article explains what changed, what it means in practice, and what to check before signing anything.

The Short Version

If you are considering buying property in Montenegro in 2026, three things are now true that were not true before:

First, unlegalized buildings can no longer be freely sold. The Cadastre registers a prohibition-of-transfer note against properties without valid building permits, which blocks the registration of ownership to a new buyer.

Second, only buildings that existed on the official satellite imagery of Montenegro dated 27 July 2025 can enter the legalization process at all. Anything built after that date cannot be legalized and cannot enter legal circulation.

Third, the deadline to submit legalization applications was extended to 20 September 2026, giving current owners a final window to regularize their properties.

What Was the Problem Before

Before the 2025 law, Montenegro’s real estate market had a significant share of properties in a grey legal zone. Houses built without permits, apartments extended beyond their approved dimensions, rooftop additions, enclosed balconies converted into rooms — all of these could be sold, often without the buyer realizing what they were actually buying.

The risk fell on the buyer. Someone could pay 300,000 euros for a villa, only to discover that the property couldn’t be registered to them because a third of the structure was never permitted. Resolving such situations often required years of legalization proceedings, additional fees, or in the worst cases, partial demolition.

What Changed in 2025 and 2026

The Law on Legalization of Illegally Constructed Buildings introduced a clear break from the previous practice.

Unlegalized buildings are now effectively removed from the market. The Cadastre is required to register a note of prohibition of transfer against any property that is unlegalized or in the process of legalization without a final decision. This note blocks the registration of a new owner, meaning that even if you sign a purchase agreement and pay, you cannot become the legal owner until the property is legalized.

The satellite imagery cut-off date matters enormously. The Ministry of Spatial Planning uses official satellite imagery captured on 27 July 2025 as the reference. A building visible on that imagery can enter the legalization process. A building constructed afterward cannot be legalized — it can be subject to demolition.

The February 2026 amendments extended the application deadline. Owners of unlegalized buildings now have until 20 September 2026 to submit their legalization application. After that date, the process closes, and the consequences for owners who missed the window become severe.

What This Means for Foreign Buyers in Practice

The new legal framework is actually good news for buyers — if you know how to check. Here is what to verify before committing to any property purchase in Montenegro.

Check whether the property has both a building permit and a use permit. The building permit authorizes construction; the use permit confirms that what was built matches what was approved and is safe to use. Many older properties have only the building permit, which is not enough.

Check whether the Cadastre shows any prohibition-of-transfer note. If such a note exists, the property cannot be transferred to your name until the underlying issue is resolved. This is often invisible to buyers who rely only on what the seller tells them.

Check whether the registered dimensions match the physical reality. A common issue: the Cadastre shows a 120-square-meter house, but the actual structure is 180 square meters because the owner added an extension without permission. The extra 60 square meters is unlegalized and may drag the entire property into the grey zone.

If the seller tells you the property is “in the process of legalization,” ask for written proof of the application, the file number, the stage of the procedure, and the expected timeline. “It will be legalized soon” without documentation is a red flag.

For new construction bought directly from developers, verify that the developer has obtained both the building permit and the use permit for the specific unit. Some developers sell apartments before the use permit is issued, which creates risk for early buyers.

What Happens If You Already Own an Unlegalized Property

If you already own a property in Montenegro that is unlegalized, and it was visible on the 27 July 2025 satellite imagery, you should act before September 2026. The legalization process requires a geodetic survey, preparation of technical documentation, payment of fees, and a formal application to the competent municipal authority.

After 20 September 2026, the window closes. Properties that were not submitted for legalization by that date face a much harder path forward, and owners may face obligations related to unauthorized construction.

The Bottom Line

Montenegro’s real estate market is cleaner and safer in 2026 than it was three years ago. For foreign buyers, this is genuinely good news — the legal risks have been significantly reduced, and the pool of high-risk properties has shrunk.

But the new rules only protect you if you actually check. A seller who knows their property has a problem has every incentive to move fast and hope you don’t notice. A buyer who doesn’t verify the legal status before signing still takes on real risk.

A professional due diligence check before any purchase is the single most effective way to avoid problems. At minimum, it should confirm ownership, verify the legal status of the building, check for any encumbrances or transfer prohibitions, and compare the registered data with the physical property.


Considering buying property in Montenegro? Our Property Due Diligence Report verifies ownership, legal status, encumbrances, and hidden liabilities — so you know exactly what you are buying before you sign.

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