At the start of 2026, the amendments to the Serbian Law on Enforcement and Security, which entered into force on 31 October 2025, are beginning to shape enforcement practice in cases involving residential real estate. The revised rules introduce an explicit limitation on enforcement against a debtor’s primary residence, marking a shift toward a stronger proportionality assessment between the value of the claim and the consequences for the debtor.
Under the amended legal framework, enforcement may not be ordered against immovable property where such property represents the debtor’s only residence and the statutory requirements relating to length of residence, surface area and the ratio between the claim and the market value of the property are satisfied. These provisions aim to prevent scenarios in which relatively modest claims result in the forced sale of a debtor’s sole home.
The court is assigned an active role and is required to examine, ex officio, whether the legal conditions for exemption are met when immovable property is designated as the subject of enforcement. If the court finds that the property falls within the scope of statutory protection, the motion for enforcement must be rejected. Where enforcement has already been ordered, the debtor may rely on available legal remedies to seek a judicial determination that the property may not be subject to enforcement.
At the same time, the law preserves specific exceptions to this protection, particularly in cases where the debtor has expressly consented to enforcement against the property, as well as where the claim arises from statutory maintenance obligations or a criminal offence.
Through these amendments, Serbian enforcement law moves closer to the standards developed under the European Convention on Human Rights, especially with regard to the right to respect for one’s home. As courts and enforcement authorities enter 2026 with this framework fully in effect, the changes are expected to have a tangible impact on enforcement strategies, creditor risk assessments and the overall balance between creditor interests and the protection of essential housing needs.
The information in this document does not constitute legal advice regarding any specific issue and is provided for general information purposes only.
