прописи на енглеском језику

This Law shall regulate the conditions and the manner of performing immovable property valuation by licensed valuers, the professional capacity of a person and the conditions for obtaining the licence for performing immovable property valuation, the obligation of valuating immovable property in line with this Law, the supervision over the performance of immovable property valuation, reviewing the operations of licensed valuers, disciplinary liability of licensed valuers, the foundation and competence of the Expert Committee, the accredited associations of valuers, as well as other issues pertaining to the performance of immovable property valuation by licensed valuers.

Certain terms, in regard to this Law, shall have the following meaning:

1) Immovable property shall be: the land (agricultural, building land, forests and forest land), buildings (business, residential, commercial, any combination of the buildings thereof, and the like) and other construction facilities, as well as separate parts of buildings (apartments, business premises, garages and garage spaces, and the like) where separate proprietary right may exist (hereinafter: immovable property);

2) National standards, code of ethics and rules of professional conduct of a licensed valuer (hereinafter: National Standards and Code of Ethics) shall be the standards for the performance of immovable property valuation which shall be passed by the minister responsible for finance (hereinafter: the Minister), at the proposal of the Expert Committee, and which the ministry competent for finance (hereinafter: the Ministry) shall publish in the Official Gazette of the Republic of Serbia;

3) Licensed valuer shall be a natural person fulfilling the requirements set forth in this Law, to whom the Minister has issued the licence for the performance of immovable property valuation;

4) The licence for the performance of immovable property valuation (hereinafter: the licence) shall be a public document which, in line with this Law, shall be issued by the Minister;

5) The organiser implementing the professional training programme for licensed valuers (hereinafter: the professional training organiser) shall be the institution of higher education accredited with the ministry competent for higher education, a professional association, i.e. organisation, as well as other legal entity which fulfils the requirements set forth in this Law and by-law, and which has been recorded in the directory maintained by the Ministry;

6) The organiser implementing the programme of continuing professional development for licensed valuers (hereinafter: the organiser of continuing professional development) shall be the institution of higher education accredited with the ministry competent for higher education, a professional association, i.e. organisation, as well as other legal entity which fulfils the requirements set forth in this Law and by-law, and which has been recorded in the directory maintained by the Ministry;

7) The Expert Committee shall be the body founded by the Minister, in line with this Law, for the purpose of performing professional tasks in the field of immovable property valuation in the Republic of Serbia;

8) The internationally recognised professional organisations for valuers, for the purpose of this Law, shall be: the European Group of Valuers' Associations - TEGoVA, the Royal Institution of Chartered Surveyors - RICS and the Appraisal Institute;

9) The certificates for the performance of valuer's duties issued by the internationally recognised professional organisations for valuers, for the purpose of this Law, shall be: the Recognised European Valuer - REV, the Registered Valuer Member of the Royal Institution of Chartered Surveyors - MRICS) and the Member of the Appraisal Institute - MAI;

10) The valuation report shall be a document on the performed immovable property valuation which is, either in written or electronic form, prepared and signed by a licensed valuer, in line with the National Standards and the Code of Ethics;

11) The accredited professional association of valuers (hereinafter: the Accredited Association) shall be a professional association fulfilling the requirements set forth in this Law, accredited by the Ministry and recorded in the directory maintained by the Ministry;

12) The committee for verification of licensed valuers' operations compliance with the National Standards and the Code of Ethics (hereinafter: the Committee) shall be the body formed by the Accredited Association for the tasks of verification of licensed valuers' operations compliance with the National Standards and the Code of Ethics, in line with this Law;

13) The Disciplinary Committee shall be a body formed by the Accredited Association for the needs of administering disciplinary proceedings against its members, for violation of the National Standards and the Code of Ethics, in line with this Law.

The provisions of this Law shall apply to immovable property valuation performed for the needs of:

1) entering into credit agreements secured by a mortgage and concluding other transactions of financial institutions secured by a mortgage;

2) determining immovable property value in bankruptcy proceedings in line with the law regulating bankruptcy;

3) selling immovable property in out-of-court settlement proceedings in line with the law regulating mortgage.

The agreements referred to in paragraph 1, items 2) and 3) of this Article, the immovable property value of which has not been appraised by a licensed valuer, shall be null and void.

Should a notary public, i.e. other authority legally authorised for certification or conclusion of agreements on immovable property transfer, referred to in paragraph 1 items 2) and 3) of this Article, based on insight into the directory of licensed valuers, determine that the immovable property valuation has not been previously performed by a licensed valuer, he/she shall be obliged to refuse to undertake the requested official action.

The licensed valuer may perform valuation of the immovable property which is subject of enforcement within enforcement proceedings carried out in line with the law regulating enforcement and security.

The licensed valuer may perform valuation of immovable property, as well as verification of data from the immovable property price register within the proceedings of mass immovable property valuation in line with the law and by-laws regulating the determination of market value of immovable properties entered into the immovable property cadastre.