Notar (Notary): A notar (notary) in Bosnia and Herzegovina is a licensed legal professional authorised by the state to certify legal documents, authenticate signatures, and give binding legal form to agreements including property transfers, wills, and powers of attorney.
Notaries (notari) in Bosnia and Herzegovina are regulated by separate legislation in each entity: the Law on Notary in the Federation of BiH (FBiH) and the Law on Notaries in Republika Srpska (RS). The Brčko District has its own notarial rules. Despite entity-level regulation, the core role of the notary is the same across BiH: to provide an independent, legally binding public authentication function for documents that must be certified under law.
In Bosnia and Herzegovina, a notarially certified form is mandatory for a range of important legal acts. These include: transfer of ownership of real property (sale contracts, gift deeds, inheritance agreements); creation and discharge of mortgages; establishment of companies (founding acts and statutes); powers of attorney for real estate transactions; and certain family law documents (prenuptial agreements, cohabitation agreements). Without notarial certification, these documents lack legal validity for registration and enforcement purposes.
To become a notary in BiH, a candidate must hold a law degree from a recognised university, pass the bar examination, complete a notarial apprenticeship of at least two years, pass the notarial examination, and be appointed by the relevant Entity Ministry of Justice. The number of notaries per district is regulated by the Ministry, which determines notarial zones. Notaries in BiH are public officials acting in a quasi-judicial capacity: they are independent of both the parties and the state, and bear personal liability for errors in documents they certify.
When presenting a document for notarial certification in BiH, all parties must appear in person and provide valid identity documents including their JMBG. The notary reads the document aloud to the parties in full, confirms their understanding and voluntary consent, and then certifies the document with a notarial stamp and signature. The notarially certified original (izvornik) is kept in the notary's archive; the parties receive certified copies (prepis).
Notarial fees in Bosnia and Herzegovina are regulated by official tariff schedules set by the Entity Ministries of Justice. For property transactions, fees are typically calculated as a percentage of the property value, capped at a maximum amount. It is common practice for the buyer to pay the notary's fee, though this can be negotiated. In addition to the notary's fee, property transactions attract real estate transfer tax (porez na promet nekretnina) and land register court fees.
Key Facts About Notar (Notary) in Bosnia and Herzegovina
- Notaries in BiH are regulated separately by the Federation of BiH and Republika Srpska.
- Notarial form is mandatory for property transfers, mortgage creation, company founding acts, and powers of attorney.
- All parties must appear in person with valid ID (and JMBG) for notarial certification.
- The notarially certified original is kept in the notary's archive; parties receive certified copies.
- Notarial fees are set by official tariff schedules based on the value of the transaction.
Frequently Asked Questions
How do I find a notary in Bosnia and Herzegovina?
The Notary Chamber of FBiH (Notarska komora Federacije BiH) and the Notary Chamber of RS (Notarska komora RS) maintain registers of all licensed notaries, searchable by location on their websites. You can choose any notary in the relevant entity regardless of where you live, though it is practical to use a notary in the municipality where the property is located to facilitate land register filings.
Can I use a power of attorney to have a notary act without me being present?
Yes. If you cannot attend in person, you can grant a notarially certified power of attorney to a trusted representative (attorney or other person) authorising them to sign the transaction on your behalf. The power of attorney itself must be notarially certified — if it is executed abroad, it must be apostilled (or legalised, depending on the country) and translated into the official language of BiH by a certified court interpreter.
Who pays the notary's fees in a BiH property transaction?
By convention, the buyer pays the notary's fees, though this is a matter for negotiation. The notary's fee is based on the official tariff schedule and the agreed or assessed value of the property. In addition to the notary's fee, the buyer typically pays the land register court fee for the ownership registration, and the seller pays the real estate transfer tax (unless otherwise agreed).