Two months since alleged agreement: Citizens of FBiH still unable to buy property in Croatia

A joint session of the BiH Council of Ministers and the Government of the Republic of Croatia was held in Sarajevo on July 7, and Prime Ministers Denis Zvizdić and Andrej Plenković emphasized after the session that one of the most important conclusions was the resolution of the issue of reciprocity in acquiring property ownership for all citizens of BiH, not just those living in the RS, as was the case, writes the Patria News Agency.

Admittedly, the prime ministers did not state when the application of this conclusion would begin, but based on the statement that it was "now resolved", one would expect it to have already taken effect.

However, there are no changes on the website of the Croatian Ministry of Justice yet, and in response to calls from BiH citizens living in FBiH in recent days, they stated that they still have no official information.

Print screen of the Croatian Ministry of Justice website

- There are discussions about the mentioned problem, however, nothing official has been agreed upon yet, nor do they have information that it should or could happen in the near future. Accordingly, the official conditions and reciprocity with countries, in accordance with the documents published on the website of the Ministry of Justice of the Republic of Croatia, are still in force" - stated the Ministry of Justice of Croatia.

At one of the sessions of the House of Representatives of the BiH Parliamentary Assembly, SDP MP Saša Magazinović asked the Council of Ministers whether they were aware of the problem of discrimination against BiH citizens regarding property ownership rights in the Republic of Croatia and what they were doing about it. The response, compiled on July 31, almost a month after the joint session of the Governments of Croatia and BiH, shows that much has not changed.

In Bosnia and Herzegovina, property rights relations are regulated by entity laws on real rights and the Law on Ownership and Other Real Rights of Brčko District. All the aforementioned laws stipulate that foreign persons can acquire ownership of real estate under the condition of reciprocity.

- The Ministry of Justice of the Republic of Croatia has provided information that Article 356 of the Law on Ownership and Other Real Rights of the Republic of Croatia stipulates that foreign natural and legal persons may, unless otherwise provided by law, under the assumption of reciprocity, acquire ownership of real estate in Croatia if the minister responsible for justice in the Republic of Croatia gives consent.

It is further stated that between the Republic of Croatia and the Federation of Bosnia and Herzegovina, and between the Republic of Croatia and Brčko District, there is reciprocity in acquiring ownership of real estate, provided that the acquirer, a natural person, proves that they have permanent residence in the Republic of Croatia or conduct a permitted activity in the Republic of Croatia.

Between the Republic of Croatia and the Republika Srpska, there is reciprocity in acquiring ownership of real estate without restrictions - say the Council of Ministers.

The Ministry of Foreign Affairs has informed the entity ministries of justice about this, to whom the information collected by the MFA regarding the conditions and manner of acquiring ownership of real estate for BiH citizens in other countries is forwarded, in order to determine reciprocity.

- On July 5, 2017, the Minister of Justice of the Federation of Bosnia and Herzegovina sent a notice to municipal courts in the Federation of BiH, cantonal courts in FBiH, the Notary Chamber of the Federation of BiH, and the Bar Association of FBiH. The Minister informed the competent authorities in the Federation of BiH that, taking into account the principle of reciprocity, under the same conditions, citizens of the Republic of Croatia should be allowed to acquire ownership of real estate in the territory of the Federation of Bosnia and Herzegovina.

The Ministry of Foreign Affairs immediately informed the competent authorities in the Republic of Croatia about the aforementioned notice from the Minister of Justice of the Federation of Bosnia and Herzegovina - the Council of Ministers further states.

Magazinović says in a statement to Patria that he will continue to insist on an answer to this question, because judging by what he received, little has changed.

Analysts believe this is obvious discrimination against Bosniaks. Namely, if there is reciprocity in buying property with the Federation, then Croatia has only restricted the rights of Bosniaks, because all Croats in BiH have the right to dual citizenship, which allows them all the possibilities that Croatian citizens have in Croatia.