FBiH Government Adopts Draft Law on Property Transfer in Disaster-Stricken Areas

(Patria) - The Government of the Federation of Bosnia and Herzegovina, at its session held today in Sarajevo, adopted the Draft Law on the procedure for transferring ownership of real estate owned by the Federation, cantons, cities, and municipalities in disaster-stricken areas. The draft was prepared by the Federal Ministry of Justice, and the law will be submitted to the FBiH Parliament with a proposal for consideration under an expedited procedure.

The new law aims to enable the efficient transfer of ownership of land and buildings to individuals who have suffered damage due to natural disasters such as earthquakes, floods, fires, and other elemental disasters. Affected individuals will, based on this law, be enabled to permanently resolve their housing issues, as well as to restore economic activities.

“Disaster-stricken areas” refer to territories for which a decision on declaring a natural disaster has been made, in accordance with the Law on Protection and Rescue of People and Material Property from Natural and Other Disasters. Persons affected by the disaster are natural or legal persons who can no longer use their real estate for housing or work.

As stated, the law represents an exception to the provisions of Article 363 of the Law on Real Rights, which stipulates that Federation property can only be transferred through public tender and with market compensation. In this case, given the extraordinary circumstances and the extent of the damage, the law allows for direct transfer without compensation.

During the autumn of 2024, the municipalities of Konjic, Kiseljak, Jablanica, Fojnica, and Kreševo were hit by disasters of “unprecedented scale,” resulting in the complete devastation of numerous residential and commercial buildings. The draft law also foresees a series of preparatory actions, including amendments to regulatory plans and land parceling, to ensure the smooth implementation of the ownership transfer process.

The FBiH Government assessed that the adoption of this law is of essential importance for the restoration of life and work in the disaster-stricken areas.