Is a garage space a separate property? It can be. The law lists garages and garage spaces among the separate units of a residential building, but also among its common parts. The title extract shows which it is.
Local searches show what people want to know about garages: "garaža na prodaju" (garage for sale) is completed with city names, "parking mjesto prodaja" (parking space for sale) with "budva", "garažno mjesto" (garage space) with "podgorica" and "budva", and people also search "kupovina garaže porez" (garage purchase tax). Behind a listing for a "garage space" there can be three legally different things, and what you actually buy depends on which one it is.
This article explains the difference between a garage as a separate unit, a co-ownership share in a garage and a common area of the building, what to check in the title extract, which tax applies and what the rules are for parking in the yard.
Three things behind the same words
Among the separate units of a residential building, the Law on Property Relations expressly lists separate garages and garage spaces, alongside flats, business premises, separate cellars and attics. At the same time, among the common parts of a building it lists common garages and garage spaces. A separate unit can be in sole ownership, co-ownership or joint ownership.
| What is for sale | What the buyer gets | What to watch |
| Garage or garage space as a separate unit | Sole ownership of a precisely defined space, registered as a separate unit | The unit number and area in the title extract |
| Co-ownership share in a garage that is a separate unit | An undivided share of the whole garage, in proportion to the whole | The other co-owners' right of first refusal and the decision on how it is used |
| Common garage or space in a common part of the building | No separate right: common parts are in joint indivisible ownership of the owners | Cannot be bought separately from a unit |
Co-ownership share: right of first refusal and allocation of spaces
When a garage is co-owned, each co-owner can sell their share without the others' consent, but the other co-owners have a right of first refusal. If a co-owner does not accept a written offer within 10 days of receiving it, the seller may sell the share to a third party.
An undivided share does not mean a specific space. How a co-owned thing is used is decided by co-owners whose shares together make up more than half of its value. So when buying a share, ask for the co-owners' decision or agreement on which space you use. More on co-ownership and the right of first refusal is in our article on co-ownership.
Parking in the building's yard
On the urban plot where a residential building stands, the owners of separate units have joint indivisible ownership. Rights to the plot and to common parts are inseparably tied to rights to the separate unit, so every change to the flat applies to them too. A space on the open part of the plot is therefore not a separate unit of the building that can be bought on its own, and its use is agreed by the owners. How the owners' assembly and owners' rules work is explained in our article on the building manager.
What to check in the title extract
Condominium ownership is registered in the names of the owners of separate units, and the cadastre law expressly lists garages and garage spaces among them. How to read sheets A, B, V and G is explained in our article on the title extract.
| Check | Why |
| Whether the garage is registered as a separate unit | Only then do you buy a precisely defined space |
| Designation, area and owner | They must match the contract |
| Whether several owners with shares are registered | Then you buy an undivided share and the right of first refusal applies |
| Sheet G | A mortgage or other burden on the garage |
| For new builds | Notes on construction and the occupancy permit |
A contract to buy a garage, as with a flat, is concluded before a notary. The contract and registration process is explained in our article on the purchase contract.
Taxes
- Buying from a developer. Acquiring a newly built property subject to VAT does not count as a transfer under the property transfer tax law; VAT is included in the price.
- Buying without VAT, for example from a private person. Property transfer tax is due. The buyer pays it, and up to a tax base of €150,000 the rate is 3%. The return is filed within 15 days of concluding the contract. Details, higher rates and exemptions are explained in our article on property transfer tax.
- Annual tax. The Law on Property Tax expressly lists garages and garage spaces as separate units of a residential building subject to tax. The rate is set by the municipality.
Short checklist
| Question | Answer |
| Am I buying a separate unit or a share? | Look at the title extract |
| Who has a right of first refusal? | Co-owners, if a co-ownership share is sold |
| Can I buy a space in the yard? | Not separately: the building's plot is in joint indivisible ownership of the unit owners |
| Which tax do I pay? | VAT in the price from a developer, transfer tax on a resale |
| Do I pay annual tax? | Yes, a garage is subject to property tax |
You can post or find garages and parking spaces in our real estate category.
Frequently asked questions
Can I buy only a garage, without a flat? Yes, if the garage is registered as a separate unit. Common parts of a building cannot be bought separately from a unit.
What does buying a share in a garage mean? You buy an undivided share of the whole garage. The other co-owners have a right of first refusal, and use is arranged by co-owners holding more than half of the value.
How much tax is due on buying a garage? On a resale, property transfer tax is due, 3% up to a tax base of €150,000. When buying a new build from a developer and VAT is charged, no transfer tax is due.
Is property tax paid on a garage? Yes. The Law on Property Tax expressly lists garages and garage spaces, and the municipality sets the rate.
Can I buy a parking space in the building's yard? On the building's urban plot, the owners of separate units have joint indivisible ownership. A space in the open is not a separate unit of the building, and the owners agree on its use.
Sources
Separate and common parts of a building, co-ownership and the right of first refusal are governed by the Law on Property Relations (Official Gazette of Montenegro 19/2009 and 29/2025, articles 131, 132, 136 and 165 to 173). Registration of condominium ownership is governed by the Law on State Survey and Real Estate Cadastre (Official Gazette of the Republic of Montenegro 29/2007 and Official Gazette of Montenegro 32/2011, 40/2011, 43/2015, 37/2017, 17/2018 and 160/2025, article 77), transfer tax rates and deadline by the Law on Property Transfer Tax (Official Gazette of Montenegro 36/2013, 3/2023, 28/2023, 33/2026 and 132/2026, articles 4, 11 and 16), and garages as taxable property by the Law on Property Tax (Official Gazette of Montenegro 25/2019, 49/2022, 152/2022, 118/2025 and 133/2025, article 3). Fijaka is a listings platform and does not give legal advice; for a specific garage, check the title extract and contact a notary.