A method for avoiding a collision between a hybrid automatic repeat request (HARQ) transmission and a device to device (D2D) transmission by a base station (BS) in a communication system supporting a D2D scheme is provided. The method includes determining whether a user equipment (UE) is a legacy UE or a non-legacy UE, determining non-D2D sub-frames which will collide with D2D sub-frames if the UE is the non-legacy UE, determining whether the non-D2D sub-frames are available, and scheduling a new HARQ packet for the UE in the determined non-D2D sub-frames if the determined non-D2D sub-frames are available.