LEGALIZATION OF CONSTRUCTED OBJECTS IN THE VIEW OF NEW-ADOPTED LAW

New Amendments to the Law on Building Legalization in Serbia

In an effort to streamline the legalization process for illegally constructed buildings, the National Assembly of the Republic of Serbia has recently adopted amendments to the Law on Building Legalization (“Official Gazette of RS” No. 96/15), hereinafter referred to as the Amendments.

Overview of Illegally Constructed Objects

In 2015, a comprehensive recording of illegally constructed buildings was conducted, resulting in a database containing 2,041,936 such structures. Approximately 50% of these are residential buildings, while about 48% are auxiliary and economic facilities.

By January 1, 2019, a record of unregistered buildings in the Real Estate Cadastre was established, accessible via the digital platform of the national geospatial data infrastructure.

Restrictions on Disposal of Buildings Under Legalization

Buildings undergoing legalization cannot be disposed of. Public authorities responsible for the legalization process must notify the competent cadastre offices by April 6, 2019, confirming the buildings’ status. This ensures the registration of a prohibition on their disposal.

Changes in Demolition Rules

The most significant change concerns the demolition of illegally constructed buildings. A demolition can now be executed based on a final decision rejecting or dismissing a legalization request.

• Decisions issued by the ministry or autonomous province become final upon issuance and are immediately enforceable.
• However, decisions issued by local self-governments can be appealed, delaying enforcement.

Previously, demolition was allowed only after the decision rejecting or dismissing the request became valid.

Network Disconnection Obligations

A final decision rejecting or dismissing a legalization request must be submitted to utility providers within three days. These providers are then obligated to disconnect the building from their networks (electricity, gas, water, etc.) within 30 days. Additionally, utility providers are prohibited from connecting buildings undergoing legalization. Violations may result in fines ranging from RSD 1.5 to 3 million.

Criteria for Legalization

The Amendments clarify which buildings can be legalized:

1. Buildings for which a legalization request was submitted by January 29, 2014, and which are visible in the 2015 satellite recordings.
2. Buildings visible in the 2015 satellite recordings but lacking a demolition decision or legalization request.
3. Buildings constructed without permits or approval after November 27, 2015, are not eligible for legalization and are subject to demolition.

Additional Legalization Requirements

• Owners must submit proof of property tax registration corresponding to the building’s technical documentation and geodetic survey data.
• Legalization fees, determined by the building’s class, size, and purpose, must be paid before the decision on legalization is issued.

Changes in Legalization Authority

Cities with municipalities may delegate legalization processes to their respective municipalities. A report on the building’s current status and geodetic survey must be submitted as part of the legalization process. Misrepresentation in these reports may result in the revocation of the responsible party’s license.

Deadlines and Administrative Fees

• The deadline for finalizing legalization procedures is five years. If a building is not legalized within this period, the request will be rejected.
• No administrative fee is charged for registering property rights or determining home numbers. Authorities must notify the cadastre within three days of the final legalization decision to lift the prohibition on disposal.

Transition Provisions

Proceedings not completed by the date of the Amendments’ entry into force will continue under the new provisions.

Attorney at Law Damir Petrović

The information provided herein is for general informational purposes only and does not constitute legal advice. The Law Firm Petrović Mojsić & Partners disclaims all responsibility for actions taken or not taken based on this content.