“The Union of Municipalities of Montenegro (ZOCG) submitted to the national Parliament a proposed amendment to the Draft Law on Amendments to the Law on the Legalization of Illegal Structures, for the purpose of deleting part of the jurisdiction of municipal legalization commissions relating to the verification of data from geodetic reports.”
“By the provision of the law whose deletion is envisaged by the ZOCG amendment, an obligation is prescribed for the administrative authority, that is, the commissions, to carry out on-site inspections of illegal structures in order to determine the number of floors, the degree of construction, the purpose, the surface area of the illegal structure, the surface area of the land on which the structure was built, as well as the surface area of the land used for the regular use of the structure, and likewise to verify whether the structure was built in a manner and from materials that ensure stability, functionality, durability, and safety of use, by comparing the stated data with the geodetic report. This legal solution is in direct conflict with the Law on State Survey and the Real Estate Cadastre, which assigns control and supervision over the work of geodetic organizations, including the verification of the accuracy of geodetic reports, to the exclusive jurisdiction of the geodetic inspector.”
“– By introducing the authority of administrative bodies and commissions to ‘verify’ data from geodetic reports, the competences of an already existing professional and legally authorized body are effectively duplicated, thereby creating legal uncertainty and opening space for different interpretations and actions in practice. Geodetic organizations are licensed and legally responsible for the accuracy and reliability of the data in the report, in accordance with the applicable regulations and standards. The report has the legal force of evidence in the procedure, and therefore it cannot be questioned or controlled by a ‘visual’ on-site inspection carried out by a municipal commission, without appropriate measuring instruments, special authorizations, and technical equipment – it is stated in the explanation of the proposed amendment.”
“It is added that the assessment of the stability, functionality, and safety of a structure constitutes a professional issue in the field of structural engineering and, as such, may be based solely on the statement of the owner and/or the findings and opinion of an authorized company or licensed engineer (structural report), as provided by law.”
“The Union of Municipalities considers that by adopting this amendment, conflicts between laws are prevented and unenforceable provisions are eliminated, in order to create conditions for greater efficiency and legality of the legalization procedure.”
