The Union of Municipalities of Montenegro has submitted an initiative to the Ministry of Spatial Planning, Urbanism and State Property proposing an amendment to the Law on the Legalization of Illegal Buildings.
The initiative proposes extending the deadline for initiating the registration of illegal buildings in the cadastral records from 12 to 24 months from the date of the law’s entry into force.
The rationale for the initiative is that the registration procedure for an illegally constructed building cannot be initiated without a completed as-built survey report, its technical verification by the Real Estate Administration, and compliance with other legal requirements prescribed by law. The implementation of the law to date has shown that a large number of property owners are objectively unable to initiate the registration procedure within the prescribed deadline due to circumstances beyond their control.
In addition, a large number of illegally constructed buildings are located on properties for which other legal procedures must first be completed, such as probate proceedings, physical subdivision of property, determination of ownership rights, and other proceedings before courts and administrative authorities. As a result, licensed surveying companies were, in many cases, unable or unwilling to prepare the required survey reports, effectively preventing property owners from initiating the registration procedure within the prescribed deadline.
The Union’s initiative also points out that the law provides for a very strict consequence in the event of failure to meet the deadline, namely the obligation of the spatial planning inspector to issue a demolition order for any building for which the registration procedure has not been initiated.
“Extending the deadline from 12 to 24 months would create realistic conditions for the implementation of the law. It would enable property owners to obtain the necessary documentation, prepare and have their survey reports technically verified, complete the required legal procedures, and initiate the registration process in the cadastral records within the prescribed timeframe. This would ensure that the purpose of the law is achieved, promote its fair and effective implementation, and prevent the serious social consequences that would result from the issuance of a large number of demolition orders for buildings that serve as the sole residence of their owners and their families. At the same time, it would contribute to preserving social stability and ensuring legal certainty for citizens,” the Union of Municipalities states in its initiative.
