The deadline for submitting requests for the legalization of illegally built buildings is July 15, 2018. In case of non-submission of the request, it is planned to remove it, pay the fee for the use of the space to the local self-government until the time of removal and increase the tax for the illegal object, as well as misdemeanor fines, "News" from the Ministry of Sustainable Development and Tourism announced. At their suggestion, the Law on Spatial Planning and Building Construction was adopted, which entered into force on October 14 of this year.
The obligation to submit an application for legalization applies to all illegally built buildings. The application form for legalization can be found on the website of the Ministry of Sustainable Development and Tourism, as well as other requirements and statements used in the process of legalization of illegal buildings. The request is submitted to the competent municipal secretariat.
The prerequisite for submitting an application for legalization, as stated by the Ministry, is that the object is registered in the real estate cadastre. Enrollment, or records, is made on the basis of a report on the survey of the completed state of the built object prepared by a licensed geodetic organization, which is certified by the cadastre, and a request for the object's registration in accordance with the Law on State Survey and Cadastre.
The document certified by the cadastre is submitted with the request for legalization to the competent local government body with proof of the record of the object's existence in the cadastral records. If the object is already registered in the real estate cadastre in real dimensions, an elaboration certified by the cadastre and an extract from the real estate cadastre or other appropriate real estate records shall be submitted. The list of licensed geodetic organizations, which can perform these tasks, can be found on the website of the Real Estate Administration.
"In order for the object to be legalized, it must be built in accordance with the valid planning document adopted before the entry into force of this law, planning documents adopted before the adoption of the general regulation plan of Montenegro, in accordance with this law or in accordance with the plan of general regulation of Montenegro. This planning document will be adopted within three years from the date of entry into force of this law.
This means that in the first phase, the procedure will be conducted for facilities that were built in accordance with the norms of valid planning documents, while for facilities that are not included in valid plans, the procedure will be interrupted until the adoption of the general regulation plan", the Ministry stated.
If the facility is built on state land, after submitting the request for legalization, a request for the purchase of that land is submitted to the competent institution, which can be the Ministry of Finance, if the land is state-owned, or the municipality if it is its own. The legalization procedure is interrupted until the property-legal relations on the land are resolved.
As for the evidence in the procedure and the delivery of the necessary technical documentation, they, as stated by the Ministry, depend on the area of the facility.
If the request was submitted for a building that was built in accordance with the valid planning document and if the property-legal relations on the land have been resolved, the following shall be submitted: proof of payment of the fee for communal equipment; proof of payment of special fee on investments if the facility is located in municipalities on the coast; the project of the finished state of the illegal building with a net area of over 200 square meters, which was created by a licensed company; a report on a positive audit of the project or a statement by the auditor that the facility was built in accordance with the audited project; analysis of a company that examined the static and seismic stability of an illegal building.
"If it is a basic residential building, instead of checking the static and seismic stability, a statement of the owner of the building, certified by an authorized person-notary, that he is responsible for damage caused to third parties caused by the use of the building, can be submitted as evidence. According to the law, this fact will be entered in the real estate register for the purpose of familiarizing third parties in case of dealing with this object", the Ministry stated.
An illegal object of primary residence is considered an object with a net construction area of up to 200 square meters, in which the owner of the illegal object and members of his family household live in the place where the object is built, if the owner and members of his family household do not own another residential object. on the territory of Montenegro.
The costs of creating technical documentation are borne by the owners of illegal buildings.
Based on all the evidence, a legalization decision is made, which may contain guidelines for harmonizing the external appearance of the building with the guidelines of the planning document, or the guidelines of the chief city architect, if they are not provided for in the planning document.
The applicant for legalization is in accordance with the decision, he is obliged to harmonize the external appearance of the building with these guidelines within three years, and after that he meets the conditions for deleting the note from the cadastre that the building was built without a building permit.
Legalization costs depend on municipal decisions and fees
The costs of legalization include the costs of paying fees for communal equipment of construction land, the amount of which is determined by municipalities and which depends on the area, location and purpose of the facility.
This fee is increased by 2,5 percent for basic housing facilities (regardless of whether it is paid once or in installments), and by five percent for other facilities if paid once, or by 20 percent if the owner decides to pay in installments.
Special fees on investments for facilities in the municipalities of the Montenegrin coast can be paid in a maximum of 36 monthly installments.
Fines from 500 to 40.000 euros
The law provides for the initiation of misdemeanor proceedings against the owner of an illegal object who does not obtain a legalization decision. Misdemeanor fines range from EUR 5.000 to EUR 40.000 for a legal entity, EUR 500 to EUR 4.000 for a responsible person in a legal entity, then EUR 1.000 to EUR 12.000 for an entrepreneur, while a fine of EUR 500 to EUR 4.000 is prescribed for natural persons.
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