The Committee on Tourism, Agriculture, Ecology and Spatial Planning has supported the Bill on the Legalization of Illegal Structures, and will forward it to the Parliament for adoption.
This law introduces innovations for citizens, so those who have illegally built buildings in which they live will be able to pay the urban rehabilitation (legalization) fee in monthly installments over 30 years, instead of 20 years under the current regulation, and they can also have a 20 percent discount if they pay the amount all at once.
Municipalities will receive 80 percent of this fee, instead of the current 100 percent, and 20 percent will go to the state budget, which could be around 36 million euros.
Minister of Spatial Planning, Urbanism and State Property Slaven Radunović added that this law applies to more than 100.000 buildings, that it is a complicated process, and that this law attempts to bring construction into legal channels and stop illegal construction.
He reiterated that since 2017, only 5,5 percent of the facilities for which requests were submitted have been legalized, meaning that out of 61.647 requests, 3.397 legalization decisions have been issued.
"We insist on respect - that the buildings be on the satellite image taken in July, that they do not endanger the general interest and that they meet basic construction standards. In order to increase efficiency, the authority for the legalization of buildings with an area of over 500 square meters and buildings in protected zones will be led by the Administration for the Legalization of Illegal Buildings, which will be a new body and which we are obliged to form within 120 days of the adoption of the law. Local self-government units are responsible for the legalization of buildings up to 500 square meters...", he emphasized.
Radunović pointed out that after two years, work from illegal facilities will be prohibited, so they must be legalized within that period, or within the three years requested in the amendments. He emphasized that this especially applies to hotels.
The Committee also supported 14 amendments submitted by the Government to this law, so they became an integral part of the law.
Radunović added that the amendments concern the introduction of a new date for the satellite image and improving efficiency, namely changing the criteria so that legalization does not have to be carried out in accordance with the adopted plans - because that would further delay it. So, legalization will apply to all objects that are on the image, that do not endanger the general interest and do not compromise construction standards.
Additional revenue for northern municipalities?
Radunović, responding to questions from MPs, said that the law concerns illegal builders and they cannot receive equal treatment, because they built outside the law. He pointed out that there are enough committees that will make decisions, and that architectural experts can be engaged through the committees. Radunović emphasized that the hotels did not wait like the others, but requested construction and work, so now illegal builders must pay a fee of 400 euros per square meter.
"I am sorry that we are bringing people who had patience and respect for the state, and waited for plans to build, to put them in the same basket today with those who did not," he pointed out.
He stressed that they accept that 13 northern municipalities collect revenue from legalization, and that he would exclude Žabljak from that category, given the large number of illegal villas and other similar facilities. Radunović added that the Committee can submit such an amendment and that the decision on including Žabljak is up to them.
Regarding the distance of the building from its neighbors, he stated that if it is closer than it should be, it will be demolished without the neighbor's consent. Radunović emphasized that the current 129 demolition decisions are not final, meaning that there are chances for appeal and the like.
The Democratic Party of Socialists asked whether this law is a surrender of the state to illegal construction, and whether those who are in the process can continue legalization.
The Europe Movement now asked whether temporary structures can be legalized, but also whether the structures must be less than two or three meters away from a certain plot, and whether the neighbor's consent is sufficient. They also asked whether they will forgive those who received demolition orders but were not registered in the cadastre.
The Bosniak Party asked whether it was possible for municipalities in the north to receive the full compensation for the urban rehabilitation tax, instead of the planned 20 percent and 80 percent that would go to the state treasury.
The Chamber of Commerce stated that this law did not recognize architectural bureaus, in order to speed up the legalization process and prevent congestion. They pointed out that the urban rehabilitation fee would be a noose around the neck of hotels with four stars and above, which have already equipped the land with utilities, and therefore should not be treated differently from the rest of the economy.
The MPs also proposed to the Parliament to adopt amendments to the Law on Construction of Buildings, and Radunović added that these amendments achieve compliance with EU regulations, i.e. citizens are recognized for their professional qualifications as architects....
Amendments to the Forest Law, submitted by MPs from the Europe Now Movement, also received the green light.
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