The Union of Municipalities of Montenegro (ZOCG) has submitted an initiative to amend the Law on the Legalization of Illegal Buildings, with the aim of "improving its implementation in practice" and providing "a greater degree of legal certainty for citizens, with full respect for the basic solutions and objectives of the current law."
The Secretary of the Spatial Planning Committee of the ZOCG, Marija Kljajić, announced that the initiative is based on the need for additional harmonization of certain legal provisions and their adaptation to real circumstances on the ground, based on the successful cooperation between the Ministry of Spatial Planning, Urbanism and State Property and the Association of Municipalities in that area.
"A special part of the initiative relates to changes in the provisions regulating the distance of buildings from the border of a neighboring cadastral plot. It is proposed that special conditions regarding distance apply exclusively to buildings with a net area of over 500 m², while for buildings up to that area, legalization without this limitation would be possible. This solution is based on the fact that in most cases these are buildings that were built several years or decades ago, whose position cannot be changed without significant technical and financial consequences, and which in practice do not represent a nuisance or endanger neighboring plots."
The initiative also proposes deleting provisions that provide for the formation of municipal commissions for field inspections of illegal structures and verification of data from geodetic surveys. The control of the accuracy of geodetic surveys, as indicated in the statement, is already regulated by applicable regulations and is under the jurisdiction of the geodetic inspection, so the proposed amendments "avoid duplication of procedures and additional administrative burden on local governments."
"A special segment of the initiative relates to the extension of legal deadlines, taking into account the objective circumstances that have slowed down the implementation of the law. It is proposed that the deadline for initiating the procedure for registering illegal buildings in the real estate cadastre be extended from six to eighteen months from the date the law enters into force. It is also proposed to extend the deadline for establishing records of illegal buildings from six to thirty-six months, the deadline for forming municipal commissions for the registration of illegal buildings from thirty days to twelve months, as well as the deadline for selecting geodetic organizations from six to twenty-four months," Klajić emphasized.
He believes that the proposed changes are in the interest of citizens, local governments, and the state.
"The ultimate goal of the initiative is to achieve the purpose for which the law was passed - the legalization of all existing facilities and the establishment of quality and reliable records of the actual situation on the ground when it comes to the construction of facilities," the statement reads.
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