The Association of Municipalities has asked the Ministry of Spatial Planning, Urbanism and State Property to initiate an amendment to Article 155 of the Law on Construction of Buildings, as they claim that the construction of a large number of local utility facilities of public interest has been blocked due to the delay in adopting new planning documentation. From this Ministry, headed by Slaven Radunović, told "Vijesti" that they do not accept the initiative to amend this article because its goal is to accelerate the adoption of planning documents, stating that municipalities can partially use the exceptions from Article 145.
The law came into force in mid-March last year, with a controversial article stipulating that the construction of facilities of local public importance under old urban plans is limited to a period of 12 months from the date of entry into force. As that period has now expired, municipalities cannot build facilities of public interest unless new urban plans have been adopted in the meantime.
The Union of Municipalities told "Vijesti" that they submitted the initiative to amend the law to the Ministry on February 4th, and since they did not receive a response, they sent an urgent request for the initiative on February 24th.
They stated that they are proposing the amendment in order to overcome practical problems that are already arising in its implementation, which could have serious consequences for the functioning of local governments and the implementation of projects of public interest.
The law defines streets, parking lots, squares, cemeteries, public lighting, markets, water and electricity distribution network facilities, sports facilities, green areas, and the like, as local facilities of general interest.
"Paragraph 4 of the same article limits the time period in which they can be erected, or built, according to the existing regulations of local governments in areas for which a detailed planning document has been adopted, to 12 months. In practice, this period has proven to be insufficient, given the complexity of the procedures for the preparation and adoption of new planning documents, which often last more than a year, so there would be a time vacuum in which these facilities would not be possible to implement," the Association of Municipalities said.
They state that they have proposed an amendment that would allow the construction of local facilities of general interest until new planning documents are adopted in accordance with the law, as otherwise many projects would be blocked.
"This would ensure continuity in the implementation of projects, prevent blockage of the development of local communities, enable flexibility until new planning documents are adopted, and maintain control through legal procedures. Therefore, it is not about 'extending the deadline' in the classical sense, but about tying it to a realistic and objective process - the adoption of planning documents, which represents a more sustainable and practical solution," the Association of Municipalities stated.
In response to the question of whether it would accept the initiative, the Ministry stated that the legislator's intention is to regulate space according to planning and that Article 155, paragraph 4, has a temporary character in order to accelerate the adoption of planning documents.
"Article 155 of the Law, among other things, stipulates that the existing regulations of the local self-government unit regulating the installation, or construction, of local facilities of general interest shall apply until the adoption of planning documents in accordance with the law regulating spatial planning (paragraph 1), that these facilities may be installed, or constructed in areas for which a planning document with detailed urban development has not been adopted (paragraph 3). As an exception to paragraph 3 of this Article, local facilities of general interest may be installed, or constructed in areas for which a planning document with detailed urban development has been adopted, but not longer than 12 months from the date of entry into force of this Law (paragraph 4)," the Ministry stated.
They say that instead of a 12-month deadline, the Union of Municipalities requested the formulation "until the adoption of planning documents in accordance with the law", which would extend the application of this exception.
"As a reason for amending Article 155, paragraph 4 of the Law, it is stated that the existing 12-month deadline is insufficient for the preparation and adoption of planning documentation, taking into account the complexity and duration of the legally prescribed procedures, and that the expiration of that deadline could lead to a standstill in the implementation of local facilities of general interest, especially infrastructure, utility, energy and development projects, which would negatively affect the public interest and functioning of local communities. However, with the adoption of the new Law on Spatial Planning, a system has been established that ensures comprehensive coverage of space with planning documentation, with the main intention of the legislator to regulate space according to plan. The provision of Article 155, paragraph 4 of the Law on Construction of Facilities has the character of a transitional solution. On the other hand, taking into account the importance of facilities of general interest, especially infrastructure and development projects, the application of the provision of Article 145 of the Law on Spatial Planning provides the possibility of their implementation," the Ministry stated.
Article 145 states that by-laws will be adopted within 12 months, and that until their adoption, the regulations from the previous Law on Spatial Planning and Construction of Facilities will apply, if they are not in conflict with this Law.
Expected problems
"If there is no change, in accordance with the Initiative we sent to the Ministry at the beginning of February, the following problems may arise: a standstill in the implementation of infrastructure, utility and energy projects, the inability to build facilities of local importance due to the expiration of the deadline, the creation of legal uncertainty for investors and local governments, the slowdown of municipal development and the violation of public interest," the Association of Municipalities stated.
See more:
Download the app and follow the news
FOLLOW US ON
