ZOCG: Geodetic inspectors, not municipal legalization commissions, should check data from geodetic studies

The Union of Municipalities of Montenegro (ZOCG) has submitted to the Parliament a proposal for amendments to the Bill on Amendments to the Law on Legalization of Illegal Buildings, in order to delete part of the competences of municipal legalization commissions related to checking data from geodetic studies.

The provision of the law, the deletion of which is envisaged by the amendment to the Law of Montenegro, stipulates the obligation of administrative bodies, i.e. commissions, to conduct field inspections of illegal buildings in order to determine the number of floors, degree of construction, purpose, area of ​​the illegal building, the area of ​​land on which the building is built, as well as the area of ​​land used for regular use of the building, and also to verify whether the building was built in a manner and from materials that ensure stability, functionality, durability and safety of use, by comparing the aforementioned data with the geodetic study.

They claim that this legal solution is in direct conflict with the Law on State Survey and Real Estate Cadastre, which places control and supervision over the work of geodetic organizations, including checking the accuracy of geodetic studies, under the exclusive jurisdiction of the geodetic inspector.

"By introducing the authority of administrative bodies and commissions to 'verify' data from geodetic studies, the competences of the already existing professional and legally authorized body are effectively duplicated, thus creating legal uncertainty and opening up space for different interpretations and actions in practice. Geodetic organizations are licensed and legally responsible for the accuracy and reliability of the data in the study, in accordance with applicable regulations and standards. The study has the legal force of evidence in the procedure, so it cannot be questioned or controlled by a 'visual' inspection on the ground by a municipal commission, without appropriate measuring instruments, special authorizations and technical equipment," the explanation of the proposed amendment states.

It is added that the assessment of the stability, functionality and safety of a facility is a professional issue in the field of structural statics and that as such it can only be based on the owner's statement and/or the findings and opinion of an authorized company or licensed engineer (structural study), "as provided for by law."

The Union of Municipalities believes that the adoption of this amendment prevents conflicts of laws and eliminates inapplicable provisions, in order to create conditions for greater efficiency and legality of the legalization process, the statement reads.