In August 2025, a new Law on the Legalization of Real Estate Objects Built Without a Full Package of Permits came into force in Montenegro - the "Law on the Legalization of Illegal Constructions" (published in the "Official Gazette of Montenegro", No. 91/2025 of August 6, 2025). On February 13, 2026, amendments to the Law on Legalization were adopted Its goal is to streamline the market, reduce the number of "gray" objects and protect the rights of owners, giving them a chance to legalize their property.

On February 13, 2026, an amendment to the Law on Legalization extended the deadline for submitting documents for entering data on illegal objects into the cadastre by 6 months - until August 14, 2026.

Who is affected by the Law on the Legalization of Real Estate

The Law on the Legalization of Real Estate applies to:
•    Owners of residential and commercial buildings erected without a building permit or with deviations from the project. 
•    Owners of objects that are in operation, but have not undergone the commissioning procedure.

What can be legalized

Subject to legalization:
•    Residential buildings, flats, apartments.
•    Commercial buildings (shops, offices, hotels). 
•    Ancillary buildings (garages, utility blocks).

An illegally erected object is subject to legalization in accordance with this Law if:
•    it is recorded on a satellite and aerial photogrammetric image (a photo of the territory of Montenegro taken in July 2025); 
•    it is registered in the real estate cadastre; 
•    it is not built on the territory allocated by the planning document for the construction of infrastructure facilities and other public facilities; 
•    its area or part of the area does not exceed the regulatory boundary or the boundary of the land plot, if the object is built on the territory for which there is no valid planning document (DUP); 
•    property and legal relations in relation to the object and the land plot on which the illegal object is erected are regulated.

Important!!! Legalization is impossible if the property:
•    is located on public lands, in protected areas, on the territory of cultural heritage without approval; 
•    is located on someone else's land without title documents; 
•    was built in violation of safety and stability standards; 
•    is the subject of a legal dispute.

Property legalization procedure

1.    Submission of an application to the authorized municipal body. 
2.    Provision of a package of documents, including:
   •    a document confirming the right of ownership of the property - a List of non-residential properties; 
   •    a technical passport of the building - Elaborat, prepared by a licensed geodetic organization and certified in the cadastre;
   •    Photographs of all facades of the illegally erected building in JPG format with a resolution of at least 5 megapixels; 
   •    If necessary - an engineering report on the safety of the structure and an examination of static and seismic stability (for objects over 200 m2); 
   •    If necessary - approvals from security authorities. 
3.    Inspection of the property on site by a Commission from the municipality and drawing up a protocol with a conclusion on the compliance of the object with the conditions of legalization. 
4.    Payment of the legalization fee (its amount depends on the area, purpose of the object and location). 
5.    Obtaining a decision on legalization and entering the object into the official register.
6.    Removing the encumbrance in the list of non-monetary property

Deadlines for filing applications

The owner of an illegal building that is not registered in the real estate cadastre is obliged to initiate the procedure for registering the building in the cadastral register within 6 months from the date of entry into force of this Law, until 14.02.2026. On February 13, 2026, an amendment to the Law on Legalization extended the deadline for submitting documents for entering data on illegal objects into the cadastre by 6 months - until August 14, 2026.

Legalization procedures that were initiated before the date of entry into force of this Law, for which a final decision has not been made, are completed in accordance with this Law. In relation to buildings for which the registration procedure has not been initiated on time, the spatial protection inspector is obliged to issue a decision on the demolition of the building. Missing the deadline deprives the right to simplified legalization and may lead to fines and even demolition of the object.

Financial conditions and benefits
•    Legalization fee: calculated according to municipal tariffs. 
•    Benefits:
•    up to 50% discount - for low-income families; 
•    up to 90% - for disabled persons, single parents, orphans and indigenous people.

Why it is important to act now
•    A legalized property can be freely sold, donated, or inherited. 
•    Legalization increases the value of the property on the market.
•    Illegal constructions are subject to fines and, in the worst case, demolition.

If you are a property owner in Montenegro and are unsure of the status of your property, conduct a legal check.

 

READ THE LAW HERE...

 

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