The legalization of real estate (construction objects) in Montenegro has been carried out since 2018 on the basis of the Law on the Regularization of Informal Objects (published in «the Official Newspaper of Montenegro», No. 56 of August 23, 2016).
This Law defines the conditions, as well as the procedure for regulating and legalizing buildings (facilities), constructed without obtaining a building permit or with significant deviations from construction standards.
Legalization of real estate in Montenegro (objects without a building permit) implies the process of obtaining a building or reconstruction permit for a constructed (under construction) object (part of a building) for which a building permit was not issued in accordance with applicable law, as well as their subsequent registration.
A property constructed without a building permit in accordance with the provisions of the Law on Legalization is a residential, business (business object) or business residential building, or part of an existing building reconstructed with gross violations of the conditions for construction work or with deviations from the conditions of the building permit.
In other words, a building constructed without a building permit or with gross deviations from the conditions specified in it is considered illegal and is subject to either legalization, reconstruction, or even demolition (dismantling).
Gross violations of construction work include changes in the construction of such structures: foundations, columns with beams, walls and wall panels, basic roof structures.
An additional building permit from the relevant competent services is necessary for the facilities that are built:
1) in the protective lane of roads;
2) in the protective zone of the railway;
3) in the airport area;
4) in the protective zone of the location of electric power facilities;
5) in the zone of landslides;
6) in the area of useful developments and their operation;
7) at a distance of up to 400 m from military facilities used for the placement of explosive and detonating substances, ammunition;
8) in the territory indicated in the territorial planning for the construction of infrastructure and objects of useful and public use;
9) in accordance with the rules by which at the time of construction it was impossible to obtain a building permit;
10) as temporary objects;
11) in the zone of the national parks.
The owner of the object without a building permit is required to apply for legalization within 270 days from the date of entry into force of this Law.
Legalization of real estate - an object without a building permit, built on land without proper registration, can be delayed until the decision of property relations with the owner who has the right to own land. If the applicant does not have proof of ownership or other rights to the land to legalize the property, he/she submits the evidence to the court, the Ministry or other competent authority that initiates the procedure and procedure for determining the ownership.
Objects without a building permit are entered in the «Register of objects without a building permit». These objects are classified according to:
1) the degree of construction (construction of a new building or modernization - reconstruction of an existing building);
2) the purpose of the object;
3) the building area (in m2 of the total built-up area)
4) the degree of completeness of construction and the condition of the facility;
5) ownership of the land;
6) the conformity of the object to the territorial layout;
7) the compliance of the object with the existing horizontal and vertical layout.
The process of legalizing an object without a building permit includes:
1) filing an application and attached documents for the legalization of this facility;
2) adoption of a decision on an application for legalization of an object without a building permit;
3) analysis of the strength (stability) and safety of the object in accordance with the Law;
4) the decision to legalize an informal object.
Also, the owner of the object without a building permit is obliged to coordinate the appearance of the building within three years from the date of publication of mandatory recommendations with specific requirements for this object.
Legalization of an object without a building permit is paid in the amount of up to 20% of the amount of the communal duty established by the local administration to equip the land for this territory.
Individual buildings without a building permit that have been built or are under construction:
- in the area of marine property;
- in the area of the location of cultural property or cultural heritage, as well as in their protective zone;
- in the protected area of the location of natural resources;
- in protected areas of water resources and in protective areas of water sources;
- in zones of forest parks and protective forests, in green areas –
are considered as temporary objects without a building permit in accordance with this Law. They are determined by the «Plan of temporary objects without a building permit» for a three-year period. The decision on the status of objects is taken by the body responsible for adopting the plan of temporary objects based on this plan.
If the owner of the object has not submitted an application for the legalization of the Object without a building permit within 270 days from the date of entry into force of this Law, a fine is imposed:
- per legal entity in the amount of from 1 000 to 40 000 euros;
- to the responsible person (from a legal entity) in the amount of from 300 euros to 2000 euros;
- for an individual in the amount of from 150 euros to 2000 euros.