January 1, 2018 in Montenegro, the state program for the legalization of illegally constructed real estate objects was launched. "The Law on the Legalization of Illegal Facilities" and "The Law on Spatial Planning and Building Construction" are aimed at forming a new state policy regarding the design and construction of real estate, including solving the problem of illegal construction of residential and commercial real estate constructed without a building permit ( Gradzhevinska dozvola). According to the Ministry of Tourism and Sustainable Development in Montenegro, there are about 100,000 illegally constructed facilities.

Given that the practical mechanisms of the process of legalization of real estate are not yet fully developed and have many "pitfalls", a phased implementation of the legalization procedure is provided. And the first stage at the legislative level provides for the preparation and submission of a package of documents for the legalization of illegal facilities.

The deadline for submitting a package of documents for the legalization of illegally constructed buildings is regulated. All owners of illegally constructed objects are required to apply for legalization within the specified period. In case of non-submission of the application within the specified time, the owner of the illegally constructed property will be fined and additional tax fees for illegal construction.

The application for legalization is submitted to the authorized local government (opshtina). The basis for filing an application for legalization is a list nepokretnosti, that means that the real estate object must be registered and entered into a single database of real estate cadastre. The application for legalization of the property must be attached by “Elaborate” - technical documentation for the building (prepared by a licensed geodetic organization certified by the cadastre) certified in accordance with “The Law on State Survey and Real Estate Cadastre”.

Owners of houses from 200 sq.m need a certified draft floor plan and opinion on the conformiti of the property with seismic standards. Owners of objects from 500 sq.m and commercial objects must also provide an architectural design of the building. For owners of apartments and small houses up to 200 sq.m, who live here with their family and do not have other housing in the territory of Montenegro, a simplified package of documents for legalization without preparation of additional technical documentation for real estate is provided. The cost of developing technical documentation is borne by the owners of illegal buildings.

Based on the documents submitted by the applicant, a decision on legalization will be prepared and issued, which may include additional requirements to bring the appearance of the object in accordance with the guidelines of the planning document or resolution of the chief architect of the city. The applicant must, within three years, bring the appearance of the object in line with the received decision, after which the corresponding entry that the object was built without a building permit is removed from the cadastre.

legalizationThe amount of the municipal fee for the legalization of an illegally constructed property is determined by opshtina and depends on the area, location and purpose of the property. The size of base rates has not been approved yet; only preliminary planned amounts are announced.

At the next stages of the legalization program, the law provides for sanctions against property owners who have not received a decision on legalization. The amount of fines will be from 5.000 to 40.000 euros for a legal entity, from 1.000 to 12.000 euros for entrepreneurs, from 500 to 4.000 euros for individuals.

If You have any questions about preparing a package of documents and filing an application for the legalization of constructed real estate, we are always ready to help You with the preparation and submission of documents in accordance with the current legislation of Montenegro. Send Your request and our specialists will contact You within 24 hours.

The procedure of the legalization of illegally constructed real estate in Montenegro ...

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