LAWON BUILDING LEGALIZATION("Off. Herald of RS", Nos. 96/2015 and 83/2018) |
Article 1
This Law governs the conditions, procedure and manner of legalization of buildings, or parts of buildings built without a building permit, i.e. building approval (hereinafter referred to as: illegally built buildings), conditions, manner and procedure for issuing the decision on legalization, legal consequences of legalization, as well as other issues significant for legalization of buildings.
The provisions of paragraph 1 of this Article also refer to the auxiliary and other buildings which serve the main building (garages, storages, septic tanks, wells, pools, water cisterns and similar) or serve to carry out the technological process within the building, which are considered to be the integral part of the illegally built main building and are legalized together with the main building, in line with this Law.
The provisions of paragraph 1 of this Article also refer to buildings, i.e. works executed in line with Article 145 of the Law on Planning and Construction ("Official Herald of RS", Nos. 72/09, 81/09 - Corrigendum, 64/10 - CC, 24/11, 121/12, 42/13 - CC, 50/13 - CC, 98/13 - CC, 132/14 and 145/14).
The provisions of paragraph 1 of this Article also refer to the underground ducts (underground installations), as well as above ground ducts (above ground installations), if, due to the technical characteristics and position, they represent independent buildings.
Article 2
Legalization, within the meaning of this Law, represents a public interest of the Republic of Serbia.
Article 3
The subject of legalization, within the meaning of this Law, is a building which has been completed in construction terms.
Notwithstanding the provisions of paragraph 1 of this Article, when the subject of legalization is a building, the subject of legalization may also be the building on which only fundamental construction works have been completed (foundation, reinforced concrete or steel pillars with beams, i.e. reinforced ceiling, roof frame) with or without the finished facade.
The degree of completion of other buildings which are subject to legalization is determined depending on the type and purpose of the building.
Article 4
This Law does not apply to the buildings which have been built without a building permit, i.e. building approval in line with the regulations according to which the obligation of obtaining the building permit, i.e. building approval was not prescribed at the time of construction, in line with the regulations governing the registration of ownership right over immovables.
This Law does not apply to the buildings for which a decision on the building permit has been issued and which are used without issued decision on the usage permit. The decision on the usage permit is acquired in accordance with the law that regulates the construction of facilities, and the commission of technical inspection determines the facility as appropriate for usage on the basis of the issued building permit and the main design and on the basis of the regulation applicable at the moment when the building permit had been issued. Prior to issuing a decision on the usage permit, evidence of settled obligations regarding the fee, i.e. the contribution for the development of building land is provided, if no official records thereof are kept.
Notwithstanding paragraph 2 of this Article, the subject of legalization is also a building built on the basis of a building permit, i.e. approval for the construction and a confirmed main design, where the construction works deviated from the issued building permit, i.e. approval for construction, and the confirmed main design, and where it is not possible to issue a decision amending the building permit decision, in accordance with the provisions of the law regulating the construction of facilities.
Notwithstanding paragraph 2 of this Article, if, during the legalization procedure, a decision on building permit has been issued, but not the decision on occupancy permit, such a procedure is finalized in line with the provisions of this Law, i.e. the competent authority renders a decision on legalization without conducting the procedure prescribed by this Law only in the cases when no other modification on the building has been made, expect for regular maintenance.
This Law does not apply to buildings constructed i.e. reconstructed in cases where the investor has built/reconstructed the building by referring to his right to the building or land on which the building was built against the purpose for which that right was established or recognized by law, i.e. contrary to the purpose of the decision or another individual decision that establishes the right in accordance with the law, especially when the investor builds a permanent building on the land given to him for temporary use and/or on the basis of a decision rendered in accordance with the regulations governing the installation of prefabricated buildings.
Notwithstanding paragraph 2 of this Article, if in the procedure of legalization the building permit decision has been issued, but not the decision on the occupancy permit, such procedure is concluded in accordance with the provisions of this Law, i.e. the competent organ issues a decision on legalization without implementing the prescribed procedure by this law.
If during the procedure of legalization, the applicant settled relations with the local self-government unit in accordance with the provisions of the law that was applicable at that time, but the competent authority did not subsequently issue a building permit until the day this Law entered into force, the local self-government unit is obliged to refund the paid funds to this person.
This Law does not apply to the buildings which, in terms of the law governing defense, are considered as military buildings, i.e. buildings which, in terms of the law that governs mining, are considered to be mining buildings, plants and devices.
Article 5
A subject of legalization may not be a building:
1) Built, i.e. reconstructed on land unsuitable for construction (landslides, marshland and similar);
2) Built, i.e. reconstructed from material which does not secure the durability and safety of the building;
3) Built on the surfaces for public purposes, i.e. land planned for preparing or construction of public purpose buildings, for which, in line with the provisions of a special law, the public interest is established, and which are mandatory public domain, in line with the provisions of other special laws;
4) Built in the first and second degree of protection of natural resources (except for holiday homes and other family buildings used for vacation within the second degree of protection of natural resources), i.e. in the zone of protection of cultural property of exceptional importance and in the zone of protection of cultural heritage sites registered in the World Heritage List, i.e. works on the actual cultural property of exceptional importance or heritage site registered in the World Heritage List, built in the zones of sanitary protection of water supply sources, built within a military complex and protection zones around military complexes and buildings belonging to the special purpose infrastructure, i.e. built, reconstructed or additionally built contrary to the regulations on defense which prescribe special obligations for the construction of buildings, as well as other buildings built in protection zones in line with the provisions of special laws (within the protection zone of: road, railway, transmission line, watercourse, runway, as well as other protection zones in line with the provisions of special laws);
5) Built in the protection zone along the line of radio corridors, in the direction of spreading of directed radio signals between radio stations, in which the construction or installment of other radio stations, antenna systems or other buildings which may disrupt the spreading of radio signals or cause harmful interference is not allowed.
Notwithstanding the provisions of paragraph 1, item 1) of this Article, the competent authority shall issue a decision on legalization if, during the procedure, appropriate evidence is obtained, proving that such a building is stable, that it does not jeopardize the stability of the terrain and the neighboring buildings. The stability of the building and jeopardizing the stability of the terrain and neighboring buildings are determined on the basis of reports, graphic enclosures of the planning document with marked surfaces - land which is unsuitable for building, engineering and geological reports and other evidence based on which such a fact may be determined.
Notwithstanding the provisions of paragraph 1, items 3) and 4) of this Article, the competent authority shall issue a decision on legalization, if, during the procedure, the approval has been obtained from the public domain manager, i.e. approval of the organization competent for the protection of natural, i.e. cultural heritage.
The subject of legalization may not be a building, for which the competent authority, in line with the previously applicable regulations which governed the legalization of buildings, had rendered a decision rejecting the legalization application, and which is final in the administrative procedure.
Notwithstanding the provision of paragraph 1 of this Article, if after the decision on rejection of the legalization application became final, the planning document has been modified, or the application has been rejected due to the reasons which have been differently regulated by this Law, but which are more favorable to the owner of the illegally constructed building, the competent authority acknowledges this fact and continues with the legalization procedure in line with this Law.
Article 6
The subject of legalization is the building for which a request for legalization has been filed in line with the previously applicable law which governed the legalization of buildings until 29 January 2014, and which is visible on the satellite image of the territory of the Republic of Serbia from 2015.
Requests and applications for legalization of buildings submitted by January 29, 2014 are deemed to be requests within the meaning of this Law.
The subject of legalization is also a building for which the request for legalization has not been submitted in accordance with the previously applicable law that regulated the legalization of buildings, and which is visible on the satellite image of the territory of the Republic of Serbia from 2015, for which the competent construction inspector issued a demolition decision , in accordance with the provisions of the Law on the Legalization of Facilities ("Official Herald of RS", No. 96/15).
In the event that the construction inspector did not issue the demolition decision referred to in paragraph 3 of this Article, and the building in question is visible on the satellite image from 2015, such a building may be the subject of legalization, in accordance with the provisions of this Law.
Verification of visibility on the satellite image is obligatory for all buildings that are subject to legalization in accordance with this law. The verification of existence of buildings in the satellite image for buildings from paras. 1, 3 and 4 of this Article is carried out by the organ in charge of legalization of buildings.
The provisions of the Law on the Legalization of Buildings ("Official Herald of RS", No. 96/15) do not apply to the decisions of the construction inspector referred to in paragraph 3 of this Article, i.e. the demolition of a building or part of a building can be carried out under a final decision on refusal or rejection of the request for legalization, in accordance with the provisions of this Law.
The satellite image referred to in paragraph 1 of this Article must be available to the citizens in electronic form with the body responsible for issuing the legalization decision, the competent construction inspection, as well as in the competent service of the cadaster of the real estate according to the place where the real estate is located.
The subject of legalization is also the building for which the request has been submitted in accordance with the Law on Special Conditions for the Registration of Ownership Rights on Buildings Constructed Without a Building Permit ("Official Herald of RS", Nos. 25/13, 145/14 and 96/15), for which procedure has not been finally concluded.
All buildings constructed without an issued building permit decision or decision on the approval of execution of works after 27 November 2015 are not the subject of legalization in accordance with the provisions of this Law, and the competent construction inspector issues a demolition decision for these buildings which is enforceable as of the day of its adoption, in accordance with the Law on Planning and Building.
Article 7
The decision on demolition of a building rendered by a construction inspector on the basis of the inventory and records of illegally constructed buildings in accordance with the provisions of the Law on the Legalization of Buildings ("Official Herald of RS", No. 96/15), is not enforced until the finality of the decision whereby the request for legalization has been refused or rejected in the proceedings initiated on the basis of the demolition decision.
Article 8
The subject of legalization may be a building which may comply with the valid planning document in regard to its purpose and the number of floors.
The subject of legalization may be a building for which, apart from the purpose determined by the planning document, it is determined that its purpose is within the plan defined compatibilities, has.
The subject of legalization may be a building which has the number of floors prescribed by the applicable planning document, and exceptionally, the number of floors greater than the number prescribed by the applicable planning document, which is determined based on a by-law of the local government unit, which shall prescribe the number of floors as per urban zones, units or blocks. If the applicable planning document does not specify the maximum number of floors of buildings, the competent authority specifies it based on the by-law of the local government unit, which shall prescribe the number of floors as per urban zones, units or blocks.
The by-law referred to in paragraph 3 of this Article is adopted by a local government unit within the term of 30 days from the day of entry into force of this Law.
Article 9
The fulfillment of the conditions prescribed in Art. 3, 5, 6 and 8 of this Law represents the condition for the continuation of the legalization procedure.
Article 10
The subject of legalization may be a building for which the owner submits evidence of the appropriate right to the building land or building, depending on the type of works, i.e. type of building which is subject of legalization.
An appropriate right is considered to be a right of ownership of a building, i.e. ownership right, right to use or right to lease the building land in public ownership, as well as other rights prescribed by the Law on Planning and Construction, as appropriate rights to the building land.
In terms of this Law, the following is also considered as the appropriate right:
1) In case of a building constructed on the land owned by another person - final court ruling determining the right of ownership of land, which the owner obtains in line with the regulations governing ownership relations;
2) In case of a building constructed on building land - contract on the transfer of rights of use, i.e. purchase of land, which has been concluded between the then user and the applicant and verified by a competent court, as well as other contracts which served for the disposal of land (contract on the transfer or exchange of immovables concluded between the then users of land, in the appropriate form which was prescribed for concluding such type of contract at the time of conclusion);
3) Contract on the purchase of a building or purchase of a building in construction, verified in the appropriate form, which was prescribed for concluding of such type of contract at the time of conclusion, between the owner, i.e. the user and the applicant;
4) Co-investment building construction contract, verified in the appropriate form which was prescribed for concluding of such type of contract at the time of conclusion, between the owner, i.e. the user and the applicant;
5) Decision of the ministry competent for defense on the allocation of "emergency accommodation";
6) Final ruling on inheritance;
7) Final ruling on the status change of a company, based on which the legal continuity of the applicant, i.e. of the owner of the illegally constructed building may undoubtedly be determined;
8) All other legal transactions based on which the legal continuity of the transfer of land, building or a separate part of the building, may undoubtedly be determined.
When the subject of legalization is home addition, converting common areas of a building into an apartment or business premises or merging common areas with the neighboring apartment, the following is submitted as evidence of the appropriate right: extract from the real estate folio for the building and all separate parts of the building, and the evidence prescribed by the provisions of the law that regulates the maintenance of residential buildings that the relations between the owner of the illegally constructed facility and the building’s tenants association have been regulated, except for the premises under paragraph 3, item 5) of this Article.
If the ownership right to an illegally constructed building has been registered in line with the Law on Special Requirements for the Registration of Ownership Right to the Buildings Constructed without a Building Permit, the verified copy of the decision on registration of ownership right or the extract from the real estate folio about the recording of the immovables and ownership rights to them, is submitted as evidence of the appropriate right, as well as the evidence of the appropriate right to building land, as a mandatory part of the documentation.
When the subject of legalization is a building constructed on the building land where the co-ownership exists, a written consent of all co-owners is submitted as evidence of the appropriate right.
In case the co-owner knew or could have known of the construction of the building, i.e. the execution of works which are the subject of legalization, but at that time of construction failed to oppose it, it shall be deemed that the consent for legalization exists, and thus, in that case, evidence prescribed by paragraph 6 of this Article is not submitted.
Ownership right or right of lease on the land below the building, acquired in line with Articles 70 and 105 of the Law on Planning and Construction, in the part referring to the legalization of buildings and buildings to which the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit has applied, is deemed as the appropriate right to building land in the legalization procedure.
When evidence on acquiring the ownership right to the land below the building is submitted as evidence of resolved property and legal relations, prior to rendering the decision on legalization of a residential or residential and business building which comprises of separate physical parts, evidence that the owner of the apartment in the illegally constructed building has concluded a contract on purchase and sale of share in land, which is proportionate to the surface of the separate part in relation to the total surface of the building, is also acknowledged as the appropriate right.
The owner of the building land shall, within the procedure prescribed by the Law on Planning and Construction, obtain the data on the total market price of the land below the building, along with the obligation to define the share of the building land below the building and the market price of the share, upon the request of each individual owner of the separate part.
The owner of the building land and the owner of the separate share in the illegally constructed building conclude a contract on the sale of share.
The owners of the apartments, who do not conclude the contract on the purchase of share in the manner prescribed by this Law, shall not proceed with the legalization procedure.
Evidence of the appropriate right is not submitted for the communication networks and devices and line buildings which comprise of underground and above ground ducts with carriers of such ducts. Evidence of the appropriate the right for these buildings is submitted for the above ground parts of the building, except for the ducts.
The owner of the building referred to in paragraph 13 of this Article acquires the ownership right over the building by virtue of legalization, but not on the land above or below the duct, and the owner of the land shall enable the unhindered access to these parts of the building for the purpose of maintenance and in case of malfunction.
The owner of the building referred to in paragraph 13 of this Article shall compensate the owner of the land below or above the duct for the possible damage incurred during the exploitation of the building, in line with the regulations governing the issue of damage compensation.
In case the contract on the transfer of right of use concluded between the then owner of the land and the applicant, which has not been verified before a court, is submitted as the appropriate right to land, upon the request of the applicant, the court competent for property and legal affairs, on whose territory the subject land is located, carries out the procedure and issues a ruling on termination of right of use of the then user and establishes the right of use in favor of the applicant, and when such ruling becomes final, the authority competent for the legalization of the building accepts it as evidence of the appropriate right over land.
Article 11
For the purpose of determining the possibility of legalization in line with the provisions of this Law, the report on the current state of the building whose integral part is the geodetic works study for the illegally built facility, is obtained in the legalization procedure.
Upon determining the fulfillment of conditions for the legalization of the building, prior to rendering of a decision on legalization in line with this Law, the owner of the illegally constructed building also submits the evidence that he filed a property tax return for his illegally built facility, if no official records about that are kept.
The data stated in the tax return from paragraph 2 of this Article must correspond to the contents of the technical document and the data from the study of geodetic works submitted in the procedure of legalization.
Upon submission of proof of tax return filing, the competent authority informs the applicant of the amount of the fee referred to in Article 33 of this Law. Upon submission of proof of paid fees for legalization, the competent authority issues a decision on legalization.
The amount of the fee referred to in paragraph 4 of this Article depends on the class, the surface area and the purpose of the building.
When the subject of legalization is a building built in the protective zone of a public purpose building, before rendering a legalization decision in accordance with this Law, the owner of the illegally constructed facility also submits a statement that he waives the right to initiate a lawsuit to claim damages on any basis in connection with the influence of this public building on the use of the legalized building, which does not exclude the possibility of protecting the rights under other legal bases.
When the subject of legalization is a building for which consent is obtained in the legalization procedure for a technical document in accordance with the law governing fire protection, the construction time, except in accordance with this Law, is also determined in the manner determined by the regulation governing the cadastral survey and real estate cadastre and on the basis of a certified statement by the investor, which, under full material, criminal and moral responsibility, he confirms the construction time of the building.
The minister in charge of civil engineering affairs more closely regulates the order of taking actions in the procedure of legalization.
III MANNER AND PROCEDURE OF LEGALIZATION
Article 12
The decision on legalization of building is issued by the ministry competent for civil engineering matters, i.e. the competent authority of the autonomous province, i.e. local government unit (hereinafter referred to as: the competent authority), upon the conducted procedure, once it determines that the illegally constructed building fulfils the conditions prescribed for usage and other conditions prescribed by this Law.
The competent authority issues a decision on legalization of those buildings for the construction of which, based on the law governing the construction of buildings, it is authorized to issue a building permit within a regular procedure, i.e. other authority of the local government unit, which was authorized, pursuant to a by-law, to issue the building or usage permits in the procedure of legalization of buildings.
Cities that have urban municipalities under their auspices may entrust the implementation of the legalization procedure to city municipalities, in accordance with the provisions of the statute of that unit of local self-government.
The statute of the local self-government unit determines the buildings for which the decision on the legalization can be made by a city municipality within the city, i.e. the city of Belgrade.
The provisions of the law governing the construction of buildings apply mutatis mutandis to the appeals procedure, i.e. complaint against the decision referred to in paragraph 1 of this Article, unless otherwise prescribed by the provisions of this Law.
Article 13
Upon determining the fulfillment of the previous conditions and the existence of the appropriate right referred to in Article 10 of this Law, the competent authority continues the legalization procedure by obtaining the documentation referred to in Article 11 of this Law.
For the buildings for which the ownership right has been registered in line with the Law on Special Requirements for the Registration of Proprietary Right over the Buildings Constructed without a Building Permit the procedure prescribed by this Law is not carried out, but the competent authority, upon obtaining the evidence referred to in Article 10, paragraph 5 of this Law, notifies the applicant to pay the legalization fee and, upon submitting the evidence of payment, renders the decision on legalization.
Article 14
For the buildings for which the request for legalization has been filed, and which, for the purpose of this Law, are deemed as legalization requests, the competent authority, prior to obtaining the documentation referred to in Article 11 of this Law, verifies whether the owner of the illegally constructed building has, in the previously conducted legalization procedure for the buildings, provided the technical documentation prescribed by the then applicable regulations, along with the geodetic works study, the survey map, i.e. the copy of the plot plan.
In case the owner of the illegally constructed building has submitted the technical documentation in line with the previously applicable regulations regarding the legalization of buildings, the competent authority verifies whether the contents of that technical documentation is equivalent to the contents prescribed for the report on the current state of the building, in line with this Law.
In case the contents of the technical documentation, submitted in the previously conducted legalization procedure, is equivalent to the contents of the report on the current state of the building, prescribed by this Law, the competent authority acknowledges this and recognizes the previously submitted document as the report on the current state of the building, in terms of this Law.
Article 15
The report on the current state of the building is prepared for the needs of the legalization of the building.
The geodetic works study, being an integral part of the report on the current state of the building, is prepared for all buildings within the legalization procedure, except for the buildings referred to in Article 1, paragraph 3 of this Law, when the copy of the plot plan is submitted.
The contents of the report on the current state of the building for the needs of the legalization of the building depend on the class, surface, purpose and manner of use of the building and have the contents prescribed by this Law.
For the buildings for which, in line with the law governing fire protection, approval of the Ministry of Interior is obtained for the project documentation, apart from the report on the current state of the building, the detailed design is also enclosed, with the consent of the authority competent for the matters related to fire protection.
The detailed design is prepared in line with the by-law adopted on the basis of the Law on Planning and Construction which governs the contents of the technical documentation.
The report on the current state of the building (hereinafter referred to as: the report) is prepared by a company, i.e. other legal person or entrepreneur, which have been registered at the appropriate register.
Article 16
The geodetic works study, which is an integral part of the report on the current state of the building, is prepared in line with the regulations on the state surveying and cadastre.
For the buildings which have been processed through the graphic database of the real estate cadastre, the copy of the plan with the entered height of the ridge, verified by an authorized geodetic organization, is submitted instead of the geodetic works study.
When the subject of legalization is a building comprising of separate physical parts, the study referred to in paragraph 1 of this Article is prepared for the building and all separate physical parts of the building.
Article 17
The report on the current state of the building is prepared for:
1) Buildings belonging to the A category, class 111011 and 112111;
2) Buildings whose gross building area of the building (hereinafter referred to as: GBA) is larger than 400 m²;
3) Buildings of public purpose;
4) Engineering buildings.
Article 18
The report on the current state of the building which is prepared for the buildings belonging to category A, class 111011 and 112111 contains the following: the geodetic works study, image of the as-built state, statement of the responsible designer or the responsible contractor, stating that the building fulfils the basic requirements for a building in regard to bearing capacity and stability, according to the regulations which were applicable at the time of construction of such a building and the statement of the owner of the illegally constructed building that he accepts the possible risk of building’s usage, given the minimal technical documentation which has been prescribed for legalization.
The image of the as-built state contains the general documentation, textual, numeric and graphic documentation.
The general documentation contains:
1) Front page with the following data:
(1) Name of the building and its location (street and house number, if given), number of the cadastral plot and the cadastral municipality;
(2) Company name, i.e. the name of the owner of the illegally constructed building;
(3) Type of document (report on the current state of the building with the geodetic works study);
(4) Name of the sole trader, i.e. legal person which has prepared the report;
(5) Name, surname and license number of the responsible designer, i.e. the responsible contractor;
(6) Place and date of the report.
2) Contents of the report.
The textual documentation contains:
1) Description of the building;
2) Description of the installations (hydro technical, electrical energy, telecommunication and signal, machine, with the manner of connection to the external network, as well as the description of technologies);
3) Manner of use;
4) Time of construction;
5) Data on the material from which the building is constructed with acknowledgement that it is the type of material which ensures durability and safety of building;
6) Data on degree of completion and usability of the building with acknowledgement about the visual detection of the stability of building.
If the installations within the building have been installed in line with the conditions, i.e. consents or based on the contract concluded with a public enterprise, i.e. competent authority, such data are also specified in the textual documentation.
When the subject of legalization is a building which is not completed in civil engineering or construction craft sense, the textual documentation also contains the inventory of the works necessary for the completion of the building which is the subject of legalization.
The numeric documentation contains:
1) Spreadsheet of the building’s surfaces (numeration, purpose, net useable surface area of each separate part of the building, name of the floor on which it is);
2) GBA and the useable surface area;
3) Number of floors and the height of the building.
The graphic documentation contains:
1) Graphic presentation of the basis of all floors and the roof, in the appropriate proportion;
2) At least four photographs in color or black and white, showing all visible façades of the building.
The integral part of the report is also be the statement of the responsible designer, i.e. responsible contractor, stating that the illegally constructed building fulfils the basic requirements for a building in regard to the bearing capacity and stability, according to the regulations which were applicable at the time of construction of that building.
If a company or other legal person that has prepared a report on the current state of the building, enters inaccurate data in the report on the current state of the building, i.e. fails to show the actual state and level of completion of the building, the competent authority for legalization initiates the procedure for revoking of the license of the responsible person.
Article 19
The report which is prepared for the buildings whose GBA is larger than 400 m², buildings of public purpose and engineering buildings, contains: the geodetic works study, image of the as-built state, the statement of the responsible designer or the responsible contractor that the building fulfils the basic requirements for a building and the statement of the owner of the illegally constructed building that he accepts the possible risk of building usage, given the minimal technical documentation prescribed for legalization.
The image of the as-built state contains the general, textual, numerical and graphic documentation, in line with Article 19 of this Law.
Apart from the contents prescribed by Article 18, paragraph 8, item 1) of this Law, the graphic presentations also contain the two characteristic, mutually perpendicular cross sections and other characteristic cross sections and the appearances of the building.
Apart from the prescribed contents, the report also contains other specific data which are characteristic for a specific type of building (for construction engineering facilities: longitude profile, characteristic cross section profiles, other views depending on the type and the class of the facility), in line with the rules of the profession.
The integral part of the report for the architectural engineering building whose GBA is larger than 400 m² is the statement of the responsible designer, i.e. the responsible contractor that the illegally constructed building fulfils the basic requirements for a building in regard to its bearing capacity and stability, in line with the regulations which were applicable at the time of construction of that building.
In case the illegally constructed architectural engineering building has a GBA larger than 2,000 m² and/or number of floors bigger than G+4, apart from the statement referred to in paragraph 5 of this Article, the integral part of the report is the statement of the designer, holding an appropriate license that the building fulfils the requirements in regard to fire protection, in line with the regulations which were applicable at the time of construction of that building.
The integral part of the report for the building of public purpose and an engineering building is also the statement of a responsible designer, i.e. responsible contractor, holding an appropriate license that the illegally constructed building fulfils the basic requirements for a building in regard to its bearing capacity and stability, fire protection and safety and accessibility during usage, according to the regulations which were applicable at the time of construction of that building.
In case the state of the structure, i.e. the quality of the executed works, in regard to stability, i.e. safety is not satisfactory, or the technical regulations for this type of building have been modified in the meantime, the report also contains the proposal of measures, i.e. the inventory of works which are to be undertaken prior to issuing the legalization decision.
Article 20
When the subject of legalization is also the building referred to in Article 1, paragraph 2 of this Law, the report presents these buildings as well, along with the content and scope in line with the rules of the profession, at the level of elaboration which is appropriate compared to the level of elaboration in the report for the main building.
Article 21
The provisions of Article 18 of this Law apply mutatis mutandis to the preparation of the report for the buildings referred to in Article 1, paragraph 3 of this Law.
Article 22
The actions taken by the competent authority are governed by this Law.
The provisions of the law governing general administrative procedure apply to all issues of the procedure which have not been regulated by this Law.
Article 23
The procedure of legalization is conducted for all buildings referred to in Article 6 of this Law.
The procedure for legalization for the facilities referred to in Article 6, paragraph 4 of this Law is initiated on the basis of a notice on the visibility of the facility on the satellite image submitted to the competent organ for the conduct of the legalization procedure by the organ in charge of state surveying and cadastre affairs, in accordance with the provisions of this Law.
Article 24
Upon initiation of the procedure in line with this Law, the competent authority determines the fulfillment of the preceding requirements for legalization.
Article 25
Illegally constructed buildings, on which rough construction works with a formed structural assembly have been executed (the building has the following bearing elements: foundation, reinforced concrete or steel pillars with beams, i.e. reinforced concrete ceilings, roof structure), but on which external woodwork has not been mounted, distributions of internal installations have not been installed, and finishing works have not been completed (façade, flooring, woodwork and similar), may be the subject of legalization in line with this Law.
In case the illegally constructed building is not at the degree of completion prescribed by this Law, the competent authority shall adopt a decision to reject the request.
An appeal may be filed against the decision referred to in paragraph 2 of this Article, to the competent, second-degree authority, within a term of 15 days from the day of serving.
An appeal against the decision referred to in paragraph 2 of this Article, rendered by the ministry competent for civil engineering or the competent authority of the autonomous province, is not allowed, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the date of serving.
Upon finality of the decision on refusing the request for legalization due to the reasons that the building is not in the level of construction prescribed by this law, the competent authority submits it to the construction inspection within three days from the day of issuing the decision.
The owner of the building referred to in paragraph 1 of this Article, upon completion of the legalization procedure and registration of ownership right over that building, may, in line with the provisions of the law that governs the construction of building, submit a request for execution of works on the completion of the building, in line with the law governing the construction of buildings.
Description of degree of completion of building is an integral part of the report on the current state of the building.
Article 26
The illegally constructed buildings, constructed on land unsuitable for construction, are not the subject of legalization in line with this Law.
When the competent authority determines that an illegally constructed building has been constructed on a terrain that is unsuitable for construction, it shall then inform the owner of the building of such a fact and order the submission of geological, geodetic, architectural and other relevant evidence, within a term of 30 days, based on which it may be determined that the building is stable, that it does not jeopardize the stability of the terrain and the neighboring buildings.
If, within the term prescribed by paragraph 2 of this Article, the owner of the building provides evidence based on which it may be determined that the building is stable and that it does not jeopardize the stability of the terrain and the neighboring buildings, the competent authority continues with the legalization procedure.
In case the owner of the building, within the term prescribed by paragraph 2 of this Article, fails to submit evidence based on which it can be determined that the building is stable, that it does not jeopardize the stability of the terrain and the neighboring buildings, the competent authority adopts a decision to reject the request.
An appeal may be filed against the decision referred to in paragraph 4 of this Article, to the competent, second-degree authority, within a term of 15 days from the day of serving.
An appeal is not allowed against the decision referred to in paragraph 4 of this Article rendered by a ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of serving.
Upon finality of the decision referred to in paragraph 4 of this Article, the competent authority submits it to the construction inspection within three days from the day of rendering of the decision.
Article 27
The illegally constructed buildings may not be the subject of legalization if constructed from a material which does not provide the durability and safety of the building.
The data referred to in paragraph 1 of this Article are an integral part of the report on the current state of the building.
Article 28
The competent authority, when it determines that it is about the building referred to in Article 5, paragraph 1, items 3) and 4) of this Law, submits the request for granting consent for legalization to the governor of the public domain, i.e. to the organization competent for the protection of natural, i.e. cultural resources.
Along with the request referred to in paragraph 1 of this Article, the competent authority submits the data and documents it holds in that stage of the legalization procedure.
The governor of the public domain, i.e. the organization competent for the protection of natural, i.e. cultural resources, is obliged to deliver the written consent or rejection to give consent for legalization, to the competent authority within 15 days from the day of submission of the request.
The consents delivered by the governors of public domains cannot be in conflict with the conditions from the planning document, or with the determined urbanistic parameters, i.e. contrary to the bylaw referred to in Article 8, paragraph 3 of this Law.
In case the consent for legalization is delivered, the competent authority continues the legalization procedure.
In the event that the governor of public domain acts contrary to the provisions of paragraph 4 of this Article, the competent authority issues a decision on the legalization solely in accordance with the urban and other parameters from the valid planning document, i.e. in accordance with the bylaw referred to in Article 8, paragraph 3 of this Law.
In case the governor of public domain, i.e. organization competent for the protection of natural, i.e. cultural resources rejects to grant consent for the legalization, the competent authority shall render a decision to refuse the request.
An appeal may be filed against the decision referred to in paragraph 7 of this Article, within a time limit of 15 days from the day of serving.
An appeal is not allowed against the decision referred to in paragraph 7 of this Article rendered by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate the administrative dispute, within 30 days from the day of serving.
Upon the finality of the decision from paragraph 7 of this Article, the competent authority delivers it to the construction inspection, within three days from the day of rendering of the decision.
Article 29
The subject of legalization may be a building which can be harmonized with the applicable planning document, in regard to the purpose and the number of floors of the building, in line with Article 8, paras. 2 and 3 of this Law.
In case the competent authority determines that the purpose of the illegally constructed building is not in accordance with the purpose which has been determined pursuant to the applicable planning document or is not within the scope of compatibilities defined by the plan or the number of floors of the illegally built building is not in line with the number of floors prescribed by the valid planning document or is not in accordance with the number of floors determined by the by-law, referred to in Article 8, paragraph 3 of this Law, the competent authority shall adopt a decision to reject the request.
An appeal may be filed against the decision referred to in paragraph 2 of this Article, within at term of 15 days from the day of serving.
An appeal is not allowed against the decision referred to in paragraph 2 of this Article, which was adopted by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of serving.
Upon the finality of the decision from paragraph 2 of this Article, the competent authority delivers it within three days to the construction inspection.
Article 30
The competent authority determines, as a preliminary issue in the legalization procedure, whether for the illegally constructed building, in line with the previously applicable regulations which governed the legalization of buildings, a decision has been rendered, rejecting the legalization request, which is final in the administrative procedure.
Once the competent authority determines such a fact, it renders a decision to reject the legalization request.
An appeal may be filed against the decision referred to in paragraph 2 of this Article, within a term of 15 days from the day of service.
An appeal is not allowed against the decision referred to in paragraph 2 of this Article which was rendered by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of service.
Upon the finality of the decision from paragraph 2 of this Article, the competent authority delivers it within three days to the construction inspection.
Notwithstanding the provision of paragraph 1 of this Article, if after the decision rejecting the legalization request became final, the planning document has been modified or the request was rejected due to the reasons which have been otherwise prescribed by this Law, but are more favorable for the owner of the illegally constructed building, the competent authority acknowledges this fact and continues the legalization procedure in line with this Law.
Article 31
Upon determining the fulfillment of prior conditions, the competent authority informs the owner of the illegally constructed building to submit evidence of the appropriate right within a term of 30 days from the day of serving of the notification, except where evidence of such appropriate right has already been submitted within the legalization procedure of the illegally constructed building.
The owner of the illegally constructed building may, prior to expiry of the term referred to in paragraph 1 of this Article submit a claim for the extension of the subject term.
Should the competent authority determine that justified reasons exist for the extension of the deadline referred to in paragraph 1 of this Article (termination of a court dispute, collection of evidence from other authorities and similar), it shall issue a decision to suspend the procedure, due to resolution of the preliminary issue.
By means of the decision referred to in paragraph 3 of this Article, the owner of the illegally constructed building is obliged to provide evidence within a term of 15 days, that he has initiated the procedure with the aim of resolving the preliminary issue.
The legalization procedure shall continue once the decision on the preliminary issue becomes final.
A special appeal is allowed against the decision referred to in paragraph 3 of this Article, within a term of eight days from the day of serving.
In case the owner of the illegally constructed building fails to submit evidence of the appropriate right within the term referred to in paragraph 1 of this Article, and fails to claim extension of the term referred to in paragraph 2 of this Article within the prescribed term, the competent authority shall issue a decision to reject the request.
A special appeal may be filed against the decision referred to in paragraph 7 of this Article, within a term of eight days from the day of serving.
A special appeal is not allowed against the decision referred to in paragraph 7 of this Article which was issued by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of serving.
Upon the finality of the decision from paragraph 7 of this Article, the competent authority delivers it within three days to the construction inspection.
Article 32
Once the competent authority determines the fulfillment of prior conditions for legalization and existence of the appropriate right within the meaning of this Law, it continues the legalization procedure, in terms of Article 11, paragraph 1 of this Law, and informs the owner of the illegally constructed building to provide the report accompanied by the geodetic works study within a term of 30 days from the day of serving of notice, i.e. it verifies whether the specified evidence have been submitted within the legalization procedure of the illegally constructed buildings.
Should the owner of the illegally constructed building fail to deliver the report, accompanied by the geodetic works study, within the term prescribed in paragraph 1 of this Article, the competent authority shall issue a decision to reject the request.
A special appeal may be filed against the decision referred to in paragraph 2 of this Article, within a term of eight days from the day of serving.
A special appeal is not be allowed against the decision referred to in paragraph 2 of this Article which was issued by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of service.
Upon the finality of the decision from paragraph 2 of this Article, the competent authority delivers it within three days to the construction inspection.
When the owner of the illegally constructed building delivers the report on the current state of the building, along with the geodetic works study, i.e. other document which has been prescribed by this Law instead of the geodetic works study, the competent authority determines whether these documents have been prepared in line with this Law.
In case the report of the current state of the building with the geodetic works study, i.e. other documents prescribed by this Law as evidence instead of the report and the geodetic works study, have not been prepared in line with this Law, the competent authority informs the owner of the illegally constructed building thereof and instructs him to submit the requested document, prepared in line with this Law, within a term of 60 days.
If the owner of the illegally constructed building fails to submit the document referred to in paragraph 7 of this Article within the prescribed term, the competent authority shall issue a decision to reject the request.
A special appeal may be filed against the decision referred to in paragraph 8 of this Article, within a term of eight days from the day of serving.
A special appeal is not be allowed against the decision referred to in paragraph 8 of this Article which was issued by the ministry competent for civil engineering or a competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of serving.
Upon the finality of the decision from paragraph 8 of this Article, the competent authority delivers it within three days to the construction inspection.
Article 33
Prior to issuing a decision on legalization, a legalization fee is paid for all buildings in the procedure of legalization.
The fee referred to in paragraph 1 of this Article is paid in the amount of 70% to the benefit of the local government unit on whose territory the illegally constructed building is located and in the amount of 30% to the benefit of the budget of the Republic of Serbia, i.e. to the benefit of the budget of the Republic of Serbia in the amount of 15% and to the benefit of the budget of the autonomous province in the amount of 15%, if such an illegally constructed building is located on the territory of the autonomous province.
The fee referred to in paragraph 1 of this Article is paid in the amount of RSD 5,000 for the legalization of a family building or apartment, of useable surface area of under 100 m², auxiliary and economic facilities, production and storing buildings, as well as all other buildings and works referred to in Article 145 of the Planning and Construction Law.
The provisions of paragraph 1 of this Article does not apply to the owners of the illegally constructed building whose purpose is residence of the applicant and his members of household, who is a person with disability, single parent or welfare beneficiary.
For family residential buildings and apartments of useable surface area ranging from 100 m² to 200 m², a legalization fee in the amount of RSD 15,000 is paid.
For family residential buildings and apartments of useable surface area ranging from 200 m² to 300 m², a legalization fee in the amount of RSD 20,000 is paid.
For family residential buildings of useable surface area over 300 m², a legalization fee in the amount of RSD 50,000 is paid.
For residential, and residential and business buildings intended for sale on the market, which comprise of multiple apartments and other separate parts, of useable surface area of under 500 m² and commercial buildings of fewer than 500 m², a legalization fee in the amount of RSD 250,000 is paid.
For residential, and residential and business buildings intended for sale on the market, which comprise of multiple apartments and other separate parts, of useable surface area ranging from 500 m² to 1,000 m² and commercial buildings ranging from 500 m² to 1,000 m², a legalization fee in the amount of RSD 500,000 is paid.
For residential, and residential and business buildings intended for sale on the market, which comprise of multiple apartments and other separate parts, of useable surface area ranging from 1,000 m² to 1,500 m² and commercial buildings ranging from 1,000 m² to 1,500 m², a legalization fee in the amount of RSD 1,000,000 is paid.
For residential, and residential and business buildings intended for sale on the market, which comprise of multiple apartments and other separate parts, of useable surface area over 1,500 m² and commercial buildings over 1,500 m², a legalization fee in the amount of RSD 3,000,000 is paid.
Notwithstanding paragraph 1 of this Article, the legalization fee is not paid for the legalization of facilities of organs, organizations and institutions of the Republic of Serbia, organs and organizations of autonomous provinces, i.e. local self-government units, organizations of compulsory social security, institutions established by the Republic of Serbia, autonomous provinces , i.e. units of local self-government, churches and religious communities, registered in accordance with the law governing churches and religious communities, the Red Cross of Serbia and diplomatic-consular missions of other states, on condition of reciprocity.
Article 34
Once the competent authority determines that the legalization possibility exists, it notifies the owner of the illegally constructed building to pay the legalization fee, prescribed by this Law, within a term of 15 days from the day of serving of the notification.
If the owner of the illegally constructed building fails to submit evidence of the paid fee within the term referred to in paragraph 1 of this Article, the competent authority shall issue a decision to reject the request.
An appeal may be filed against the decision referred to in paragraph 2 of this Article within a term of 15 days from the day of serving.
An appeal is not allowed against the decision referred to in paragraph 2 of this Article which is adopted by the ministry competent for civil engineering or the competent authority of the autonomous province, but a complaint may be filed to initiate an administrative dispute, within a term of 30 days from the day of serving.
Upon finality of the decision from paragraph 2 of this Article, the competent authority delivers it within three days to the construction inspection.
Upon submission of evidence that the legalization fee has been paid, the competent authority adopts a legalization decision within a term of eight days.
In addition to the data prescribed by law, the legalization decision shall contain the following:
1) Acknowledgement that the legalization of an illegally constructed building, part of the building, i.e. the illegally executed works, is carried out by that decision;
2) Company name, i.e. name and surname of the owner of the building to whom the legalization decision is rendered, with specified registered seat, i.e. address;
3) Data on the building which is the subject of legalization, containing basic data of its purpose, type, size, number of floors, net and GBA and designation of location where it is situated (cadastral plot, cadastral municipality, street and house number if defined, municipality, i.e. city);
4) Name, surname and license number of the sole trader or the name of the company, or other legal person, which has prepared the report on the current state of the building, and name, surname and license number of the responsible designer, i.e. responsible contractor;
5) Acknowledgement that the report on the current state of the building and the geodetic works study is the integral part of the legalization decision;
6) Evidence of paid legalization fee.
The decision on the legalization of a building built in the protection zone of the public purpose building contains a note that a certified statement from the owner of the legalized building has been submitted that he waives the right to initiate a court dispute on any ground in connection with the impact of that public building on the use of the legalized building.
An integral part of the legalization decision is also the inventory and the description of buildings which are being legalized along with the main building, if such exist, as well as the data on the degree of completion of the building.
In case the subject of legalization is a residential or residential and business building which consists of multiple separate physical parts (apartments, business premises, garages and other), for which the investor may not be determined, but there are filed requests for legalization of separate parts, in line with this Law, the competent authority renders a decision to legalize the residential building, which shall contain the specification of all separate parts of the building.
Prior to rendering the decision referred to in paragraph 9 of this Article, evidence of the appropriate right to the building land is submitted.
After the finality of the decision referred to in paragraph 9 of this Article, the competent authority decides upon the requests for legalization of the separate parts of the building.
In case referred to in paragraph 9 of this Article, the legalization fee is not be paid for the building, but is imposed and charged during legalization of each separate part of the building.
An appeal may be filed against the decision referred to in paragraph 9 of this Article Within a term of 15 days, but if the decision has been rendered by the competent ministry, i.e. competent authority of the autonomous province, a complaint may be filed to initiate an administrative dispute within a term of 30 days from the day of serving of the decision.
The competent authority delivers the final decision referred to in paragraph 9 of this Article within a term of three days to the competent construction inspection.
Article 35
The competent authority maintains the official records on initiated legalization procedures from its competence, as well as on issued legalization decisions, and publishes them in electronic form that is available to the public on a digital platform of the national infrastructure of geospatial data.
The competent authority in the procedure of legalization uses the records of buildings that are not registered in the cadastre of real estate for the purpose of keeping the graphic base of buildings in the process of legalization, performing supervision and payment of the realization of works, and participates in the maintenance of such records.
The records of buildings that are not registered in the cadastre of real estate are established and managed by the organ in charge of state survey and cadastre.
The content and method of keeping the records from paras. 1 and 2 of this Article are prescribed by the minister in charge of civil engineering affairs.
The competent authority is obliged to publish the list of initiated procedures of legalization and issued decisions on legalization on its official web site within eight days from the day of making the list.
V REGISTRATION OF OWNERSHIP RIGHT
Article 36
On the day of finality of the legalization decision, the conditions for the registration of the ownership right in the public book that records the real estate and rights over them, i.e. for the appropriate registration in the cadastre of ducts are fulfilled.
The competent authority ex officio provides the geodetic works study and a specimen of the final legalization decision to the authority competent for the affairs of state surveying and cadastre, within a term of three days from the date of finality of the legalization decision.
If the subject of registration of the property right is a building referred to in Article 34, paragraph 9 of this Law, the competent authority, ex officio, also submits to the organ in charge of state surveying and cadaster the owner's statement that he waives his right to initiate a lawsuit, within three days from the day of finality of the decision on legalization. The waiver statement is entered in the register of the real estate cadaster in the form of a note, with the validity period of the entry as long as the building in question exists, and is not tied to the change of ownership on the building.
The authority competent for the affairs of state surveying and cadastre renders a decision on the house number and performs the registration of the ownership right over the building, i.e. separate parts of the building.
The administrative fee stipulated by the law that governs the administrative fees is not payable for the registration of the ownership right on the basis of legalization and for giving of the house number.
The competent authority, ex officio, within three days from the day of the finality of the decision whereby the legalization of a building or part of a building is approved, submits to the authority in charge of the state surveying and cadaster the proposal for deleting the note on prohibition of conveyance for the buildings referred to in paragraph 7 of this Article.
Upon the finality of the decision on legalization, upon the request of the person who registered the ownership right on the building on the basis of the Law on Special Conditions for Registration of Ownership Right on Buildings Built without a Building Permit, the note in the property folio that the ownership was acquired on the basis of the Law on Special Conditions for Registration of Ownership Right on Buildings Built without a Building Permit is deleted.
Article 37
Demolition of an illegally constructed building, in terms of this Law, is carried out on the basis of the final decision on legalization which refuses or rejects the legalization request.
Article 38
Upon final completion of the procedure by which the illegally constructed building is legalized, the construction inspector issues a conclusion to suspend the procedure of enforcement of the decision referred to in Article 7 of this Law.
Once the decision that rejects or refuses the legalization becomes final, the conditions for demolition of an illegally constructed building, i.e. part of the building are met.
The competent authority delivers the document referred to in paragraph 2 of this Article to the construction inspection within three days from the finality of that document.
Immediately upon receipt of the document referred to in paragraph 2 of this Article, and the latest within a term of three days, the construction inspector shall render a decision on demolition of the illegally constructed building, i.e. part thereof, if such a decision has not been rendered.
In case of the building referred to in paragraph 2 of this Article, for which the demolition decision cannot be executed, the construction inspector shall acknowledge that fact in the demolition decision.
The construction inspector delivers the decision referred to in paragraph 5 of this Article to the authority competent for the affairs of state surveying and cadastre and the competent authority of the local tax administration, within a term of three days from the day of rendering of the decision.
Upon receipt of the decision referred to in paragraph 5 of this Article, the authority competent for the affairs of state surveying and cadastre inscribes an annotation of restraint on alienation.
VII CONNECTION TO INFRASTRUCTURE
Article 39
If the facility temporarily connected to the electricity network, gas network and electronic communications network or district heating network, water supply and sewage system is not legalized in accordance with this Law, the construction inspector is obliged, without delay or within three days at the latest, upon receiving the decision referred to in Article 38, paragraph 2 of this Law, to send a copy of that decision to the public enterprise, public utility company, company or sole trader who has temporarily connected the facility to its network or infrastructure.
The public enterprise, public utility company, company or sole trader, shall disconnect the building from the network, i.e. infrastructure, to which it has been temporarily connected in line with paragraph 1 of this Article, within a term of 30 days from the day of receipt of the document referred to in paragraph 1 of this Article.
Article 40
The supervision over the implementation of provisions of this Law is carried out by the ministry in charge of civil engineering.
Unless the provisions of this Law provide otherwise, the law governing the construction of buildings applies mutatis mutandis to the inspection supervision.
Article 41
A fine ranging from RSD 1,500,000 to RSD 3,000,000 shall be levied for an economic misdemeanor, against the public enterprise, public utility company, commercial company or other legal person, which, upon receipt of the document which dismisses or rejects the legalization request, fails to disconnect the building from the network or infrastructure to which it has been temporarily connected (Article 39).
A fine ranging from RSD 1,500,000 to RSD 3,000,000 shall be levied for an economic misdemeanor, against the public enterprise, public utility company, commercial company or other legal person, which connects the facility that is in the process of legalization to the network, i.e. infrastructure.
A fine ranging from RSD 100,000 to RSD 200,000 shall be levied for the economic misdemeanor referred to in paras. 1 and 2 of this Article, against the responsible person within the public enterprise, public utility company, commercial company, or other legal entity.
Article 42
A fine ranging from RSD 100,000 to RSD 1,000,000 shall be levied for an economic misdemeanor, against the commercial company or other legal person which has prepared the report on the current state of the building, if it has entered inaccurate data in the report of the current state of the building, i.e. if it has failed to present the actual state and degree of completion of the building.
A fine ranging from RSD 100,000 to RSD 200,000 shall be levied for the economic misdemeanor referred to in paragraph 1 of this Article, against a responsible person within a company or other legal person.
Article 43
A fine ranging from RSD 50,000 to RSD 150,000 shall be levied for a misdemeanor against a responsible person within the competent administration authority, if:
1) He fails to render the legalization decision within the prescribed deadline;
2) He renders the legalization decision contrary to this Law;
3) He fails to deliver to the construction inspection, within the prescribed deadline, the document that dismisses or rejects the legalization application.
Article 44
(Deleted)
Article 45
A fine up to RSD 150,000 or up to 30 days of imprisonment shall be levied for a misdemeanor against the responsible designer, responsible contractor or sole trader, if he enters inaccurate data into the report or fails to present the actual state and the degree of completion of the building.
X TRANSITIONAL AND FINAL PROVISIONS
Article 46
The procedures of legalization of buildings which have been initiated until the day of entry into force of this Law, upon requests which have been submitted by 29 January 2014, but which have not been finalized until the day of entry into force of this Law, shall be finalized according to the provisions of this Law.
The procedures initiated in line with the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit ("Official Herald of RS", Nos. 25/13 and 145/14) which have not been finalized until the day of entry into force of this Law, shall be finalized in line with the provisions of this Law.
The deadline for the preparation of inventory of the illegally constructed buildings, referred to in Article 6 of this Law, is 12 months from the day of entry into force of this Law.
The regulation referred to in Article 7, paragraph 4 of this Law shall be adopted within 15 days from the day of entry into force of this Law.
The authority competent for the affairs of state surveying and cadastre shall, within a term of 30 days from the day of entry into force of this Law, deliver to the authority competent for legalization, the request for registration of ownership right with all the case files, which has been filed by the person referred to in Article 13, paragraph 2 of the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit.
The owner of the underground ducts (installations) shall inform the construction inspection that h has an illegally built underground duct, within a term of 60 days from the day of entry into force of this Law.
The persons, who have registered the ownership right over the building on the basis of the Law on Special Requirements for the Registration of Ownership Right to the Buildings Constructed without a Building Permit, may submit a request to the authority competent for legalization, within a term of six months from the day of entry into force of this Law.
Upon finality of the legalization decision, and upon request of the person referred to in paragraph 4 of this Article, the annotation in the real estate folio stating that the ownership has been acquired on the basis of the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit, is deleted.
The persons who, during the procedure of building legalization or within the regular procedure for issuing building permit, have concluded the contracts on payment of the fee, i.e. contribution for preparation of building land, in line with the provisions of the laws applicable at that time, continue with payment until final satisfaction, in line with the provisions of the concluded contract.
For the buildings referred to in paragraph 9 of this Article, on which, during the execution of works, the issued building permit, i.e. the building approval and the confirmed main design have been derogated from, a fee is paid in the legalization procedure, in line with this Law, solely for the surface area of a part of the building which represents the difference between the approved surface area and the surface area derogated from.
During the legalization procedure, the competent authority, ex officio, obtains the issued building permit, i.e. building approval along with the confirmed main design referred to in paragraph 10 of this Article.
Article 47
On the day of entry into force of this Law, the Law on Building Legalization ("Official Herald of RS, No. 95/13), the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit ("Official Herald of RS", Nos. 25/13 and 145/14), the Rulebook on the Buildings for which a Building Permit Cannot Be Issued, Degree of Completion of the Building and the Building and Usage Permit in the Building Legalization Procedures ("Official Herald of RS", No. 106/13), as well as the Rulebook on the Requirements, Manner and Procedure for Acquiring the Ownership Right over Land and Buildings to which the Law on Special Requirements for the Registration of Ownership Right over the Buildings Constructed without a Building Permit Applies ("Official Herald of RS", No. 31/13) are repealed.
Article 48
The local self-government units shall, in line with the results of inventory of the illegally constructed buildings on their territory, harmonize the valid planning documents at the occasion of the first amendment of the subject planning document, especially in regard to the planning and organization of informal settlements on their territories, at the latest within a term of two years from the day of entry into force of this Law.
Article 49
This Law enters into force on the following day from the day of its publication in the "Official Herald of the Republic of Serbia".
Independent Articles of the Law on Amendments and Supplements to the Law on Building Legalization
("Off. Herald of RS", No. 83/2018)
Article 25
Legalization procedures that have not been completed by the day of entry into force of this Law shall be finalized according to the provisions of this Law.
The provisions of Art. 3 and 20 of this Law also apply to administrative procedures, i.e. administrative disputes that were initiated before the entry into force of this Law.
Local self-government units are obliged, in accordance with the issued decisions on legalization of facilities on their territory, within two years from the day of entry into force of this Law, to harmonize the applicable planning documents at the occasion of the first next change of that planning document, especially in terms of planning and the organization of informal settlements on its territory.
The persons who have registered the ownership right on the building on the basis of the Law on Special Conditions for Registration of Ownership Right on Buildings Constructed without a Building Permit, but do not have a previously submitted request that put the building in the process of legalization, may not submit a request for legalization.
The list of illegally constructed buildings, as well as the deadlines and all actions in relation to the same, cease to be valid upon the entry into force of this Law.
The subject of legalization are also illegally constructed buildings for which, during the establishment of the records referred to in Article 17 of this Law administered by the authority competent for state surveying and cadaster affairs, it is established that they are visible on the satellite image of the territory of the Republic of Serbia from 2015, and are not recorded in accordance with the provisions of the Law on the Legalization of Facilities ("Official Herald of the Republic of Serbia", No. 96/15).
If for the buildings where deviations from the building permit, i.e. approval for construction, and the confirmed main design, occurred during execution of works, the competent authority determines in the procedure of legalization that no certificate of notice of works and proof of regulation of mutual relations regarding the payment of compensation , i.e. contribution for the development of construction land has been issued, the procedure of legalization for the part of the building which represents a deviation from the issued building permit will be continued only after the submission of proof of fulfillment of these two previous conditions.
Article 26
If, within five years from the day of entry into force of this Law, the building that is the subject of legalization is not legalized, the competent authority shall issue a decision refusing the request.
If a building for which a legalization decision has not been adopted is used to perform an economic or other activity that requires/involves the stay or gathering of a large number of people, and especially if it is used for catering activities or is used as a catering facility, the competent authority shall issue a decision prohibiting the use of that building, if within a period of five years from the day of entry into force of this Law, the competent authority does not issue a decision on the legalization of the facility in question. The ban lasts until that building is demolished.
Article 27
Records of buildings that are not inscribed into the Real Estate Cadastre will be established by January 1, 2019, and will be available on the digital platform of the national infrastructure of geospatial data.
Article 28
The competent authority for legalization is obliged to submit, ex officio, for all facilities in the procedure of legalization, to the organ in charge of the State Surveying and Cadastre, a certificate that the facility is in the process of legalization, for the purpose of inscription of the ban on conveyance for these facilities in the form of a note, within six months from the day of entry into force of this Law.
Article 29
On the day this Law enters into force, the Rulebook on the Contents of Records on Issued Legalization Decisions ("Official Herald of RS" No. 54/16) is repealed.
Article 30
The regulations for the implementation of this Law will be adopted within 60 days from the day of entry into force of this Law.
Article 31
This Law enters into force on the eighth day from the day of its publication in the "Official Herald of the Republic of Serbia".