LAWON TRANSFORMATION OF RIGHT OF USE INTO OWNERSHIP RIGHT ON BUILDING LAND WITH COMPENSATION("Off. Herald of RS", No. 64/2015) |
Article 1
This Law regulates the right and the conditions for the transformation of the right of use into the ownership right on building land for persons, holders of the right of use on the developed and undeveloped building land, on which the Republic of Serbia, an autonomous province or a local self-government unit is registered as the title holder of the ownership right, the possibility to enter into lease of the building land, as well as other matters that regulate relations arising from the transformation of the right of use into the ownership right on the building land.
Persons, holders of the right of use on the building land referred to in paragraph 1 of this Article are:
1) Persons who were or are companies and other legal persons that have been privatized according to the laws that govern privatization, bankruptcy and enforcement proceedings, as well as their legal successors in terms of the status;
2) Persons - holders of the right of use on undeveloped building land owned by the state acquired for the purpose of building in accordance with the previously applicable laws that governed building land until 13 May 2003 or based on the decision passed by a competent body;
3) Persons whose status is determined by the law governing sport, as well as associations;
4) Socially-owned enterprises, holders of the right of use on the building land;
5) Persons subject to provisions of regulations of the Republic of Serbia and bilateral international agreements governing the implementation of Annex G of the Agreement on Matters of Succession ("Official Gazette of FRY - Treaties, No. 6/02).
The provisions of the law governing general administrative procedure shall apply to the matters of procedure not regulated by this Law.
The provisions of law governing personal data protection shall apply to the matters of personal data protection not regulated by this Law.
The rights acquired based on this Law do not limit the rights acquired in accordance with the Law on Restitution of Confiscated Property and on Compensation ("Official Herald of RS", Nos. 72/11, 108/13 and 142/14) and the Law on Returning (Restitution) of Property to Churches and Religious Communities ("Official Herald of RS", No. 46/06).
2. Right to Transform the Right of Use into the Ownership Right on Building Land
Article 2
Persons referred to in Article 1, paragraph 2 of this Law have the right to transform the right of use into the ownership right on building land (hereinafter: conversion).
The right referred to in paragraph 1 of this Article is realized with compensation, under the conditions prescribed by this Law.
The conversion compensation represents the market price of such land at the moment of submitting the conversion application, in accordance with this Law.
3. Determining the Amount of Compensation
Article 3
The amount of the compensation for conversion is determined by a body of a local self-government unit in charge of property-legal relations, in accordance with a bylaw that determines the average price per square meter of the corresponding real estate in zones when calculating the property tax, adopted by the local self-government unit in whose territory lies the building land for which the conversion application has been submitted and the procedure conducted in accordance with this Law, at the market price of the building land concerned, in accordance with the regulation governing property tax.
The compensation amount referred to in paragraph 1 of this Article may be reduced in accordance with the requirements prescribed by this Law and the regulations on state aid control.
Article 4
The right to conversion belongs to the persons referred to in Article 1 paragraph 2 of this Law that have been entered into the public records of real estate and corresponding rights as the holders of the right of use on the building land.
As an evidence of the applicant's possession of locus standi in the procedure of obtaining the right to conversion, the competent body obtains an extract from the real estate folio for the cadastral parcel for which the application has been submitted, from which it determines whether the applicant may initiate and participate in the procedure.
Should the subject of the application for conversion be a cadastral parcel of a developed building land, in addition to the evidence referred to in paragraph 2 of this Article, the competent body also obtains, ex officio, the information on the location for the cadastral parcel concerned, issued in accordance with the provisions of the Planning and Building Act ("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).
Article 5
The subject of conversion is a cadastral parcel of a developed or undeveloped building land.
The application for conversion may be submitted for one or several cadastral parcels which are located in the territory of a single unit of local self-government.
Where various facilities belonging to different owners have been built on one cadastral parcel, before the submittal of the application for conversion, the procedure for co-ownership dissolution must be conducted, as stipulated by the Article 106 of the Planning and Building Act.
If the unit of the local self-government is constituted of city municipalities, the application for conversion is submitted to the body designated as the competent body for property-legal relations in accordance with the Statute.
6. Special Cases in which the Right to Conversion cannot be exercised i.e. when the Provisions of this Law are not applicable
Article 6
The subject of conversion cannot be the building land which has been under a separate law designated as the land which cannot be expropriated from the public ownership, i.e. the land on which, in accordance with the planning document, the construction of facilities i.e. public surfaces referred to in Article 2, item 6) of the Planning and Construction Law, has been provisioned, as well as the construction of publicly owned facilities for public use on the basis of special laws (line infrastructural facilities, facilities for the needs of state authorities, authorities of territorial autonomy and local self-government, etc.).
The provisions of this Law apply neither to the property purchased in the process of public announcement, under market conditions, which includes the ownership right on the facility with the belonging right of use on the developed building land in accordance with a separate law, before the conclusion of the contract on the purchase of property, i.e. part of the property of a company or another legal person in accordance with the provisions of the law governing privatization, until the day of the entry into force of the Planning and Building Act ("Official Herald of RS", No. 72/09), nor to the property that has been acquired from the subject of privatization by means of a commercial legal transaction upon the finalized process of privatization, until the day of entry into force of the Planning and Building Act ("Official Herald of RS", No. 72/09), which includes the ownership right on the facilities and the right of use on the building land.
The provisions of the Planning and Building Act in the part relating to the conversion of the right of use into the ownership right on the building land without compensation apply in the case referred to in paragraph 2 of this Article.
7. Right to Reduction of Market Value of Building land
Article 7
The right to reduction of the market value of undeveloped building land belongs to persons referred to in Article 1, paragraph 2 of this Law, should the building land be located on the territory of a local self-government unit for which it has been determined that it is an insufficiently developed local self-government unit, i.e. a local self-government unit with extremely low standard of living or high unemployment rate, based on the degree of development of local self-government units for the previous year, in accordance with the regulations governing regional development.
The reduction referred to in paragraph 1 of this Article does not relate to the market value of the building land for which a request for restitution of property has been submitted, in accordance with the regulations governing the restitution of confiscated property.
The percentage of reduction of the market value referred to in paragraph 1 of this Article, for insufficiently developed units of local self-government, is determined by the Government, in accordance with the regulations on state aid control, within 30 days from the day of entry into force of this Law.
The amount of compensation for the conversion is also reduced should the person referred to in Article 1, paragraph 2 of this Law submits a report of an expert witness whose profession is construction, who is listed on the list of authorized court expert witnesses, that establishes that such a person incurred expenses when obtaining the right of use on the cadastral parcel for which the application for conversion has been submitted (expenses in relation to expropriation, administrative transfer, remediation, revitalization, and other actual expenses).
Article 8
The right to reduction of the market value of building land belongs to the persons referred to in Article 1, paragraph 2 of this Law, regardless of where the real estate is located, when the conversion application involving a cadastral parcel of developed building land has been submitted, under the conditions prescribed by this Law.
In case referred to in paragraph 1 of this Article, the amount of compensation is determined by reducing the established market value of the cadastral parcel by the amount of the market value of the land intended for regular use of the facility.
In the process of conversion of a cadastral parcel of developed building land, the area of land for regular use of a facility is determined by dividing the total area of the land under the facilities built on that cadastral parcel, determined on the basis of data from the real estate folio transcript, by the maximum area permitted by the occupancy index on that cadastral parcel, determined by the applicable planning document, based on the issued location information, and by multiplying the resulting quotient with the total area of the cadastral parcel.
The land area under the facilities is calculated as the area under all facilities that have been built on the cadastral parcel, in accordance with the law (buildings, auxiliary facilities, garages, silos, reservoirs, internal roads, etc.).
If the facilities that are not the subject to the registration with the public records of real estate and corresponding rights (internal road, etc.) have been built on the cadastral parcel, the land under such facilities is also considered to be the land for regular use in terms of paragraph 3 of this Article, while the area of land under the facility is determined by an expert witness from the list of permanent court experts witnesses whose profession is land surveying.
The findings and the opinion of the expert witness is provided by the applicant and submitted together with the application for conversion.
Article 9
Where the subject of the conversion are building land cadastral parcels belonging to a complex (industrial, residential), the amount of compensation is determined by reducing the established market value of the cadastral parcel by the amount of market value of the building land which has been set under a valid planning document as a land for construction of facilities for public use or public surfaces referred to in Article 6 of this Law.
Upon request of a party in the proceedings, a body of the local self-government unit in charge of spatial planning and urban planning affairs determines which land is set in a valid planning document as the complex of building land intended for construction of facilities for public use or public surfaces referred to in Article 6 of this Law.
When determining a complex, the body referred to in paragraph 2 of this Article states all cadastral parcels belonging to the complex, cadastral parcels that have by a valid planning document been designated as the land for construction of facilities for public use or public surfaces, as well as their area.
Determining the complex referred to in paragraph 2 of this Article is an initial issue for deliberation in the procedure of conversion, in accordance with this Law.
8. Procedure for Conversion of the Right of use into the Right of Ownership
Article 10
Procedure for conversion is initiated upon request of the person referred to in Article 1, paragraph 2 of this Law.
Evidence stipulated by Article 4, paragraph 2 of this Law are submitted in addition to the request referred to in paragraph 1 of this Article, as well as the evidence stipulated by Articles 8 and 9 of this Law, if the land in question is developed building land, i.e. a complex.
A body in charge of property-legal relations on whose territory the building land is located which is the subject of the application for conversion (hereinafter: competent body) acts upon the application for conversion.
Article 11
Upon receiving the application for conversion, the competent body checks whether all prescribed evidence have been submitted with the application and obtains ex officio from the Agency for Restitution a certificate that the parcel which is the subject of the application for conversion is not in the process of restitution.
Where the subject of the application for conversion is the cadastral parcel referred to in Article 8 of this Law, the competent body establishes which land is needed for the regular use of the facility, in accordance with this Law.
Where the subject of the application for conversion is the cadastral parcel referred to in Article 9 of this Law, prior to submitting the application for conversion It must be determined which building land has been set by a valid planning document as the land for construction of facilities for public use or public surfaces referred to in Article 6 of this Law.
Where the subject of the application for conversion is a cadastral parcel on which various facilities belonging to different owners have been built, before the submittal of the application for conversion the procedure for co-ownership dissolution must be undertaken, in accordance with the Article 106 of the Planning and Building Act.
Should the competent body determine that the prescribed evidence has not been delivered alongside the application, it shall instruct the application to be supplemented within five days from the day of application submittal.
Should the competent body determine that the parcel is the subject of the application in the process of restitution, it is obliged to pass a conclusion, without delay, to suspend the proceedings until the process of confiscated property restitution is closed with a final decision.
The time limit for submitting the evidence is ten days from the day of proper service to the applicant.
In case that the applicant fails to submit all the requested evidence in the prescribed time limit, the competent body shall reject the application by passing a conclusion.
A separate appeal may be filed against the conclusion referred to in paragraph 8 of this Article, within eight days from the day of receipt of the conclusion.
The ministry in charge of civil engineering acts on the appeal against the conclusion referred to in paragraph 8 of this Article.
Article 12
Should the competent body determine that the prescribed evidence has been submitted with the application, it establishes whether there are conditions for the reduction of the market value prescribed by this Law, and without delay, and no later than within three days, it obtains ex officio, from the competent local unit of tax administration, a bylaw that stipulates the market value of the building land in question, in accordance with Article 3, paragraph 1 of this Law.
The time limit for the submittal of the bylaw referred to in paragraph 1 of this Article is five days.
Upon receiving the bylaw referred to in paragraph 1 of this Article, the competent body notifies the applicant on the amount of the compensation within three days and instructs the applicant to decide on the method of payment.
If the conditions for the reduction of the market value have been met, the amount of the compensation is determined by deducting the amount of the reduction from the determined market value of the building land.
Where the competent body determines that there are conditions for the reduction of the market value, it performs the calculation and depending on the determined amount of compensation for conversion, submits an application to the Commission for State Aid Control.
Before submitting the application referred to in paragraph 5 of this Article, the competent body obtains from the applicant a declaration stating that on the building land in question a facility shall be built in accordance with the applicable planning document, the purpose and the area of the future facility, how many new employees shall work at that facility upon its completion, as well as other facts pertinent to the adoption of the decision on the permissibility of state aid.
The time limit for the decision referred to in paragraph 3 of this Article is 15 days from the day of delivery of the notification from the competent body concerning the amount of the compensation.
Upon receipt of the bylaw referred to in paragraph 1 of this Article the competent body, within three days, submits the application for state aid to the Commission for State Aid Control, in accordance with the law governing state aid control.
In addition to the notification referred to in paragraph 3 of this Article, the bylaw of the local unit of tax administration is submitted as well.
The applicant has the right to file an objection to the bylaw of the local unit of tax administration within 15 days from the day of serving.
A municipal, i.e. city council of a local self-government unit, on whose territory the building land is located that is the subject of conversion with compensation decides on the objection.
Should the applicant fail to decide on the method of payment within the given time limit, it is considered that the payment shall be made in a lump sum, and the competent body is obliged to inform the applicant thereof when giving a time limit for decision.
9. Method of Payment of Compensation for Conversion of Right of Use into Ownership Right
Article 13
The compensation may be paid in a single amount or in 60 equal monthly installments.
Should the compensation be paid in a single amount, the applicant is entitled to a reduction in the amount of 30% of the determined amount of the compensation.
Should the compensation be paid in equal monthly installments, an appropriate security instrument is delivered as well.
As appropriate security instrument, the person referred to in Article 1, paragraph 2 of this Law may submit one of the following security instruments:
1. Irrevocable bank guarantee, with a duration of at least one year made out for the total amount of undue installments at the moment of issuance of bank guarantee, providing the right of the guarantee user to realize it in total amount if at least 30 days before the expiry of the guarantee the principal (person referred to in Article 1, paragraph 2 of this Law) fails to provide a new bank guarantee. In the final year of payment of monthly installments, the bank guarantee must be issued for a period which must be longer for three months than the due date of the last installment;
2. Mortgage on the facility that is worth at least 30% more than the total amount of the undue installments to the benefit of the Republic of Serbia, autonomous province or the unit of local self-government;
3. Non-possessory pledge on movable property, in accordance with the regulation governing lien on movable property entered in the register.
Person referred to in Article 1, paragraph 2 of this Law may submit one or several security instruments, so that by their cumulation the amount of all undue installments is secured.
10. Content of the Decision on Conversion
Article 14
Upon receiving the decision referred to in Article 12, paragraph 3 of this Law, the competent body after complete proceedings, passes a decree within eight days determining the right to conversion of the right of use into the ownership right on the cadastral parcel that is the subject of application.
The decree referred to in paragraph 1 contains the data on the applicant and the cadastral parcel, i.e. cadastral parcels on which the conversion is authorized, as well as the compensation amount, the method of payment and security instrument, should the payment be made in equal monthly instalments.
Where the market value is reduced in accordance with this Law, the wording of the order in the decree must contain the basis and the manner of reduction of the compensation amount, as well as the method of payment.
The decree referred to in paragraph 1 also contains the statement that upon its finality, such decree is the basis for the registration of the ownership right in the public records of real estate and corresponding rights.
11. Right to Appeal the Decree on Conversion of Right of Use into Ownership Right
Article 15
An appeal may be lodged against the decree referred to in Article 14 of this Law within 15 days from the day the decree has been served.
The ministry in charge of finance affairs decides on the appeal against the decree referred to in Article 14 of this Law within 30 days.
12. Compensation Beneficiaries
Article 16
The compensation amount determined by the decree referred to in Article 14 of this Law is payable as follows: 50% in favor of the Budgetary Fund for Restitution (hereinafter: the Fund) and 50% in favor of the Republic of Serbia, autonomous province or unit of local self-government, depending on the holder of the ownership right on the building land.
In case where the holder of the ownership right on the building land is the Republic of Serbia or autonomous province, 10% of the compensation amount determined by the decree referred to in Article 14 of this Law belongs to the unit of the local self-government on whose territory the cadastral parcel which is the subject of the application for conversion is located.
Further conditions, payment method and provision of security, are regulated by the manager of the Fund and on behalf of the Republic of Serbia the ministry in charge of finances, competent body of the autonomous province, i.e. the competent body of the local self-government unit.
Provisions of this Law governing security instruments are applied to security of payment.
13. Registering Ownership Right in Public Records of Real Estate and Corresponding Rights
Article 17
Upon the finality of the decree referred to in Article 14 of this Law the conditions for the registration of the ownership right on the cadastral parcel of the building land are met.
The final decree referred to in Article 14 of this Law and evidence that the compensation has been paid or if the payment is made through instalments, the certificate of the competent body that the first installment has been paid, are submitted together with the application for the registration.
The competent body in charge of state survey and cadaster conducts the registration of the ownership right within seven days from the day of submittal of the application for the registration of the ownership right.
Should the case be that a registration involves the ownership right on the developed land, the body referred to in paragraph 3 of this Article shall, ex officio, register the encumbrance existing on the facility and the building land that is the subject of conversion, according to the order of the registration of the rights.
14. Right to Lease Building Land
Article 18
Persons referred to in Article 1, paragraph 2 of this Law may, until they obtain and register the ownership right on the building land in accordance with this Law, conclude with the owner of the building land a contract on lease of the building land - individual cadastral parcels.
Where the Republic of Serbia is registered as the owner of the building land, the contract referred to in paragraph 1 of this Article is on behalf of the Republic of Serbia concluded by the Republic Directorate for Property of the Republic of Serbia, i.e. a competent body of the autonomous province, i.e. local self-government unit, where the autonomous province, i.e. a local self-government unit is registered as the owner of the building land.
The contract referred to in paragraph 1 of this Article is concluded for the period of 99 years with compensation.
The amount of the lease payment is determined by dividing the market value of the real estate by 99 years, and the determined amount represents the annual amount of the lease payment.
The application for the conclusion of the lease contract is submitted to the body referred to in paragraph 2 of this Article, and such body is obliged to conclude the lease contract within 15 days, provided that all the conditions prescribed by this Law are fulfilled.
The lease contract must also contain a payment security instrument, i.e. a security instrument which secures the performance of contractual obligations, as well as the manner of harmonization of the amount of the lease payment with the Serbia Consumer Price Index in the Republic of Serbia, according to the published data of a body in charge of statistics.
One of the security instruments referred to in Article 13, paragraph 4 of this Law is submitted as the security instrument.
The lease agreement, concluded in accordance with the provisions of this Law, represents an adequate right on the land, in terms of the provisions of Article 135 of the Planning and Building Act.
Upon the registration of the ownership right on the facility built on the building land which is used under the lease contract concluded in accordance with this Law, the conversion can be carried out at lessee's request in accordance with the provisions of Article 8 of this Law.
As of the day of finality of the decree on conversion, the lease contract referred to in paragraph 1 of this Article ceases to valid. The competent body is obliged to return all received security instruments, i.e. to submit all the documentation for execution of deletion of all forms of liens on movable and immovable property established as security for lease payment. The applicant is obliged to submit a new security instrument in accordance with Article 13 of this Law as security for payment of conversion compensation.
The provisions of the Planning and Building Law governing the lease of the building land apply to the lease referred to in paragraph 1 of this Article, unless otherwise prescribed by this Law.
Article 19
Supervision over the implementation of the provisions of this Law and regulations adopted under this Law is performed by the ministry in charge of civil engineering.
15. Transitional and Final Provisions
Article 20
Deliberation on conversion applications that were submitted up to the day of entry into force of this Law shall be discontinued, and the applicants shall be directed to file an application in accordance with the provisions of this Law.
Persons referred to in Article 1, paragraph 2 of this Law who until the day of entry into force of this Law have submitted an applications for the issuance of a building permit in accordance with the provisions of Article 135, paragraph 3 of the Planning and Building Act are entitled to conversion, upon the registration of the right ownership on the facility, in accordance with Article 8 of this Law.
Up to the expiry of 12 months from the day of entry into force of this Law, the right of use shall be deemed as an appropriate right on the land for the purpose of obtaining building permits, in terms of the Planning and Building Act.
Article 21
The competent bodies are obligated to keep records of state aid control, in accordance with the regulations on state aid control.
The competent bodies are obligated to submit data referred to in paragraph 1 of this Article to the ministry in charge of civil engineering.
The ministry in charge of civil engineering is obligated to maintain the Central Register of Approved State Aid.
Article 22
Ordinance on the Conditions, Criteria and the Manner of Exercising the Right to Conversion of the Right of Use into the Right of Ownership with a Compensation, as well as on the Manner of Determining the Market Value of Construction Land and the Amount of Compensation due to Conversion of the Right of Use into the Right of Ownership with a Compensation ("Official Herald of RS", Nos. 67/11, 20/12 and 109/13 - CC) are repealed as of the day of entry into force of this Law.
Article 23
This Law enters into force on the eighth day following the day of its publication in the "Official Herald of the Republic of Serbia".