Аdoption of Law on Modification and Amendments of the Law on Planning and Construction

ACES continued cooperation on the Law on planning and construction with complementary organizations with which it shares similar goals (USAID, NALED, AmCham, SAM). After finalization of the study on the necessary revision of the Law, the members of ACES Working Group continued advocacy for the improvement of law through the USAID working group, who coordinated the whole process on behalf of the respective Ministry. Especially commitment to improving the ACES Act, has a member of the Board Dragan Čukić. National Assembly of the Republic of Serbia adopted the amendments to the Law on planning and construction on December 08, 2014. National Assembly of the Republic of Serbia closed its autumn session by adoption of Law on Modifications and Amendments of the Law on Planning and Construction and Law on Modifications and Amendments of the Special Conditions for the Inscription of the Right to Property on Facilities Constructed without the Construction Permit. Laws were published in the Official Gazette of the Republic of Serbia no.145/2014 from 29 December 2014 and entered into force on 30 December 2014.

 

Key modifications of the Law on Planning and Construction

Modifications of the legal framework were aimed to achieve simplification and shortening of administrative procedures for obtaining the necessary permits.

Important novelties of the Law

·         single procedure for obtaining all the necessary permits, so that they can be obtained at one desk within 28 days;

·         issuance of the construction permit within five days;

·         competent body ex officio undertakes to obtain the documentation and certificates for the issuance of permits;

·         a new person – financier – was introduced, in order to finance or co-finance the construction works on the basis of certified agreement with the contractor;

·         criteria and maximum amount of contributions for maintenance of city construction land which are being collected by local self-governments proscribed;

·         possibility of construction on the land on the basis of the right to use that land acquired during the privatization process;

·         implementation of the most provisions related to the single procedure for obtaining the permits begins on 1 March 2015;

·         conversion of the right of use into right to property shall be regulated by the specific law.

 

Law on Modifications and Amendments of the Special Conditions for the Inscription of the Right to Property on Facilities Constructed without the Construction Permit

An important amendment of this law regulates the situation when a procedure for the inscription of the right to property on a facility constructed without the construction permit when a decision on demolition of the facility was enacted. The law provides that such a facility shall not be demolished until the procedure for the inscription of the property right on that facility is finalized.

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