The Montenegrin Ministry of Physical Planning, Urbanism and the State Property of Montenegro communicated the Law on Legalization of illegal facilities, which responds to the decadesial challenge of illegal construction, combining economic, social, legal and spatial aspects into a unique normative framework.
“Economic aspect, which enables the initiation of investment activities through the legalization of local governments and the activation of the real estate market and provides the opportunity to resolve a long, transparent and fair legalization procedure, with precise competencies, deadlines and Control mechanisms, as well as the spatial-development aspect – supports the planning development of the settlement, protects space and the environment, establishing a balance between public and private interest “, the investor reports from the Ministry.
According to the new law, legalization of illegal facilities in Montenegro will be possible only under clearly defined conditions, with the introduction of additional financial and technical requirements, as well as social measures for the most vulnerable categories of the population.
An illegal facility can be legalized if visible on the Orto Photo of the Territories, which is available to the public via the website of the Ministry of Spatial Planning and Cadastre. In addition, the facility must be enrolled in the real estate cadastre, have resolved property legal relations, and must have access from the city road or public road.
Legalization is not possible if the facility is built on the surfaces planned to infrastructure from general interest, if it exceeds the boundaries of the ownership parcel (in space without a planning document), or is a temporary nature and built of materials that do not provide stability, functionality and safety.
About whether the facility meets the technical conditions decides the competent local government body based on the prescribed criteria.
