Amendments to the Law on Planning and Construction have been adopted

On 25 April 2019, the National Assembly of the Republic of the Serbia adopted Bill amending and modifying the Law on Planning and Construction (“the Law”), published in the Official Gazette No. 31/2019 dated 29 April, 2019, effective the day after publishing in the Official Gazette on 30. April 2019.

Many of the changes concern the terminological harmonization of the Law itself, as well as précising content of certain provisions of the Law. One of the changes of the Law is the possibility for investor to give a statement that before the issuance of the usage permit they will settle property-legal relations on the real estate, on the basis of the statement a building permit for the project is obtained. This change allowed the building permit to be issued for a project involving several different cadastral lots, with different status of property rights relations, and that only before obtaining a usage permit all different lots to be joined into one. It is also specified what is considered to be a proof needed for the issuance of the building permit. The amendment of the Law also specifies the content of the building permit. The novelty is that a building permit issued for the works on the part of the building is valid until the registration of works on all parts of the building. The provisions regarding the members of the Engineering Chamber of Serbia have been amended, which has expended the circle of persons who can be members of the Supervisory Board of the Chamber.  The amended provisions also specify the organization of the Management Board of the Chamber. The Law stipulates that by-laws for the implementation of the Law will be passed within 60 days from the date of entry into force of this Law. Until the new bylaws are adopted, the provisions of the existing bylaws will apply, unless they are contrary to the provisions of this Law.

Amendments to the Law were made because, much time has been taken away from resolving property-legal resolutions before the issuance of the building permit, which caused frequent delays in realization of projects, in the current practice of implementing projects for the construction of transport infrastructure and the implementation of infrastructure projects of special importance in the field of civil engineering. The amendments to the Law were necessary Since the Ministry of Construction, Transport and Infrastructure has planned for the period of 2020 to 2021 to begin with realizations of projects from the new investment cycle, which refer to the line infrastructure facilities, in order to expedite the construction of these projects and to speed up the obtaining of building permit. The purpose of the Law is to enable Investor to provide the issuance of a building permit for the entire project, and that for the lots for the process of the expropriation has not been completed, the expropriation procedure will take place in parallel with the completion of the works on projects, without violating the rights of the owners of real estate that are the subject of expropriation.