Last Friday, Attorney Nikola Lončar appeared on TV Prva to comment on the official statement issued by the Secretariat for Inspection, Supervision and Communication concerning the building located at 18–20 George Washington Street in Belgrade, from which parts of the façade fell onto a public area.

The case has raised important legal questions regarding building owner responsibility in Serbia, the scope of construction inspection powers, and potential criminal liability for endangering public safety.

🎥 The full TV appearance is available below.

Regulatory Framework: What Serbian Law Requires

As Attorney Lončar explained, the Secretariat’s statement aligns with the existing legal framework.

Under the Serbian Law on Planning and Construction and the Law on Housing and Maintenance of Residential Buildings, property owners are legally obliged to maintain both private and common parts of a building in a manner that eliminates any risk to third parties.

Where a building poses a danger to life or public safety:

• The construction inspection authority may order urgent remedial measures.

• The inspector may prohibit the use of the building, or part thereof.

• However, the inspection authority does not perform repair works itself.

The statutory obligation to eliminate the risk lies exclusively with the owner.

“Public safety has absolute priority. This is not a matter of discretion or goodwill — it is a strict legal obligation,” Lončar emphasized.

Administrative Measures vs. Criminal Liability

A key element in the present case is that the owner had reportedly been previously warned about the hazardous condition of the façade.

In Serbian law, once an owner becomes aware of a risk and fails to undertake all necessary and adequate measures, legal exposure intensifies.

What begins as an administrative compliance matter may escalate into criminal liability if:

• The risk is real and foreseeable;

• Adequate remediation is not undertaken;

• The hazard affects public space and pedestrian safety.

As a result, a criminal complaint was filed against the investor for the criminal offense of endangering public safety.

“When there is a concrete and foreseeable risk to pedestrians, the matter is no longer purely administrative. It enters the sphere of criminal responsibility,” Lončar stated.

Scope of Inspection Authority in Serbia

Attorney Lončar further clarified the limits and powers of construction inspection authorities in Serbia.

The Secretariat:

• Acted within its statutory authority;

• Ordered remedial measures;

• Issued warnings to the owner.

Under Serbian law, the state does not assume primary responsibility for private property maintenance. The legal burden rests with the property owner.

Inspection authorities may supervise, order measures, and prohibit use — but the duty to execute structural repairs remains with the owner.

Comparative Perspective: European Approaches to Façade Safety

Lončar also referred to comparative European practice, highlighting stricter preventive mechanisms in some jurisdictions.

Vienna

In Vienna, periodic façade inspections are mandatory. Similar to vehicle technical inspections, property owners must periodically demonstrate that their buildings do not pose a safety risk.

Germany

In certain German municipalities, if an owner fails to comply with ordered safety measures, the city may urgently perform the required works to protect public safety and subsequently recover the costs through compulsory enforcement mechanisms.

“This model prioritizes citizen safety while preserving the owner’s financial responsibility,” Lončar concluded.

Legal Implications for Property Owners in Serbia

The case underscores a fundamental principle of Serbian property law:

Ownership entails responsibility.

Where a building presents a risk to life or safety, the owner must act immediately and comprehensively to eliminate that risk.

Failure to do so may result not only in administrative sanctions but also in criminal prosecution.

In practice, this case serves as a reminder that public safety liability in Serbia is taken seriously — particularly when prior warnings have been issued and risks remain unaddressed.

🎥 Watch Attorney Nikola Lončar’s full TV appearance on TV Prva below.