01 Law On Planning and Construction

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THE LAWON PLANNING AND CONSTRUCTION

("Official Gazette of the RS", No. 72/2009, 81/2009 - corrigendum, 64/2010 - US decision, 24/2011, 121/2012,
US decision, 132/2014, 145/2014, 83/2018, 31/2019, 37/2019 - other law, 9

 
AND BASIC PROVISIONS
1. Subject of editing

Article 1
This law regulates: conditions and manner of arranging space, arranging and using construction land
and construction of facilities; supervising the application of the provisions of this Law and inspection
supervision; other issues of importance for landscaping, landscaping and use of construction land and
for the construction of facilities.

The provisions of this law do not apply to the planning and arrangement of space, ie construction and
removal of facilities that are considered military complexes or military facilities in terms of the law
governing defense, as well as the construction of facilities that are considered mining in terms of the law
governing mining. facilities, plants and devices.

2. Terms

Article 2
Certain terms used in this law have the following meanings:

touch 1) -3) (deleted)

4) purpose of the land is the manner of land use determined by the planning document;

5) predominant purpose of land is the way of using land for several different purposes, one of which is
predominant;

6) public area is a space determined by a planning document for the arrangement or construction of
public facilities or public areas for which the determination of public interest is envisaged in accordance
with a special law (streets, squares, parks, etc.);

7) coverage of the plan is a spatially or administratively determined unit for which the development of a
spatial or urban plan is envisaged in accordance with the law;

8) urban renewal is a set of planning, construction and other measures by which the constructed part of
the city or urban settlement is renewed, arranged or reconstructed;

9) regulation line is a line that separates the area of a certain public purpose from the areas provided for
other public and other purposes;

10) construction line is a line on, above and below the surface of the earth and water up to which the
construction of the basic dimensions of the building is allowed;
11) nomenclature of statistical territorial units is a set of terms, names and symbols describing groups of
territorial units with levels of grouping and containing criteria according to which grouping was
performed, and adopted by the Government, at the proposal of the republican body responsible for
statistics;

12) gross developed construction area is the sum of the areas of all above-ground floors of the building,
measured at the floor level of all parts of the building - external dimensions of the perimeter walls (with
cladding, parapets and fences);

13) parcel occupancy index is the ratio of the dimensions of the horizontal projection of the constructed
or planned facility and the total area of the construction plot, expressed as a percentage;

14) parcel construction index is the ratio (quotient) of the gross developed construction area of the
constructed or planned facility and the total area of the construction plot;

15) ESPON is a European network of institutions dealing with the collection of information and indicators
for spatial planning;

15a) The Inspire Directive is a document setting out the basic rules aimed at establishing the Spatial
Information Infrastructure in the European Union, and in Serbia it is implemented through the National
Geospatial Data Infrastructure;

16) inhabited place is a built, functionally unified space where the conditions for living and working of
people and meeting the common needs of the inhabitants are provided;

17) city is a settlement that is determined as a city by law;

18) village is a settlement whose population is predominantly engaged in agriculture, and which is not
the seat of the municipality;

19) construction area is an arranged and built part of a populated place, as well as an undeveloped part
of the area determined by a planning document for protection, arrangement or construction of a facility;

20) construction plot is a part of construction land, with access to public traffic area, which is built or
planned for construction, which is defined by the coordinates of breaking points in the state projection;

20a) building complex represents a whole consisting of several interconnected independent functional


units, ie cadastral parcels, which may have different purposes;

20b) residential complex is a spatial unit consisting of several connected independent functional units, ie
cadastral parcels, which have a predominant residential purpose (family or multi-family housing), and
within which green and vacant areas are formed, on land for other purposes;

20c) apartment blockis a rounded spatial unit in the construction area of the settlement, regular
geometric shape with a predominant residential purpose (usually multi-family housing), bordered by
public traffic areas, and within the block are formed internal roads, pedestrian paths, free and green
areas in public use . According to the method of construction, apartment blocks can be built on the edge
and freely, ie open, semi-open and closed. The open apartment block consists of free-standing multi-
family housing facilities on land that is in public use. The semi-open apartment block consists of
buildings built in a broken row. The closed apartment block consists of buildings built in a continuous
series on all sides of the block. Condominium is a special type and form of organization in a closed
apartment block, with common contents in the buildings and on the construction land (park, playground
for children, etc.), which are in the joint ownership of all owners of special parts in the buildings built in
that complex. The right to register common property on construction land around the facility is acquired
after the construction of all facilities in the complex, ie after obtaining use permits for all facilities in the
condominium;

20d) economic-industrial complex is a whole consisting of several interconnected independent


functional units, ie cadastral parcels, which may have different purposes in the function of production,
non-production or other economic activities, ie energy production. Competence for issuing construction
deeds in the economic-industrial complex is determined individually for each facility within the complex;

21) investor is a person for whose needs the facility is being built and in whose name the construction
permit reads;

22) facility is a building connected to the ground, made of purposefully connected construction products,
ie construction works, which represents a physical, functional, technical-technological or biotechnical
unit (buildings and engineering facilities, etc.), which may be underground or above ground;

22a) public facilities are facilities intended for public use and may be public facilities in public ownership
on the basis of special laws (line infrastructure facilities, facilities for state bodies, bodies of territorial
autonomy and local self-government, etc.) and other public facilities that they can be in all forms of
ownership (hospitals, health centers, old people's homes, educational facilities, open and closed sports
and recreational facilities, cultural facilities, traffic terminals, post offices and other facilities);

22b) class in the sense of this law represents a group of construction objects, ie works, classified
according to common characteristics in terms of structural and technological complexity, environmental
impact and purposes, ie risks that accompany their performance or use;

23) building is a building with a roof and external walls, built as an independent use unit that provides
protection from weather and external influences, and is intended for housing, performing an activity or
for housing and keeping animals, goods, equipment for various production and service activities
etc. Buildings are also considered to be buildings that have a roof, but do not have (all) walls (eg
canopies), as well as buildings that are mostly or completely located below the ground (shelters,
underground garages, etc.);

23a) engineering facilities are all other facilities that are not buildings: railways, roads, bridges, airport
tracks, pipelines, communication and power lines, etc .;

24) auxiliary facility is a facility that is in the function of the main facility, and is built on the same plot on
which the main residential, business or public facility was built or can be built (garages, pantries, septic
tanks, wells, water tanks, etc. .);

24a) economic facilities are facilities for animal husbandry (stables for horse breeding, stables for cattle
breeding, facilities for breeding poultry, goats, sheep and pigs, as well as facilities for breeding pigeons,
rabbits, ornamental poultry and birds); accompanying facilities for raising domestic animals (livestock
outlets, concrete runways for solid manure disposal, facilities for storage of manure); fodder storage
facilities (tents, concentrated fodder storage warehouses, concreted silo pits and silo trenches),
agricultural product storage facilities (barns, baskets), fishponds, limestone, charcoal and other similar
facilities on the farm and vehicles, smokehouses, dryers, etc.);

24b) ski slope is a regulated and marked area of a public ski resort as a regulated public area which is
determined on the basis of the law which regulates public ski resorts. Construction land is not
determined for the ski slope, and it can be on all types of land (construction, agricultural and forest), but
the rules and regulations for ground floor arrangement are applied for the arrangement of the ski slope,
with obligatory anti-erosion protection and can be in all forms of ownership. ;

24c) ski lift is a cable car that pulls people with appropriate equipment on the ground with a rope;

24d) ski slope is a specific traction installation with specific technical and technological
characteristics. Specific traction installations are: conveyor belt, zip line and bob on rails or other related
equipment used for winter and / or summer activities and transporting passengers in a standing position
or by rope;

24d) equipment are individual devices, machines, process installations and other products of which the
plant consists, which can be independently installed in the facility for the purpose of technological or
other process for which the facility is intended;

24d) basic requirements for facilities are requirements that the facility must meet during the
economically acceptable service life, determined by special regulations;

25) (deleted)

26) line infrastructure facility is a public road, public railway infrastructure, metro, air traffic infrastructure
(runway, taxiway, platform, etc., as well as facilities in their function), operational shore in the port area,
power line, oil pipeline , product pipeline, gas pipeline, derivation pipeline, high-altitude transport facility,
line infrastructure of electronic communications, water supply and sewerage infrastructure, etc. which
may be above ground or underground, the construction of which is provided for in the relevant planning
document, as well as facilities in their function;

26a) tunnels (road, railway or special purpose) are a special type of underground infrastructure facilities,
the construction of which does not impair the use of land on the surface of the existing purpose, with
possible technical limitations defined by the planning document;

26b) underground parts of infrastructure and irrigation systems are a special type of underground


infrastructure facilities that are built for agricultural purposes, and whose construction on agricultural and
forest land, as well as on construction land used for agricultural purposes, does not impair land use the
terrain of the existing purpose and the issuance of location conditions for the construction of these
facilities cannot be conditioned by the existence, ie sufficient development of planning documentation for
the area where the plots on which the construction is planned are located;

27) communal infrastructure are all infrastructure facilities for which the decision to perform works, ie
construction permit is issued by a local self-government unit, as well as public facilities in public
ownership of a local self-government unit, autonomous province and the Republic of Serbia. and the
Republic of Serbia designated as objects of special importance;
27c) landslide is a type of soil erosion that takes place under the influence of natural and seismological
conditions, where part of the rock or loose mass separates from the substrate and slides uncontrollably
on the sliding surface;

28) preparatory works  are works that precede the construction of the facility and relate in particular to:
demolition of existing facilities on the plot, relocation of existing infrastructure on the plot, clearing the
terrain on the plot, removal of used construction materials (rubble) to the landfill, products and
equipment, construction and installation of facilities, installation and equipment of a temporary nature for
the needs of works (installation of construction site fences, containers, etc.), earthworks, works to
ensure the safety of neighboring facilities, and safety and stability of the terrain, piles, diaphragms,
retaining walls, etc.), ensuring the smooth flow of traffic and the use of the surrounding space;

29) technical documentation is a set of projects that are made for the purpose of: determining the
concept of the facility, elaboration of conditions, manner of construction of the facility and for the needs
of maintenance of the facility;

30) construction of a facility is a set of activities that includes: preliminary works, preparation and control
of technical documentation, preparatory works for construction, construction of the facility and
professional supervision during the construction of the facility;

31) construction  is the performance of construction and construction-craft works, installation of


construction products, plants and equipment;

32) reconstruction  is the performance of construction and other works on an existing facility in the size
and volume of the facility, which affects the fulfillment of basic requirements for the facility, changes the
technological process; changes the external appearance of the building or increases the number of
functional units, replaces devices, plants, equipment and installations with increasing capacity;

32a) reconstruction of line infrastructure facility is execution of construction works in the protection zone,
in accordance with a special law, which may change the size, volume, position or equipment of the
existing facility, as well as execution of works involving large-scale works, replacement of elements on
existing line facilities , which do not change its overall functioning;

33) extension is the performance of construction and other works that build a new space outside the
existing dimensions of the building, as well as the overbuilding of the building, and with it forms a
construction, functional or technical whole;

34) adaptation is the performance of construction and other works on an existing facility, which: changes
the organization of space in the facility, replaces devices, plants, equipment and installations of the
same capacity, and which do not affect the stability and safety of the facility, do not change structural
elements , does not change the external appearance and does not affect the safety of neighboring
buildings, traffic, fire protection and the environment;

35) rehabilitation is the performance of construction and other works on an existing facility that repairs
devices, plants and equipment, ie replacement of structural elements of the facility, which do not change
the external appearance, does not affect the safety of neighboring facilities, traffic and environment and
does not affect protection of natural and immovable cultural property, ie its protected environment,
except for restoration, conservation and revitalization works;
35a) landslide remediation includes all works that remediate landslides caused on construction, forest,
agricultural, road or other types of land. These works include clearing and removal of sediments caused
by landslides, design, provision of necessary technical documentation, necessary construction
conditions and execution of construction works necessary for rehabilitation and protection against the
occurrence of new landslides;

36) investment maintenance is the performance of construction and craft, or other works depending on


the type of facility in order to improve the conditions of use of the facility during operation;

36a) current (regular) maintenance of the facility is the performance of works undertaken to prevent
damage caused by the use of the facility or to eliminate such damage, and consists of inspection, repair
and taking preventive and protective measures, or all work to ensure maintenance of the facility
satisfactory level of usability, such as painting, painting, replacement of linings, replacement of toilets,
radiators, replacement of interior and exterior carpentry and locksmithing, replacement of interior
installations and equipment without increasing capacity and other similar works, if they do not change
the exterior do not affect the common parts of the building and their use;

37) restoration, conservation and revitalization works of cultural assets are works performed on


immovable cultural assets and their protected environment, in accordance with a special law and this
Law;

38) construction site is a land or facility, specially marked, on which a facility is being built, reconstructed
or removed, ie maintenance works are being performed;

39) removal of an object or its part is the performance of works on demolition of an object or part of an
object;

40) accessibility standards are obligatory technical measures, standards and conditions of design,


planning and construction which ensure unhindered movement and access to persons with disabilities,
children and the elderly;

41) Separate on technical conditions of construction (hereinafter: separate) is a document issued by the


holder of public authorizations within its competence when the planning document does not contain
conditions, ie data for preparation of technical documentation, which contains appropriate conditions
and data for preparation of technical documentation, and especially the capacities and place of
connection to communal and other infrastructure according to the classes of facilities and parts of the
area for which it is adopted;

42) holders of public authority are state bodies, bodies of the autonomous province and local self-
government, special organizations and other persons exercising public authority in accordance with the
law;

42a) conditions for design, ie connection are conditions issued by holders of public authorizations in a


unified procedure in the procedure of issuing location conditions at the request of the competent
authority, in accordance with the planning document, which are not issued in the form of an
administrative act. the conditions under which the facility whose construction is envisaged by the
planning document can be realized and represent an integral part of the location conditions;
43) financier is a person who, on the basis of a concluded and certified contract with an investor,
finances or co-finances construction, extension, reconstruction, adaptation, rehabilitation or execution of
other construction or investment works provided by this Law and acquires certain rights and obligations
prescribed by law for the investor in accordance with that contract, except for the acquisition of property
rights on the facility which is the subject of construction;

44) electric power facilities are facilities for production, transformation, distribution and transmission of
electricity;

45) strategic energy facilities are facilities that have been determined as strategic in accordance with the
regulations governing the field of energy;

46) certificate on energy performance of buildings is a document that shows the energy performance of
a building, has the prescribed content, appearance, conditions and manner of issuance and is issued
through the Central Register of Energy Passports (CREP);

47) The Central Register of Energy Passports (CREP) is an information system through which the
issuance of certificates on energy performance of buildings is performed and in which databases are
kept on authorized organizations that meet the prescribed requirements for certification, responsible
engineers for energy efficiency of buildings organizations and issued certificates on energy performance
of buildings;

48) seveso plant and seveso complex are a plant and complex that may have an impact on the
environment and are determined in accordance with the regulations governing the environment;

49) technical error in planning documents is an error observed during the implementation of the adopted
planning document in the textual or graphic part of the planning document, and refers to errors in
names, numbers, graphic symbols (dots, lines and surfaces), as well as other obvious inaccuracies and
illogicalities that appear in the textual and graphic part of the planning document (published text and
certified graphic representations);

50) professional qualification is a qualification which, in accordance with special regulations, includes


formal education and additional professional training and advanced training that is performed during or
after the completion of formal education;

51) professional title is a title that gives its holder the right to perform professional tasks determined by
this Law and regulations adopted on the basis of this Law, the performance of which, ie the manner of
performance is conditioned by the possession of certain professional qualifications.

All terms in this law used in the masculine gender are implied in the feminine gender and vice versa.

3. Principles for arranging and using space

Article 3
Planning, arranging and using space is based on the following principles:

1) sustainable development through an integrated approach to planning;

2) balanced territorial development;


3) rational use of land by encouraging measures of urban and rural renewal and reconstruction;

4) rational and sustainable use of non-renewable resources and optimal use of renewable resources;

5) protection and sustainable use of natural resources and immovable cultural assets;

6) prevention of technical and technological accidents, protection against fires and explosions,
protection against natural disasters, elimination of the causes that cause climate change;

7) planning and arranging space for the needs of the country's defense;

8) compliance with European regulations and standards in the field of spatial planning and arrangement;

9) improvement and use of information technologies that contribute to better efficiency and economy of
public administration work on construction works;

10) public participation;

11) preservation of customs and traditions;

12) preservation of landscape specifics;

13) horizontal and vertical coordination.

Sustainable development referred to in paragraph 1, item 1) of this Article is the harmonization of


economic, social and environmental aspects of development, rational use of non-renewable and
providing conditions for greater use of renewable resources, which allows current and future
generations to meet their needs and improve quality of life.

Horizontal coordination referred to in paragraph 1, item 13) of this Article implies connection with
neighboring territories during planning in order to resolve common functions and interests, as well as
connection and participation of all participants in spatial development of public and civil sector and
citizens.

Vertical coordination referred to in paragraph 1, item 13) of this Article implies establishing links at all
levels of spatial and urban planning and spatial planning, from national to regional and local, as well as
information, cooperation and coordination between local initiatives, plans and projects with regional and
state plans and actions.

4. Improving energy efficiency

Energy properties of the building

Article 4
Improving energy efficiency is reducing the consumption of all types of energy, saving energy and
ensuring sustainable construction by applying technical measures, standards and conditions of
planning, design, construction and use of buildings and spaces.

A building that involves energy consumption for its functioning must be designed, built, used and
maintained in a way that ensures the prescribed energy performance of buildings.
Energy properties of buildings are actually consumed or calculated amount of energy that meets various
needs related to standardized use, and relate in particular to energy for heating, hot water preparation,
cooling, ventilation and lighting.

Energy properties are determined by issuing certificates of energy performance of buildings issued by
an authorized organization that meets the prescribed conditions for issuing certificates of energy
performance of buildings.

The certificate on the energy performance of buildings is issued through the Central Register of Energy
Passports (CREP), which is kept by the ministry in charge of construction.

The certificate on the energy performance of buildings is an integral part of the technical documentation
that is attached to the application for a use permit.

The fulfillment of the conditions referred to in paragraph 4 of this Article shall be determined by a special
decision of the Minister in charge of construction affairs.

An appeal may not be lodged against the decision referred to in paragraph 7 of this Article, but an
administrative dispute may be initiated by a lawsuit.

The obligation referred to in paragraph 2 of this Article shall not apply to buildings designated by a
special regulation of the Minister responsible for construction.

The government, at the suggestion of the ministry in charge of construction, is adopting a long-term
strategy to encourage investment in the renovation of the national building stock.

5. Unhindered movement and access for persons with disabilities, children and the
elderly

Article 5
Public and business buildings, as well as other facilities for public use (streets, squares, parks, etc.),
must be designed, built and maintained so that all users, especially people with disabilities, children and
the elderly, have unhindered access , movement and residence, ie use in accordance with appropriate
technical regulations which are an integral part of the standards that define mandatory technical
measures and conditions of design, planning and construction, which ensure unimpeded movement and
access to persons with disabilities, children and the elderly.

Residential and residential-business buildings with ten or more apartments must be designed and built
in such a way as to enable all users, especially persons with disabilities, children and the elderly,
unhindered access, movement, residence and work.

6. Construction products

Article 6
A construction product is any product or assembly that is manufactured and placed on the market for
permanent installation in buildings or their parts and whose performance has an impact on the
performance of buildings in terms of basic requirements for buildings.
Construction products must meet the requirements prescribed by this law and special regulations, as
well as technical requirements from the aspect of seismological, climatic and other features of the
Republic of Serbia.

Article 7
( Deleted )

8. Unified procedure in procedures for issuing acts in exercising the right to build
and use facilities

Article 8
The Ministry in charge of construction affairs, the competent body of the Autonomous Province, ie the
competent body of the local self-government unit (hereinafter: the competent body), are obliged to
determine a special organizational unit within its composition, which implements a unified procedure for:
issuing location conditions; issuing building permits; application of works; issuing a use permit; for
obtaining conditions for design, ie connection of facilities to the infrastructure network; for obtaining
documents and other documents issued by holders of public authorizations, which are a condition for
construction of facilities, ie for issuing location conditions, construction permits and use permits within
their competence, as well as providing conditions for connection to the infrastructure network and
registration of property rights. facility and to determine the house number (hereinafter:

The competent authority shall implement a unified procedure in cases of issuing a decision referred to in
Article 145 of this Law.

Within the unified procedure, the change of location conditions, ie the decision on the construction
permit, is being carried out.

The head of the competent service is responsible for the efficient implementation of the unified
procedure.

The Minister in charge of construction affairs shall prescribe in detail the manner of conducting the
unified procedure.

9. Exchange of documents and submissions in the unified procedure and their


form

Article 8a
The exchange of documents and submissions in the unified procedure is performed electronically,
except for documents and submissions that contain classified information and which are classified, in
accordance with the regulations governing the confidentiality of information.

All acts adopted by the competent authorities and holders of public authority in connection with the
unified procedure, as well as submissions and documents submitted in the unified procedure, including
technical documentation, shall be submitted in the form of an electronic document.
If an act, ie a document that was previously originally made in paper form, is submitted in a unified
procedure, a copy of that act, ie a document that is digitized and certified in accordance with the law
governing electronic business, shall be submitted.

Digitization of the document in accordance with paragraph 3 of this Article for the purposes of
conducting the unified procedure, in addition to persons determined by the law governing electronic
business, may be performed by a person licensed designer, entered in the appropriate professional
register or a lawyer registered in the directory of lawyers. with a qualified electronic signature, he also
signs the submission in the unified procedure with which the act or document is submitted.

Verification that the submission referred to in paragraph 4 of this Article is signed and validated by
electronic signature, as well as submissions and documents submitted in the unified procedure,
including technical documentation, is done automatically when submitting requests, exchanging
documents and submissions through the central records of the unified procedure .

Notwithstanding paragraph 2 of this Article, a person registered for the use of e-government services
may also submit a submission through the e-Government portal, in accordance with the law governing
e-government, in which case the applicant is identified in accordance with that law.

Exceptionally from para. 2 and 3 of this Article, a third party requesting to be recognized as a party to
the proceedings in a unified procedure, ie if he declares legal remedies for decisions made in that
procedure, is not obliged to use electronic documents or to address the competent authority
electronically. by the way.

If the competent authority in the case referred to in paragraph 6 of this Article receives the submission
and the document in paper form, it is obliged to digitize it and confirm the identity of the copy to the
original, which gives the copy the same probative value as the original.

The Minister in charge of construction affairs shall regulate in detail the manner of exchange of
documents and submissions referred to in paragraph 1 of this Article and the form in which technical
documentation and acts referred to in paragraph 2 of this Article are submitted.

10. Actions of the holder of public authorizations in the unified procedure

Article 8b
The competent authority is obliged to submit a request for issuance of these conditions to the holders of
public authorizations, who in accordance with this Law and special regulations determine the conditions
for design, ie connection, within five working days from the day of receipt of the request for issuance of
location conditions. they cannot obtain an insight into the planning document or separate.

The holder of public authorizations is obliged to act on the request referred to in paragraph 1 of this
Article, within 15 days from the date of receipt of the request, and for facilities referred to in Article 133
of this Law within 30 days from the date of receipt of the request, except when the holder public
authority determines that he is incompetent, when he has three days to notify the competent authority.

If the precondition for the construction of the facility is the construction of the missing infrastructure, the
holder of public authorizations is obliged to state that fact and information on the planned method of
financing and deadlines for the construction of the missing infrastructure in the conditions for design or
connection.

The conditions for design, ie connection cannot be in conflict with the planning document on the basis of
when the location conditions are issued, nor can they change the urban parameters determined by the
planning document, ie challenge the planning document determined purposes.

If the holder of public authorizations cannot act on the request due to deficiencies in the content of the
conceptual design, he is obliged to list all deficiencies that need to be corrected in order to issue an act
on design conditions, ie connection in accordance with the request.

If the holder of public authorizations does not act within the time limit and in the manner referred to in
para. 2, 3 and 4 of this Article, the competent authority shall inform the applicant and submit a request
for initiating misdemeanor proceedings in accordance with Article 211a of this Law.

The holder of public authorizations has the right to reimbursement of actual costs for the issuance of the
required conditions for design, ie connection, as well as the implementation of other actions within its
competence.

Conditions for design, ie connection of holders of public authorizations include the amount of the fee for
connection to the infrastructure network, as well as the amount of other fees, ie fees, in accordance with
a special law.

If the holder of public authorizations submits the notification on the amount of compensation referred to
in paragraph 7 of this Article within three working days from the date of receipt of the request for issuing
conditions for design or connection, the obligation to pay the fee is due before issuing location
conditions. public authorities stated that they will issue these conditions free of charge, of which the
competent authority shall notify the applicant without delay.

The obligation to pay the fee referred to in paragraph 8 of this Article shall fall due before the connection
to the network, and the fees that are not related to the connection to the infrastructure network, ie fees,
shall be due before the issuance of the use permit.

Notwithstanding paragraph 10 of this Article, the obligation to pay the fee referred to in paragraph 8 of
this Article shall be due upon receipt of the final calculation of that fee, if the investor in the request to
connect the facility to the infrastructure network, or in the application for a use permit pay after receipt of
the final settlement.

In case the facility is constructed in accordance with the conditions for connection, the holder of public
authorizations is obliged to connect the facility to communal and other infrastructure and to inform the
competent authority within 15 days from the date of receipt of the request for connection. provided
otherwise.

The provisions of Art. 6-10. of this article do not apply to the connection of the facility to the transmission
power network (above 110 kV).

11. Register of unified procedures

Article 8c
The competent authority is obliged to implement the unified procedure by maintaining an electronic,
publicly available database on the course of each individual case, from submitting requests for issuing
location conditions to issuing a use permit, which contains acts obtained and issued in that procedure
(hereinafter : register of unified procedures).

The competent authority shall determine the person who keeps the register of unified procedures
(hereinafter: the registrar).

The Registrar is obliged to ensure the publication of location conditions, construction and use permits in
electronic form via the Internet, within three working days from the date of their issuance.

The Registrar shall be responsible for the lawful, systematic and up-to-date maintenance of the register
of consolidated procedures, in accordance with this Law.

The Registrar is obliged to file a misdemeanor report under Article 211a of this Law, against the holder
of public authorizations and the responsible person of the holder of public authorizations, if during the
unified procedure that holder of public authorizations does not act in the manner and within the
deadlines prescribed by this Law. from the expiration of the prescribed deadline for action by the holder
of public authorizations.

The head of the competent service has the rights and responsibilities prescribed by this law for the
registrar, if the competent authority does not determine the registrar in accordance with paragraph 2 of
this Article.

The Minister in charge of construction affairs shall prescribe the keeping and content of the register of
unified procedures, obligations and authorizations of the registrar and the scope of public availability of
data and documents contained in the register.

12. Central record of unified procedures

Article 8g
The Business Registers Agency maintains a single, central, public, electronic database, which combines
data from all registers of unified procedures in the territory of the Republic of Serbia, as well as acts
contained in these registers (hereinafter: central records), through the central records registrar. and
ensures the availability of such data and acts in accordance with the law, as well as access to acts
published by the competent authorities in accordance with Article 8c paragraph 3 of this law.

The Registrar of Central Records shall form the Central Record by downloading data and electronic
documents from the registers of unified procedures referred to in Article 8c of this Law and shall take
care of the public availability of those records.

The Minister in charge of construction affairs shall regulate in more detail the manner of keeping
electronic records referred to in paragraph 1 of this Article.

The Registrar of Central Records shall be appointed by the Management Board of the Agency, with the
prior consent of the Government.

The Registrar of Central Records is obliged to submit to the Government reports on the implementation
of the unified procedure on an annual basis.
The Registrar of Central Records is obliged to submit to the Government and the Ministry in charge of
construction affairs other reports and analyzes related to the implementation of the unified procedure, in
accordance with their request.

The registrar of the central records is obliged to file a misdemeanor report without delay:

1) against a responsible person in the competent authority, for a violation referred to in Article 209,
paragraph 1, item 2) of this Law;

2) against the registrar, due to the violation referred to in Article 211b of this Law, if he fails to file a
report in accordance with Article 8c paragraph 5 of this Law.

13. Implementation of the unified procedure

Article 8d
Supervisor:

1) upon the request for issuance of location conditions, those conditions shall be issued no later than
five working days from the receipt of all conditions, documents and other documents in accordance with
Article 8b of this Law;

2) upon the request for the issuance of a construction permit, the permit shall be issued no later than
five working days from the day of submission of the request for the issuance of a construction permit;

3) upon application of works, confirms receipt without delay, unless the security referred to in Article 98
of this Law is submitted with the application, in which case after checking the validity of the security, the
application shall be confirmed or rejected by a decision within five working days;

3a) upon notification of completion of construction of the foundation, confirm its receipt without delay,
unless the prescribed documentation is submitted with the application, in which case without delay, and
no later than the next working day after receiving the request, inform the applicant;

3b) upon application for completion of construction of the facility in a constructive sense, confirm its
receipt without delay, unless the prescribed documentation is submitted with the application, in which
case without delay, and no later than the next working day from receipt of the request, notify the
applicant;

3c) upon the request for approval of technical documentation regarding the fire protection measure,
send the request to the body responsible for fire protection without delay, and no later than the next
working day from the day of receipt of the request and within the same period investor;

4) upon the request for connection of the facility to the infrastructure, send that request to the holder of
public authorizations within three working days from the day of submitting the request;

5) upon the application for the issuance of a use permit, the permit shall be issued no later than five
working days from the day of submission of the application for the issuance of a use permit;

6) upon the request for issuance of a decision referred to in Article 145 of this Law, the decision shall be
issued no later than five working days from the day of submission of the request.
The form and content of the request and application referred to in paragraph 1 of this Article, as well as
the documentation submitted with the request and application, shall be prescribed by the Minister in
charge of construction.

Within the deadlines prescribed in paragraph 1 of this Article, the competent authority is obliged to ex
officio, in the name and on behalf of the applicant, obtain all acts, conditions and other documents
issued by holders of public authority, which are a condition for conducting a unified procedure. .

The decision on the issued construction permit, registration of works, registration of foundations and
registration of completion of the facility in the constructive sense shall be submitted by the competent
authority to the construction inspection without delay, and shall forward the location conditions to holders
of public authorizations. within three days from the date of issue.

If this Law prescribes that in special cases of construction or execution of works, a certain phase of the
unified procedure is not carried out or that phase is simplified, the deadlines prescribed in paragraph 1
of this Article shall apply to the implementation of the simplified and remaining phases of the unified
procedure. by law.

Notwithstanding paragraph 1, item 5) of this Article, in case of non-compliance of technical


documentation submitted for the purpose of issuing a use permit with the study of geodetic works for the
constructed object and special parts of the object, ie if this discrepancy is the reason for cadastre, the
deadline for issuing the use permit is calculated from the day of submission of technical documentation
which is harmonized with the study of geodetic works.

14. Limits of authority of the competent authority

Article 8f
During the implementation of the unified procedure, the competent authority exclusively checks the
fulfillment of formal conditions for construction and does not engage in the evaluation of technical
documentation, nor examines the authenticity of documents obtained in that procedure, but location
conditions, construction and use permits. in accordance with the acts and other documents referred to in
Article 8b of this Law.

The competent authority in accordance with paragraph 1 of this Article shall verify exclusively the
fulfillment of the following formal conditions:

1) competence to act upon the request, ie application;

2) whether the applicant, ie the applicant, is a person who, in accordance with this Law, may be the
applicant or applicant;

3) whether the request or application contains all the prescribed data;

4) whether all documentation prescribed by this Law and bylaws adopted on the basis of this Law is
attached to the request or application;

5) whether the request is accompanied by proof of payment of the prescribed fee or fee.

6) (deleted)
The data from the official records, which are necessary for the implementation of the unified procedure,
are provided by the competent authority via the service highway of the authority in accordance with the
regulations governing electronic administration, without paying a fee.

The data obtained in the manner referred to in paragraph 3 of this Article shall be considered reliable
and shall have the same probative value as certified excerpts from those records.

Upon the request for issuance, ie change of construction permit and use permit, ie decision referred to
in Article 145 of this Law, the competent authority shall issue a decision within the deadlines referred to
in Article 8d paragraph 1 of this Law.

If he rejects the request due to the fact that the formal conditions for further action on the request are
not met, the competent authority is obliged to state all deficiencies, ie reasons for rejection, after which it
will be able to act in accordance with the request.

If the applicant eliminates the identified deficiencies and submits the agreed request no later than 30
days from the date of publication of the act referred to in paragraph 6 of this Article, he shall not re-
submit the documentation or pay the administrative fee and other fees already submitted or paid. that
act was passed.

If it rejects the request for issuance of location conditions due to the lack of conceptual design, the
competent authority in the procedure upon agreed request will not re-obtain the conditions of holders of
public authorizations obtained in the procedure in which the request was rejected, nor may holders of
public authorizations if the changed conceptual design changes the elements important for determining
these conditions.

In case of damage caused as a result of the application of technical documentation, on the basis of
which the building permit or decision referred to in Article 145 of this Law was issued, which is
subsequently determined not to comply with regulations and rules of the profession, signed the technical
documentation, the technical control executor and the investor.

The Minister in charge of construction affairs shall determine the content of the excerpt from the project
in more detail.

Article 9
(Deleted)

II SPATIAL AND URBAN PLANNING


1. Spatial and urban planning documents

Article 10
Spatial and urban planning documents are:

1) planning documents;

2) documents for the implementation of spatial plans;

3) urban-technical documents;
4) Strategy of sustainable urban development of the Republic of Serbia;

5) National Architectural Strategy.

Spatial and urban planning documents contain measures for the arrangement and preparation of the
territory for the needs of the country's defense, as well as data on areas and zones of facilities of special
importance and interest for the country's defense.

A special article referring to special measures for arranging and preparing the territory for the needs of
the country's defense is an integral part of the plan, unless the ministry in charge of defense affairs
decides otherwise.

1.1. Planning documents

Article 11
Planning documents are spatial and urban plans.

Spatial plans are:

1) Spatial plan of the Republic of Serbia;

2) Regional Spatial Plan;

3) Spatial plan of the local self-government unit;

4) Spatial plan of the special purpose area.

Urban plans are:

1) General urban plan;

2) General regulation plan;

3) Detailed regulation plan.

The preparation and adoption of planning documents are of public interest for the Republic of Serbia.

Planning documents are prepared for a maximum period of 25 years.

1.2. Documents for the implementation of spatial plans

Article 12
The documents for the implementation of spatial plans are:

1) program for the implementation of the Spatial Plan of the Republic of Serbia;

2) program of implementation of the regional spatial plan.

3) (deleted)

1.3. Urban-technical documents

Article 13
Urban-technical documents for the implementation of planning documents are:

1) urban project;

2) project of re-parcelling and parcelling;

3) study of geodetic works for the correction of the boundaries of neighboring plots and merging of two
neighboring plots of the same owner.

2. Spatial plans

2.1. Spatial plan of the Republic of Serbia

Article 14
The Spatial Plan of the Republic of Serbia is adopted for the territory of the Republic of Serbia and is the
basic planning document for spatial planning and development in the Republic.

Other planning documents must be in accordance with the Spatial Plan of the Republic of Serbia.

The Spatial Plan of the Republic of Serbia has a strategic development and general regulatory function.

The Spatial Plan of the Republic of Serbia is adopted for a period of at least 10 years, and up to 25
years.

The spatial plan of the Republic of Serbia may be changed even before the expiration of the deadline for
which it was adopted.

Article 15
The Spatial Plan of the Republic of Serbia contains in particular:

1) starting points for drafting the plan;

2) assessment of the current situation;

3) goals and principles of spatial development;

4) principles and propositions of protection, arrangement and development of nature and natural
systems;

5) spatial development and distribution of the population;

6) networks of settlements and public services;

7) spatial development of traffic and infrastructure systems of importance for the Republic of Serbia;

8) conception and propositions of spatial development of the economy;

9) measures for the protection, arrangement and improvement of natural assets and immovable cultural
assets;

10) environmental protection measures;

11) (deleted)
12) defining interregional and intraregional functional networks;

13) planning units of common spatial and development features, for which lower-level spatial plans will
be adopted;

14) measures for the implementation of the spatial plan;

15) long-term development strategies of the Republic of Serbia.

The Strategic Environmental Assessment Report is an integral part of the documentation basis of the
planning document.

Article 16
The decision on the development of the Spatial Plan of the Republic of Serbia is made by the
Government, at the proposal of the ministry responsible for spatial planning.

The decision referred to in paragraph 1 of this Article shall contain data on the purpose of adoption,
deadline for production, source of funds for production, place of public inspection, etc.

The decision referred to in paragraph 1 of this Article shall be published in the "Official Gazette of the
Republic of Serbia".

2.2. Regional spatial plan

Article 17
The regional spatial plan is developed for larger spatial units of administrative, functional, geographical
or statistical character, directed towards common goals and projects of regional development.

The Regional Spatial Plan is a planning document which, taking into account the specific needs arising
from regional specifics, elaborates the goals of spatial planning and determines the rational use of
space, in accordance with neighboring regions and municipalities.

Article 18
The regional spatial plan shall contain in particular:

1) starting points for drafting the plan;

2) assessment of the current situation;

3) goals and principles of regional spatial development;

4) the concept of regional spatial development;

5) principles and propositions of protection, arrangement and development of nature and natural
systems;

6) conception and propositions of spatial development and distribution of the population, network of
populated places and public services;

7) functional connection of populated places;


8) principles and propositions of spatial development of the economy, distribution of activities and land
use;

9) spatial development of traffic, regional infrastructure systems and connection with infrastructure
systems of importance for the Republic of Serbia;

10) measures for the protection, arrangement and improvement of natural assets and immovable
cultural assets;

11) defining interregional and intraregional functional ties and cross-border cooperation;

12) environmental protection measures;

13) measures to encourage regional development;

14) measures for balanced territorial development of the region;

15) measures and instruments for the realization of the regional spatial plan and priority planning
solutions, ie strategic development projects for the first stage of implementation;

16) measures for the implementation of the regional spatial plan.

The Strategic Environmental Assessment Report is an integral part of the documentation basis of the
planning document.

2.3. Spatial plan of the local self-government unit

Article 19
The spatial plan of the local self-government unit is adopted for the territory of the local self-government
unit and determines guidelines for the development of activities and purpose of areas, as well as
conditions for sustainable and balanced development on the territory of the local self-government unit.

Article 20
The spatial plan of a local self-government unit shall contain in particular:

1) coverage of the construction area;

2) planning the purpose of the space;

3) network of settlements and distribution of services and activities;

4) spatial development of traffic and infrastructure systems;

5) parts of the territory for which the development of an urban plan or urban project is envisaged;

6) structural bases for villages;

7) planned protection, arrangement, use and development of natural and cultural assets and the
environment;

8) rules of arrangement and rules of construction for parts of the territory for which the preparation of an
urban plan is not envisaged;
9) measures and instruments for implementation of the plan;

10) measures for balanced territorial development of the local self-government unit.

The Strategic Environmental Assessment Report is an integral part of the documentation basis of the
planning document.

For parts of the administrative area of the city of Belgrade, outside the scope of the general urban plan,
spatial plans of city municipalities with elements and content of the spatial plan of the local self-
government unit in accordance with this law shall be adopted.

Article 20a
The planning basis for the village is made obligatorily for villages that do not have a planning document
with the detail required for issuing location conditions and is an integral part of the spatial plan of the
local self-government unit, ie it is adopted for villages for which a planning document is not provided.

When the development plan for the village is made before or after the adopted spatial plan, their
preparation and adoption is done in accordance with the provisions of this law which refer to the
preparation and adoption of the urban plan.

The planning basis for the village is implemented directly by issuing location conditions, and contains in
particular:

1) spatial coverage boundary;

2) detailed division of the area into spatial units in relation to their purpose;

3) overview of the construction area (cadastral parcels);

4) presentation of public purpose areas;

5) regulation and leveling;

6) rules of arrangement and construction by spatial units;

7) other detailed conditions of use, arrangement and protection of space and facilities.

The planning basis for the village is made for the purpose of spatial development of the village and
encouraging its sustainable development, taking into account typological and morphological differences,
and in particular:

1) geomorphological (plain, valley, hilly, mountainous, etc. villages),

2) regional and traditional (compacted, broken type of village, occasionally and permanently inhabited
villages, abandoned villages), as well as

3) other differences.

Exceptionally until the adoption of the development basis for the village referred to in paragraph 1 of this
Article, location conditions may be issued on the basis of general rules of arrangement and construction,
for facilities that by their purpose, size and capacity do not change the purpose and appearance of
space. to the surrounding area, in particular for:
1) construction of new buildings in the immediate vicinity of existing or demolished buildings,

2) reconstruction of existing facilities or new construction on the same cadastral parcel.

2.4. Spatial plan of special purpose areas

Article 21
The Spatial Plan of the Special Purpose Area is adopted for areas that require a special regime of
organization, arrangement, use and protection of space, projects of importance for the Republic of
Serbia or for areas determined by the Spatial Plan of the Republic of Serbia or other spatial plan,
especially for:

1) an area with natural, cultural-historical or environmental values;

2) area with the possibility of exploitation of mineral resources;

3) area with the possibility of using tourist potentials;

4) area with the possibility of using hydro potential;

5) for the implementation of projects for which the Government determines that the projects are of
importance for the Republic of Serbia;

6) for the construction of facilities for which a construction permit is issued by the ministry competent for
construction affairs or the competent body of the autonomous province.

The Strategic Environmental Assessment Report is an integral part of the documentation basis of the
planning document.

The provisions of Art. 69 and 217 of this law.

Article 22
The spatial plan of the special purpose area contains in particular:

1) starting points for drafting the plan;

2) assessment of the current situation (SWOT analysis);

3) special marking of the construction area with the boundaries of the area;

4) parts of the territory for which the development of an urban plan is envisaged;

5) goals, principles and operational goals of spatial development of the special purpose area;

6) the concept of spatial development of the special purpose area;

7) conception and proposition of protection, arrangement and development of nature and natural
systems;

8) conception and propositions in relation to possible demographic and social problems;

9) spatial development of the special purpose function, distribution of activities and land use;

10) spatial development of traffic, infrastructure systems and connection with other networks;
11) rules of arrangement and construction and other elements of regulation for parts of the territory
within the scope of the plan for which the development of an urban plan is not envisaged;

12) measures for the protection, arrangement and improvement of natural and cultural assets;

13) environmental protection measures;

14) measures and instruments for the realization of the spatial plan of the special purpose area and
priority planning solutions;

15) measures for the implementation of the special purpose spatial plan.

Strategic environmental impact assessment is an integral part of the plan.

Exceptionally for line infrastructure facilities, the spatial plan of the special purpose area can be
prepared in parallel with the development of a preliminary design that contains all the necessary
technical data.

3. Urban plans

3.1. General urban plan

Article 23
The General Urban Plan is adopted as a strategic development plan, with general elements of spatial
development.

The General Urban Plan is adopted for a populated place, which is in accordance with the Law on
Territorial Organization of the Republic of Serbia ("Official Gazette of the RS", No. 129/07), determined
as a city, ie the city of Belgrade.

Article 24
The general urban plan contains in particular:

1) boundaries of the plan and coverage of the construction area;

2) general urban solutions with the purposes of areas that are mostly planned in the construction area;

3) general routes and corridors for transport, energy, water management, communal and other
infrastructure;

4) division into units for further planning elaboration by plans of general regulation for the entire
construction area;

5) other elements that are important for further planning of the urban plan.

3.2. General regulation plan

Article 25
The general regulation plan must be adopted for a settlement that is the seat of a local self-government
unit, and may also be adopted for other settlements in the municipality, ie the city or the city of Belgrade,
when provided by the spatial plan of the local self-government unit.
For local self-government units for which a general urban plan is adopted under this law, general
regulation plans must be adopted for the entire construction area of the settlement, by parts of the
settlement.

The general regulation plan referred to in paragraph 2 of this Article may also be adopted for networks
of facilities and public areas.

The general regulation plan is the basic regulation plan which is directly implemented by applying the
rules of arrangement and construction on the entire scope of the planning document.

Notwithstanding paragraph 1 of this Article, the implementation of the general regulation plan may be
envisaged through the development of a detailed regulation plan in the case when it is not possible to
determine the regulation, ie rules of arrangement and construction on the entire scope of the general
regulation plan.

Exceptionally, the implementation of the general regulation plan can be foreseen through the
development of a detailed regulation plan and in the case when it is determined that for a certain area,
due to specifics, it is necessary to develop a general regulation plan, although given its direct
application. constructions contained in the general regulation plan.

Article 26
The general regulation plan contains in particular:

1) boundaries of the plan and coverage of the construction area;

2) division of space into separate units and zones;

3) predominant purpose of land by zones and wholes;

4) regulation and construction lines;

5) required leveling elevations at the intersection of streets and public areas;

5a) list of plots and description of locations for public areas, facilities and facilities;

6) corridors and capacities for transport, energy, communal and other infrastructure;

7) measures for the protection of cultural and historical monuments and protected natural areas;

8) zones for which a detailed regulation plan is adopted with a prescribed construction ban until its
adoption;

9) locations for which an urban project is obligatorily prepared, ie a competition is announced;

10) rules of arrangement and rules of construction for the entire scope of the planning document;

11) other elements important for the implementation of the plan.

3.3. Detailed regulation plan

Article 27
The detailed regulation plan is adopted for parts of the settlement, arrangement of informal settlements,
urban renewal zones, infrastructure corridors and facilities and areas for which the obligation to prepare
it is determined by a previously adopted planning document.

A detailed regulation plan may also be adopted when the spatial or urban plan of the local self-
government unit does not determine its development, based on the decision of the competent authority.

Exceptionally for line infrastructure facilities, a detailed regulation plan can be prepared simultaneously
with the development of a preliminary design that contains all the necessary technical data.

For the zones of urban renewal, the plan of detailed regulation elaborates especially the compositional
or form plan and the plan of the ground floor arrangement.

When the planning document of a wider area envisages the development of a detailed regulation plan,
that planning document of a wider area must contain rules of regulation, parcelling and construction
which will be applied when issuing location conditions and implementing parcelling and re-parcelling
procedures until the detailed regulation plan is adopted.

The decision on the preparation of the planning document referred to in paragraph 1 of this Article may
determine the period of prohibition of construction within the scope of that planning document, and no
longer than 12 months from the date of the decision. If the detailed regulation plan is not adopted within
the prescribed time limit, location conditions shall be issued in accordance with Article 57, paragraph 5
of this Law.

Article 28
The detailed regulation plan contains in particular:

1) boundaries of the plan and coverage of the construction area, division of space into special units and
zones;

2) detailed purpose of the land;

3) regulation lines of streets and public areas and construction lines with marking elements on a
geodetic basis;

4) leveling levels of streets and public areas (leveling plan);

5) list of plots and description of locations for public areas, facilities and facilities;

6) corridors and capacities for transport, energy, communal and other infrastructure;

7) measures for the protection of cultural and historical monuments and protected natural areas;

8) locations for which an urban project is obligatorily prepared or a competition is announced;

9) rules of arrangement and rules of construction by units and zones;

10) other elements important for the implementation of the detailed regulation plan.

For the zones of urban renewal, the plan of detailed regulation elaborates especially the compositional
or form plan and the plan of the ground floor arrangement.
When the urban plan changes the purpose of the land so that the new purpose requires a significantly
different parcelling, the detailed regulation plan may also contain a parcelling plan. The detailed
regulation plan may establish special rules for parcelling / re-parcelling for construction parcels defined
by the parcelling plan, which is an integral part of the detailed regulation plan.

4. Components of planning documents

Article 29
The components of the spatial plan of the special purpose area, the spatial plan of the local self-
government unit and urban plans are:

1) rules of arrangement;

2) building rules;

3) graphic part.

4.1. Rules of arrangement

Article 30
The rules of arrangement contained in the spatial plan of the special purpose area, the spatial plan of
the local self-government unit and the urban plans contain in particular:

1) the concept of arranging characteristic construction zones or characteristic units determined by the
plan according to morphological, planning, historical-ambient, form and other characteristics;

2) urban and other conditions for arrangement and construction of areas and facilities of public purpose
and networks of traffic and other infrastructure, as well as conditions for their connection;

3) the degree of communal equipment of the construction land by units or zones from the planning
document, which is required for the issuance of location and construction permits;

4) conditions and measures for the protection of natural assets and immovable cultural assets and the
protection of natural and cultural heritage, the environment and human life and health;

5) conditions by which public areas and facilities are made accessible to persons with disabilities, in
accordance with accessibility standards;

6) list of facilities for which conservation or other conditions for undertaking technical protection
measures and other works must be prepared before rehabilitation or reconstruction in accordance with a
special law;

7) energy efficiency measures of construction;

8) other elements important for the implementation of the planning document.

The rules of arrangement for the parts within the scope of planning documents for which further
planning elaboration is determined are the rules of guiding character for further planning elaboration.

4.2. Building rules
Article 31
The rules of construction in the spatial plan of the special purpose area, the spatial plan of the local self-
government unit and the plans of general and detailed regulation shall contain in particular:

1) type and purpose, ie compatible purposes of facilities that can be built in individual zones under the
conditions determined by the planning document, ie class and purpose of facilities whose construction is
prohibited in those zones;

2) conditions for parcelling, re-parcelling and formation of the construction plot, as well as the minimum
and maximum area of the construction plot;

3) position of buildings in relation to regulation and in relation to the boundaries of the construction plot;

4) the highest allowed index of occupancy or construction of the construction plot;

5) the maximum allowed height or number of storeys of buildings;

6) conditions for construction of other facilities on the same construction plot;

7) conditions and manner of providing access to the plot and parking space for vehicles.

If the conditions for design, ie connection, are not determined by the planning document, the body
responsible for issuing the construction permit will obtain them from the separate.

The decision on the adoption, ie amendment of the separate issue, is made by the competent holder of
public authorizations, if necessary, on his own initiative, or on the initiative of the body responsible for
issuing construction permits.

The Separator may determine for which classes and purposes of facilities and in which parts of the area
for which it is adopted, it is necessary to obtain the conditions of holders of public authorizations, in
accordance with this Law.

The conditions contained in the planning document, ie obtained from a separate issue or obtained from
the holder of public authorization, have the same legal force and are binding on all participants in the
procedure.

Depending on the type of planning document, construction rules may also contain other conditions of
architectural design, materialization, finishing, color and more.

4.3. Graphic part of the plan

Article 32
The graphic part of the planning document shows the solutions in accordance with the content of the
plan.

The graphic part of the spatial plan is made on topographic maps, and satellite images, maps from
existing geographic information systems, up-to-date georeferenced orthophoto bases and certified
cadastral-topographic plans can be used, depending on availability and required level of detail.

The graphic part of the urban plan is made, as a rule, on a certified cadastral-topographic, ie certified
topographic plan, ie certified cadastral plan.
The graphic part of the urban plan, in addition to the detailed regulation plan, can also be made on up-
to-date georeferenced orthophoto bases, satellite images or maps from existing geographic information
systems.

The graphic part of the planning document is made in digital form, and for the needs of public insight it is
presented in analog form.

5. Compliance of planning documents

Article 33
Spatial and urban planning documents must be harmonized, so that the document of the narrower area
must be in accordance with the document of the wider area.

Planning documents must be in accordance with the Spatial Plan of the Republic of Serbia.

The regional spatial plan for the area of the autonomous province, the regional spatial plan for the area
of the city of Belgrade, the spatial plan of the local self-government unit, after public inspection, shall
obtain the consent of the minister responsible for spatial planning and urbanism. by this law and
regulations adopted on the basis of this law, within a period which may not be longer than 30 days from
the date of receipt of the request for consent.

After the public inspection, the spatial plan of the local self-government unit shall obtain the consent of
the competent body of the autonomous province, regarding the harmonization of that plan with planning
documents of wider significance, this law and regulations adopted on the basis of this law, within 30
days. from the date of receipt of the request for consent.

After the public inspection, the consent of the Minister responsible for spatial planning and urbanism, ie
the competent body of the Autonomous Province, regarding the harmonization with the planning
documents of the wider area shall be obtained. , this law and regulations adopted on the basis of this
law, within a period which may not be longer than 30 days from the date of receipt of the request for
consent.

Control of compliance of the regional spatial plan for the territory of the autonomous province, the
regional spatial plan for the city of Belgrade, the spatial plan of the local self-government unit, the
general urban plan and the urban plan developed within the spatial plan of the special purpose area
within the protected area. Within 15 days from the day of submitting the request for control of
compliance with the planning document, the commission formed by the Minister responsible for spatial
planning and urbanism, ie, for planning documents on the territory of the Autonomous Province, the
commission formed by the competent authority of the Autonomous Province.

Funds for the work of the commission formed by the minister responsible for spatial planning and
urbanism are provided in the budget of the Republic of Serbia, and for the work of the commission
formed by the competent body of the autonomous province in the budget of the autonomous province.

After the control referred to in paragraph 6 of this Article, the commission shall compile a report and
within eight days from the day of the control, submit it to the Minister responsible for construction, or the
competent authority of the Autonomous Province.
In case the Minister in charge of spatial planning and urbanism determines that there are no conditions
for giving consent to the plan, he will order the holder of the planning document to prepare a new draft
of that planning document within 90 days from the day of submitting the order.

If the compliance control is not performed within the deadline referred to in paragraph 6 of this Article, it
shall be deemed that the consent has been given.

In the phase of preparation and adoption of the planning document, consents and opinions, prescribed
by this law, are obtained.

6. Mandatory delivery of the annex to the planning document

Article 34
The body in charge of state survey and cadastre affairs shall be provided with an attachment to the
regulatory-leveling solution of streets and public areas with elements for marking on a geodetic basis.

7. Competence for the adoption of planning documents

Article 35
The Spatial Plan of the Republic of Serbia is adopted by the National Assembly of the Republic of
Serbia, at the proposal of the Government.

The spatial plan of the special purpose area is adopted by the Government, on the proposal of the
ministry in charge of spatial planning, and for the areas that are entirely located on the territory of the
autonomous province, the assembly of the autonomous province.

The regional spatial plan, except for the regional spatial plan of the autonomous province and the
regional spatial plan for the area of the city of Belgrade, is adopted by the Government, at the proposal
of the ministry in charge of spatial planning.

The regional spatial plan for the territory of the autonomous province shall be adopted by the assembly
of the autonomous province.

The regional spatial plan for the area of the city of Belgrade is adopted by the assembly of the city of
Belgrade.

The spatial plan of the local self-government unit is adopted by the assembly of the local self-
government unit.

The urban plan is adopted by the assembly of the local self-government unit.

8. Preparation of planning documents

Article 36
Planning documents may be prepared by a public company, ie another organization established by the
Republic of Serbia, an autonomous province or a unit of local self-government, for performing spatial
and urban planning activities, as well as other legal entities established in accordance with law, which:
1) have employed, ie employed licensed spatial planners, licensed urban planners, ie licensed urban
planners architects entered in the register of licensed engineers, architects and spatial planners in
accordance with this Law and regulations adopted on the basis of this Law;

2) are entered in the register of legal entities and entrepreneurs for the performance of spatial and urban
planning, kept by the ministry responsible for planning and construction in accordance with this Law.

Urban plans may be prepared as an entrepreneur by a licensed urban architect registered in the register
of licensed engineers, architects and spatial planners if he meets the conditions prescribed by this Law
and regulations adopted on the basis of this Law.

The Minister in charge of planning and construction shall prescribe in detail the conditions to be met by
legal entities and entrepreneurs referred to in para. 1 and 2 of this Article.

The Minister in charge of planning and construction shall form a commission to determine the fulfillment
of conditions for performing professional activities of drafting spatial and / or urban plans.

At the proposal of the commission referred to in paragraph 4 of this Article, the Minister responsible for
planning and construction shall issue a decision on fulfilling the conditions for performing professional
activities of drafting spatial and / or urban plans and entry in the register referred to in paragraph 1 of
this Article.

The decision on the fulfillment of the conditions for the preparation of planning documents referred to in
paragraph 5 of this Article is final on the day of delivery. The decision on the fulfillment of the conditions
for the preparation of planning documents is valid for two years from the date of issue.

If it determines that the legal entity or entrepreneur does not meet the conditions for drafting planning
documents or if it determines that the decision was issued on the basis of inaccurate or untrue data, the
Minister responsible for spatial planning and urbanism shall issue a decision revoking or annulling the
decision referred to in paragraph 5 of this Article.

The costs of determining the fulfillment of the conditions for the preparation of planning documents shall
be borne by the applicant. The amount of costs for determining the fulfillment of conditions for the
preparation of planning documents is an integral part of the decision referred to in paragraph 5 of this
Article.

The development of spatial or urban plans is managed by the responsible spatial planner, the
responsible urban planner, or the licensed urban architect.

Persons who have been issued a license by a responsible planner, ie a responsible urban planner for
managing the preparation of spatial or urban plans for roads, infrastructure and other special areas, also
participate in the preparation of planning documents, ie manage the preparation. , ie parts of the
planning documentation from those professional fields.

9. Responsible spatial planner

Article 37
The licensed spatial planner who is entered in the register of licensed engineers, architects and spatial
planners in accordance with this law and the regulation governing taking the professional exam, issuing
a license and entering in the register may perform professional tasks of managing the development of
spatial plans as a responsible spatial planner.

A licensed spatial planner may be a person with acquired higher education in the relevant professional
field in academic or vocational studies of at least 300 ECTS or equivalent level determined by other
special regulations, passed professional exam in the field of spatial planning, relevant professional
experience of at least three years and professional results (references) from the professional field of
spatial planning.

The professional experience referred to in paragraph 2 of this Article shall be considered the experience
gained in the development, ie cooperation in the development of the spatial plan, ie part of the spatial
plan.

The responsible spatial planner gives a statement that the spatial plan is harmonized with this law and
regulations adopted on the basis of this law.

10. Responsible urbanist

Article 38
Professional tasks of managing and drafting urban plans in the capacity of responsible urban planner
may be performed by a licensed urban planner, ie a person with the professional title of licensed urban
planner architect who is entered in the register of licensed engineers, architects and spatial planners in
accordance with this law and regulation. , issuing a license and registration.

A licensed urban planner may be a person with higher education in the relevant professional field in
academic or vocational studies of at least 300 ECTS or equivalent level determined by other special
regulations, passed the professional exam in the field of urban planning, relevant professional
experience of at least three years and professional results (references) from the already professional
field of urbanism.

A licensed urban architect may be a person with a higher education in the field of architecture, ie the
field of urban planning of at least 300 ECTS or equivalent level determined by other special regulations,
passed the professional exam in the field of urban planning, relevant professional experience of at least
three years and professional results (references) from the already professional field of urbanism.

Professional experience from Art. 2 and 3 of this Article shall be considered the experience gained in the
development, ie cooperation in the development of the urban plan, ie the part of the urban plan.

The responsible urban planner gives a statement that the planning document is harmonized with this
law and regulations adopted on the basis of this law.

The right to use the professional title of licensed urban architect has a person who meets the
requirements of paragraph 3 of this Article, or a person who is issued a license for responsible urban
planner to manage the development of urban plans and urban projects in accordance with regulations in
force until the entry into force of this Law. which is entered in the register of licensed engineers,
architects and spatial planners in accordance with this law and regulations adopted on the basis of this
law.
11. Funds for drafting planning documents

Article 39
Funds for the preparation of planning documents are provided in the budget or from other sources, in
accordance with the law.

The Ministry in charge of spatial planning may, at the request of the local self-government unit, co-
finance the preparation of individual planning documents.

The Ministry in charge of urban affairs may, in order to include the Republic of Serbia in the integration
process, finance the development of national programs that regulate urban development policy,
architectural policy, urban renewal, etc.

12. Assignment of substrates

Article 40
For the purpose of drafting or amending the planning document, at the request of the ministry
responsible for spatial planning and urbanism, autonomous provinces or local self-government units, the
competent authority or organization shall provide existing copies of the topographic and cadastral plan,
ie digital records or cadastre of underground installations. orthophotos, free of charge.

All substrates are provided within 15 days.

Notwithstanding paragraph 2 of this Article, substrates may be provided within 30 days with the
explanation of the competent authority or organization for failure to act within the period referred to in
paragraph 2 of this Article.

13. Availability and publication of planning documents

Article 41
Planning documents with attachments must be available for public inspection at the seat of the bearer,
except for a special attachment relating to special measures of arrangement and preparation of the
territory for the needs of the country's defense.

After the adoption of planning documents, the textual part of all planning documents is published in the
official gazette of the bearer of planning documents, ie in the official gazette of the Republic of Serbia,
the official gazette of the autonomous province or the official gazette of the local self-government unit.
for the needs of defending the country.

The planning document referred to in paragraph 2 of this Article shall be published in electronic form
and shall be available on the Internet, except for a special attachment relating to special measures for
arranging and preparing the territory for the needs of the country's defense.

Planning documents are publicly available in the Central Register of Planning Documents.

Article 42
( Deleted )
15. Central Register of Planning Documents

Article 43
All planning documents adopted in accordance with this Law shall be recorded in the Central Register of
Planning Documents (hereinafter: the Register).

The register is kept by the body responsible for state survey and cadastre.

After the entry into force of the planning document, the planner is obliged to submit the document to the
body referred to in paragraph 2 of this Article within ten days from the date of entry into force of the
planning document, in the format prescribed by the Minister responsible for spatial planning.

All planning documents, registered in the Register, are available to interested parties in electronic form,
via the Internet, free of charge.

For the purpose of monitoring the state of space, the Ministry in charge of spatial planning shall
establish a national information system of planning documents and the state of space, in accordance
with the principles of the INSPIRE Directive, of which the Register of Planning Documents is an integral
part. which regulates the area of national infrastructure of geospatial data.

For the purpose of monitoring the situation in space, the Register of Investment Locations is formed as
a subsystem of the National Geospatial Data Infrastructure and is established in accordance with the
regulations governing the field of national geospatial data infrastructure.

The body responsible for state survey and cadastre shall establish and maintain the technical
infrastructure for access to and use of data from the Register of Investment Locations.

All planning documents, recorded in the national information system of planning documents, are publicly
available in electronic form on the Internet free of charge, except for a special attachment relating to
special measures of arrangement and preparation of the territory for the needs of the country's defense.

Article 44
(Deleted)

Article 45
For the purposes of monitoring the situation in space, the competent body of the local self-government
unit shall establish a local information system of planning documents and the situation in space, in
accordance with the principles of the INSPIRE directive.

The competent body of the local self-government unit is obliged to submit all data from the local
information system and available data on investment locations to the body responsible for state survey
and cadastre in accordance with the Law on National Geospatial Data Infrastructure.

All planning documents, recorded in the local information system, are available to interested parties in
electronic form, on the Internet, except for a special attachment relating to special measures of
arrangement and preparation of the territory for the needs of the country's defense.

16. Procedure for adoption of planning documents


 

16a Early public insight

Article 45a
After making a decision on the development of a spatial or urban plan, the holder of the plan organizes
to inform the public (legal entities and individuals) about the general goals and purpose of the plan,
possible solutions for spatial development, possible solutions for urban renewal and planning effects.

Early public insight is advertised in the media and in electronic form on the website of the local self-
government unit and on the website of the planner and lasts for 15 days. Early public inspection begins
on the day of advertising.

During the early public inspection, conditions and other important data for the preparation of the
planning document are obtained from bodies, special organizations, holders of public authorizations and
other institutions. Bodies, special organizations, holders of public authorizations and other institutions
are obliged to submit conditions and all available data at the request of the holder of the planning
document during the early public inspection, and no later than 15 days from the date of receipt of the
request. Exceptionally, the conditions and all available data may be provided within 30 days with the
explanation of the competent authority or organization for failure to act within the specified period.

All remarks and suggestions of legal entities and natural persons are recorded by the holder of the
planning document, and the recorded remarks and suggestions may affect the planning decisions.

The public must have the opportunity to express themselves, and the recorded remarks can influence
the planning decisions.

Early public inspection and public inspection is performed by the commission for plans of the local self-
government unit for planning documents within the competence of the local self-government unit, ie the
commission for public insight for spatial plans under the jurisdiction of the Republic of Serbia.
competencies of the autonomous province, the commission for public insight formed by the body of the
autonomous province in charge of spatial planning and urbanism.

Funds for early public insight are provided in the budget of the Republic of Serbia, the budget of the
autonomous province, or in the budget of the local self-government unit.

16.1. Decision on drafting planning documents

Article 46
The decision on the preparation of the planning document is made by the body responsible for its
adoption, based on the previously obtained opinion of the body responsible for expert control, ie the
commission for plans.

The decision referred to in paragraph 1 of this Article shall contain in particular:

1) name of the planning document;

2) framework boundaries of the planning document with a description;


3) conditions and guidelines of higher order planning documents and development strategies;

4) principles of planning, use, arrangement and protection of space;

5) vision and goals of planning, use, arrangement and protection of the planning area;

6) conceptual framework for planning, use, arrangement and protection of the planning area with the
structure of the basic purposes of space and land use;

7) deadline for drafting the planning document;

8) method of financing the development of the planning document;

9) place and manner of conducting public inspection;

10) decision on the preparation or failure to prepare a strategic impact assessment.

The decision on drafting is published in the appropriate official gazette and the Central Register of
Planning Documents.

In order to prepare or change the spatial and urban plan, at the request of the holder of the plan, the
competent authority for state survey and cadastre shall provide existing copies of cadastral bases,
cadastre of underground lines, as well as ortho-photo recordings free of charge.

The decision on amendments to the planning document defines the part of the scope of the planning
document that is being changed.

Before making a decision on the development of a planning document, the holder of the development of
the plan obtains the opinion of the competent body for environmental protection on the need to prepare
a strategic environmental impact assessment.

16.2. Preparation and transfer of planning documents

Article 47
The holder of the development of planning documents is the competent authority for spatial and urban
planning in the Republic of Serbia, the Autonomous Province, the municipality, the city and the city of
Belgrade.

The body referred to in paragraph 1 of this Article may delegate the preparation of spatial and urban
planning documents to a company or other legal entity that in accordance with the provisions of this Law
meets the prescribed conditions for the preparation of planning documents.

The assignment of the preparation of planning documents is done in accordance with the law governing
public procurement.

16.2.1. Procedure in the procedures of preparation and monitoring of the preparation of


planning documents

Article 47a
The holder of the drafting document is obliged to determine the organizational unit within its
composition, which conducts the procedure: preparation, consideration, adoption and publication of the
decision on the drafting of the planning document; drafting and assignments of drafting a planning
document; expert controls of the planning document; early public insight and public insight into the
planning document; preparation, consideration, adoption and publication of the planning document, as
well as entry of planning documents in the Central Register of Planning Documents (hereinafter: the
procedure in the procedures of preparation and monitoring of the development of planning documents).

The holder of the development of the planning document conducts the procedure in the procedures of
preparation and monitoring of the development of planning documents and in cases of amendments to
the planning documents.

Within the procedure in the procedures of preparation and monitoring of the preparation of planning
documents, the correction of technical errors in the planning documents is also carried out. The
correction of a technical error produces legal effect from when and the planning document in which the
technical error is corrected.

The head of the organizational unit referred to in paragraph 1 of this Article is responsible for the
implementation of the procedure in the procedures of preparation and monitoring of the preparation of
planning documents.

The Minister in charge of spatial planning and urban planning shall prescribe in detail the manner and
procedure of implementing the procedure of preparation and monitoring of the preparation of planning
documents.

16.2.2. Actions of bodies, special organizations, holders of public authorizations and


other institutions in the procedures of preparation and monitoring of the preparation of
planning documents

Article 47b
During the early public inspection, the holder of the planning document submits to the competent
bodies, special organizations and holders of public authorizations, which in accordance with this law and
special regulations determine the conditions for planning and arranging space, a request for issuing
those conditions.

The competent body, special organization, ie holder of public authorizations is obliged to act upon the
request referred to in paragraph 1 of this Article, within 15 days from the day of receipt of the
request. Exceptionally, it is possible to act within 30 days from the day of receipt of the request, with the
explanation of the competent authority or organization for failure to act within the specified period.

If the body, special organization, ie holder of public authorizations does not act within the deadline
referred to in paragraph 2 of this Article, it shall be considered that he has declared that there are no
special conditions for planning and arranging the space.

The body, special organization, ie the holder of public authorizations issues the conditions and data for
the preparation of the planning document without compensation and fees, except for the compensation
of actual costs (material costs).

16.2.3. Exchange of submissions and documents in the procedures of preparation and


monitoring of the development of planning documents
Article 47c
The exchange of documents and submissions in the procedures of preparation and monitoring of the
preparation of planning documents is done electronically, except for documents and submissions for
which the degree of secrecy is determined in accordance with the regulations governing the secrecy of
data.

All acts related to determining the conditions for spatial planning and arrangement and adopted by
competent authorities, special organizations and holders of public authority, as well as submissions and
documents submitted in the procedure in the procedures of preparation and monitoring of planning
documents, are submitted in the form electronic document, except for acts of submissions and
documents for which the degree of secrecy has been determined in accordance with the regulations
governing the secrecy of data.

16.3. Draft planning document

Article 48
After the publication of the decision on the development of the planning document, the holder of the
development of the approach to the drafting of the planning document.

For the purpose of drafting the plan, the developer collects data, especially on: existing planning
documentation, bases, special conditions for protection and arrangement of space, other documentation
important for the plan, condition and capacity of infrastructure, other data necessary for the plan and
data from the report on public objections obtained at the stage of early public insight.

The draft plan contains a graphic part and a textual explanation with the necessary numerical indicators.

The draft plan is subject to expert control in accordance with this law.

The draft for amendment of the planning document, depending on the need, may contain only a textual
attachment.

16.4. Professional control of planning documents

Article 49
Before being presented to the public, the draft planning document is subject to expert control.

Expert control includes checking the compliance of the planning document with the planning documents
of the wider area, the decision on drafting, this law, standards and norms, as well as checking the
justification of the planning solution.

Expert control of the Spatial Plan of the Republic of Serbia, the spatial plan of the special purpose area
and the regional spatial plan is performed by a commission formed by the ministry in charge of spatial
planning.

The expert control of the spatial plan of the special purpose area and the regional spatial plan for the
areas that are entirely on the territory of the Autonomous Province shall be performed by a commission
formed by the competent body of the Autonomous Province. One third of the members of the
commission are appointed on the proposal of the minister in charge of spatial planning.
Professional control of planning documents of local self-government units is performed by the plan
commission, within 15 days from the day of submitting the request for performing expert control.

After the performed expert control, a report is compiled within eight days, which contains data on the
performed control, with all remarks and opinions of the competent body, ie the commission for plans for
each remark.

The report referred to in paragraph 6 of this Article is binding and is an integral part of the explanation of
the planning document.

Funds for professional control are provided in the budget of the Republic of Serbia, the budget of the
autonomous province, ie the budget of the local self-government unit.

16.5. Public insight

Article 50
The presentation of the planning document for public inspection is done after the expert control. The
presentation of the planning document for public inspection is announced in the daily and local
newspapers and lasts for 30 days from the day of advertising. The ministry in charge of spatial planning,
ie the body of the local self-government unit in charge of spatial and urban planning, shall take care of
exposing the planning document to public inspection.

In the event that the competent authority decides to repeat the public inspection for part of the draft
planning document, the public inspection may not last less than 15 days from the date of
announcement.

The competent body, ie the commission for plans shall compile a report on the performed public
inspection of the planning document, which contains data on the performed public inspection, with all
objections and decisions on each objection.

The report referred to in paragraph 3 of this Article shall be submitted to the holder of the drafting
document, who shall, within 30 days from the date of submission of the report, act in accordance with
the decisions contained in paragraph 3 of this Article.

Funds for conducting public inspection are provided in the budget of the Republic of Serbia, the budget
of the autonomous province, ie in the budget of the local self-government unit.

Article 51
In the event that after the public insight into the draft planning document, the competent body, ie the
planning commission determines that the adopted objections substantially change the planning
document, it shall issue a decision ordering the developer to draft a new draft planning document within
60 days. from the date of the decision.

The draft planning document referred to in paragraph 1 of this Article is subject to expert control.

16.5a Chief Urbanist

Article 51a
The Chief Urban Planner coordinates the drafting of planning documents and coordinates the work
between the bodies responsible for urban affairs and public companies and other institutions involved in
the procedures for drafting and adopting planning documents.

The chief urban planner is the chairman of the plan commission.

The chief urbanist is appointed by the assembly of the municipality, ie the city, ie the city of Belgrade, for
a period of four years.

The chief urban planner may be a licensed architect, ie an urban architect with at least ten years of work
experience in the professional field of architecture, ie the narrower professional field of urbanism.

The Municipal Assembly, ie the City Assembly, ie the Belgrade City Assembly, regulates in more detail
the position, powers, as well as the rights and duties of the chief urban planner. The act on the internal
organization of the local self-government unit may envisage the establishment of the organizational unit
of the chief urban planner, determine the scope of this organizational unit, as well as regulate other
issues important for work.

16.5b Amendments to planning documents

Article 51b
Amendments to the planning document shall be made in accordance with the procedure for drafting the
planning document prescribed by this Law and regulations adopted on the basis of this Law.

In case of minor amendments to the planning document, the shortened procedure of amendments to the
planning document is applied.

The shortened procedure of amendments to the planning document implies that the procedure of early
public insight is not carried out, in the way of drafting amendments to the planning document, as well as
the procedure of public insight lasting at least 15 days.

The abbreviated procedure for amendments to the planning document shall be regulated by the act on
amendments to the planning document in accordance with Article 46 of this Law. The act on
amendments to the planning document prescribes the procedure for drafting amendments to the
planning document, as well as the duration of the public inspection.

The subject of amendments to the planning document in the shortened procedure is only a part of the
planning document that is being changed, and not the planning document as a whole.

The abbreviated procedure is also applied in cases when the plan is amended and supplemented in
order to harmonize with the higher order plan, ie when only the textual change of the plan is made, for
the needs of construction of infrastructure or public facilities in terms of this law. possible without
changing the planning document by which these facilities are planned.

16.6. Planning Commission

Article 52
For the purpose of performing professional tasks in the process of drafting and implementing planning
documents, expert verification of compliance of urban project with planning document and this law, as
well as giving expert opinion at the request of competent administrative bodies, the assembly of the
local self-government unit .

The President and members of the Commission are appointed from among experts in the field of spatial
planning and urbanism and other areas that are important for performing professional work in the field of
planning, spatial planning and construction, with the appropriate license, in accordance with this law.

One third of the members are appointed on the proposal of the Minister in charge of spatial planning
and urbanism.

For plans adopted on the territory of the Autonomous Province, one third of the members are appointed
on the proposal of the body of the Autonomous Province responsible for urban planning and
construction.

The term of office of the President and members of the Commission is four years.

Funds for the work of the Commission are provided in the budget of the local self-government unit.

The number of members, manner of work, composition and other issues of importance for the work of
the Commission shall be determined by a sub-legal act issued by the Minister responsible for spatial
planning and urbanism and by an act on the formation of the Commission.

For the performance of certain professional tasks for the needs of the Commission, the body
responsible for education of the Commission may engage other legal and natural persons.

17. Location information

Article 53
The information on the location contains data on the possibilities and limitations of construction on the
cadastral parcel, ie on several cadastral parcels, based on the planning document.

Location information is issued by the body responsible for issuing location conditions within eight days
from the day of submitting the request, with reimbursement of the actual costs of issuing that
information.

17a Location conditions

Article 53a
Location conditions contain all urban, technical and other conditions and data necessary for the
development of the conceptual design, construction permit project and construction project, in
accordance with this law and issued for the cadastral parcel that meets the requirements for the
construction parcel.

Notwithstanding paragraph 1 of this Article, location conditions may be issued for several cadastral
parcels, with the obligation of the investor to merge these parcels in accordance with this Law before
issuing the use permit.

Notwithstanding paragraph 1 of this Article, for the construction of line infrastructure facilities and
communal infrastructure facilities, location conditions may be issued for several cadastral parcels, or
parts of cadastral parcels, with the obligation of the investor to merge these cadastral parcels before
issuing the use permit. by this law.

Location conditions for facilities referred to in Article 133 of this Law shall be issued by the ministry
competent for urban affairs, ie the competent authority of the Autonomous Province for facilities referred
to in Article 134 of this Law.

Location conditions for facilities that are not specified in Art. 133 and 134 of this Law, is issued by the
competent body of the local self-government unit.

Along with the request for issuing location conditions, the conceptual design of the future facility, ie part
of the facility (sketch, drawing, graphic display, etc.) is submitted, made in accordance with the rulebook
which further regulates the content of technical documentation.

Location conditions can also provide for phased or staged construction.

The investor is not obliged to obtain location conditions in the case when performing works on
investment maintenance of the facility and removing obstacles for people with disabilities, works that do
not change the appearance, does not increase the number of functional units and installation capacity,
when adapting, rehabilitating, building fences , as well as in all other cases of works that do not connect
to the utility infrastructure or change the capacity and functionality of existing connections to the
infrastructure network, unless otherwise provided by this law or regulation governing location conditions.

Article 54
If the planning document, ie the separate document, does not contain possibilities, restrictions and
conditions for construction of facilities, ie all conditions for connection to communal, traffic and other
infrastructure, the competent authority obtains those conditions ex officio, at the expense of the
applicant. Holders of public authorizations are obliged to submit these conditions at the request of the
competent authority within 15 days from the day of receipt of the request.

Until the adoption of the urban plan in accordance with this law, the location conditions for the upgrade
of the existing communal infrastructure shall be issued in accordance with the actual situation in the
regulation of the existing road or other public area.

Article 55
Location conditions contain all urban, technical and other conditions and data necessary for the
development of the conceptual, ie project for building permit and project for construction, as well as data
on:

1) number and area of the cadastral parcel, except for line infrastructure facilities and antenna poles;

2) the name of the planning document, ie the planning document and the urban project on the basis of
which the location conditions and construction rules for the zone or whole in which the subject parcel is
located are issued;

3) conditions for connection to communal, traffic and other infrastructure;

4) data on existing facilities on that plot that need to be removed before construction;
4a) whether it is necessary to initiate the procedure of obtaining approval for the environmental impact
assessment study in connection with the construction of the facility or execution of works in accordance
with the issued location conditions, ie the decision not to prepare the study, which the competent
authority obtains through a joint procedure from the ministry in charge of environmental affairs;

5) other conditions in accordance with a special law.

Article 56
The competent authority is obliged to issue location conditions within five working days from the day of
obtaining all necessary conditions and other data from the holder of public authorizations.

An objection to the issued location conditions may be submitted to the competent municipal or city
council, through the first instance body, within three days from the day of submitting the location
conditions, and if the location conditions were issued by the competent ministry or the competent
authority of the autonomous province. competent ministry.

If the objection also refers to the conditions of the holders of public authorizations before submitting
them to the competent body referred to in paragraph 2 of this Article, the body that issued the location
conditions is obliged to submit the objection to the holders of public authorizations without delay.

In the case referred to in paragraph 3 of this Article, the holder of public authorizations is obliged to
declare the allegations from the objection, if unfounded, or to change the conditions in accordance with
the request within 15 days, ie 30 days for the facilities referred to in Article 133 of this Law. , or
objection.

If the holder of public authorizations does not act within the time limit and in the manner prescribed by
paragraph 4 of this Article, he shall be deemed to have agreed with the allegations in the complaint and
the competent authority referred to in paragraph 2 of this Article shall change the location conditions in
accordance with the request. such an act is clearly contrary to coercive regulations.

The body referred to in paragraph 2 of this Article is obliged to make a decision on the complaint no later
than 60 days from the day of filing the complaint, except in the case of facilities referred to in Article 133
of this Law when the deadline is 90 days from filing the complaint.

On the final administrative act referred to in paragraph 2 of this Article, an administrative dispute may be
initiated by a lawsuit.

Article 57
Location conditions are issued on the basis of the spatial plan of the special purpose area and the
spatial plan of the local self-government unit, for parts of the territory within the scope of the plan for
which the development of an urban plan is not envisaged.

Location conditions are issued on the basis of the general regulation plan, for parts of the territory for
which the preparation of a detailed regulation plan is not envisaged.

Location conditions are issued on the basis of a detailed regulation plan.


If the planning document envisages the development of an urban project, or the urban project is made
at the request of the investor, location conditions are issued on the basis of that planning document and
the urban project.

If for the area where the cadastral parcel is located for which a request for issuance of location
conditions has been submitted, the obligation of further planning elaboration is envisaged, and such
planning plan is not adopted within the deadline prescribed by Article 27, paragraph 6 of this Law,
location conditions are issued on the basis of a bylaw which regulates the general rules of parcelling,
arrangement and construction, and on the basis of the existing planning document which contains
elements of regulation.

Location conditions referred to in paragraph 5 of this Article must contain: class and purpose of the
building, position of the building in relation to regulatory lines, allowed occupancy index of the plot,
allowed height of the building, gross developed building area (BRGP), conditions and manner of access
to the plot and space for parking vehicles.

Location conditions are valid for two years from the date of issuance or until the expiration of the
building permit issued in accordance with these conditions, for the cadastral parcel for which the
application was submitted.

In the case of phased construction, the location conditions are valid until the expiration of the
construction permit of the last phase, issued in accordance with these conditions.

The applicant may submit a request for change of one or more conditions for design, ie connection of
the facility to the infrastructure network in which case the change of location conditions is made.

The conditions submitted by the holders of public authorizations cannot be in conflict with the conditions
from the planning document on the basis of when the location conditions are issued, nor can they
change the established urban parameters.

If the holder of public authorizations acts contrary to the provisions of paragraph 10 of this Article, the
competent authority shall issue location conditions exclusively in accordance with the urban and other
parameters from the valid planning document.

If after the issuance of location conditions, any of the holders of public authorizations changes the
conditions that are an integral part of the issued location conditions, he is responsible for the damage
suffered by the investor due to undertaking activities based on originally issued location conditions.

19. Documents for the implementation of spatial plans

Implementation program

Article 58
The Spatial Plan Implementation Program of the Republic of Serbia determines measures and activities
for the implementation of the Spatial Plan of the Republic of Serbia for a period of five years.

The program for the implementation of the Spatial Plan of the Republic of Serbia is adopted by the
Government, at the proposal of the ministry responsible for spatial planning, within one year from the
date of entry into force of the Spatial Plan of the Republic of Serbia.
The Regional Spatial Plan Implementation Program determines the measures and activities for the
implementation of the regional spatial plan for a period of five years.

The program for the implementation of the regional spatial plan is adopted by the body responsible for
adopting the plan, within one year from the date of entry into force of the regional spatial plan.

The body in charge of spatial planning is obliged to submit biennial reports on the implementation of the
spatial plan to the body that adopted the Program.

Amendments to the program from para. 1 and 3 of this Article, based on the analysis of the effects of
applied measures and the situation in space, may be performed before the expiration of five years, at
the proposal of the body responsible for spatial planning.

Article 59
(Deleted)

20. Urban-technical documents

20.1. Urban project

Article 60
The urban project is made when it is provided by the planning document or at the request of the
investor, for the needs of urban-architectural design of public areas and urban-architectural
development of locations.

An urban project can also be prepared for the construction of public facilities for the needs of
determining the public interest, without changing the planning document, except for determining the
public interest for projects in protected areas.

An urban project can also be prepared for the construction of a facility that is in the function of
performing agricultural activities, ie rural tourism, nautical tourism and / or hunting tourism (eg facilities
for processing and storage of agricultural products, facilities for accommodation and nutrition of tourists,
facilities for the production of energy from biomass as a renewable energy source, in the function of
agricultural production, etc.), for an area that is not within the scope of the planning document that can
be directly applied.

The level of communal equipment and other infrastructure, as well as the conditions for the formation of
the construction plot, for the facilities referred to in paragraph 2 of this Article, will be regulated in more
detail by a bylaw issued by the Minister responsible for urban affairs.

An urban project may exceptionally, in case of harmonization with the valid planning document of that or
wider area, apply urban parameters, by using either the highest allowable occupancy index or the
highest allowable construction plot index, or the highest allowable height or maximum allowable storeys
buildings, depending on the characteristics of the location and the architectural and urban context. An
urban project may also prescribe the height equalization of wreaths or ridges of buildings built in a block
up to the maximum predicted height of a building built in accordance with the law in that block.
The Commission for Plans of the Local Self-Government Unit, ie the City, makes a conclusion on the
possibility of drafting an urban project which plans height alignment of wreaths or ridges of buildings
built in the block, near the intervention zone of the block, up to the maximum height of the building built
in accordance with this law. that block, before the start of the urban project, with an excerpt from the
planning document and a presentation of the wider environment of the location.

Article 61
An urban project is prepared for one or more cadastral parcels on a certified cadastral-topographic plan.

The urban project for urban-architectural elaboration of the location may determine the change and
precise definition of the planned purposes within the plan-defined compatibilities, in accordance with the
infrastructure capacities within the capacities determined by the planning document, according to the
urban project approval procedure established by this law.

Change and precise definition of planned purposes, in terms of paragraph 2 of this Article, is allowed
when the plan provides for any of the compatible purposes.

Article 62
An urban project can be prepared by a company, ie another legal entity or entrepreneur, which are
entered in the appropriate register for the preparation of urban plans and the preparation of technical
documentation.

The development of the urban project is managed by the responsible urban planner of the architectural
profession with the appropriate license.

Article 63
The body of the local self-government unit responsible for urban affairs confirms that the urban project is
not in conflict with the valid planning document and this law and bylaws adopted on the basis of this law.

Before confirming the urban project, the body in charge of urban affairs organizes a public presentation
of the urban project for a period of seven days.

In the case when the urban project is made for a public facility for the purposes of determining the public
interest, the competent authority for validation of the urban project must notify all owners or users of real
estate within the urban project, ie owners or users of real estate in the immediate vicinity and public
owners. authorizations for the development of urban projects and public presentation.

All remarks and suggestions of interested persons are recorded at the public presentation.

After the expiration of the deadline for public presentation, the competent authority shall submit the
urban project with all remarks and suggestions to the plan commission within three days.

The Planning Commission is obliged to, within eight days from the day of receipt, consider all remarks
and suggestions from the public presentation, perform expert control and determine whether the urban
project is contrary to the plan of the wider area, which makes a written report accepting or rejecting an
urban project.
The body responsible for urban affairs is obliged to, within five days from the day of receiving the
proposal of the commission referred to in paragraph 6 of this Article, confirm or refuse to confirm the
urban project and notify the applicant in writing without delay.

The notification referred to in paragraph 7 of this Article may be objected to by the municipal or city
council, ie the Government or the competent body of the autonomous province in the case of
confirmation of an urban project within the competence of the ministry responsible for urban affairs.
urban affairs, within three days.

The body that confirmed the urban project is obliged to publish the project on its website within five days
from the day of the project confirmation.

Article 63a
The urban project prepared for the construction of facilities for which the construction permit is issued by
the ministry in charge of construction, ie the competent body of the autonomous province, is confirmed
by the ministry in charge of urban planning, ie the body of the autonomous province in charge of
urbanism.

Before approving the urban project referred to in paragraph 1 of this Article, the Minister competent for
urban affairs, ie the competent body of the autonomous province for urban affairs, shall form a
commission for expert control of the urban project, which confirms that the urban project is not in conflict
with valid planning documents and this law. adopted on the basis of this law.

Funds for the work of the commission referred to in paragraph 2 of this Article shall be provided in the
budget of the Republic of Serbia, ie the budget of the autonomous province.

The Minister in charge of urban affairs shall prescribe in detail the manner and procedure of confirming
the urban project for the needs of construction of facilities referred to in Article 133 of this Law and the
scope of the commission referred to in paragraph 2 of this Article.

Article 64
The plan of general regulation and the plan of detailed regulation may determine the obligation to
announce an urban-architectural competition for the solution of locations that are important for the unit
of local self-government.

20.2. Project of re-parcelling and parcelling

Article 65
One or more construction parcels may be formed on a larger number of cadastral parcels on the basis
of the re-parcelling project, in the manner and under the conditions determined in the planning
document, and if the planning document is not adopted, it will be formed on the basis of bylaws.
construction.

A large number of construction parcels can be formed on one cadastral parcel, which can be divided by
parcelling to the minimum determined by applying the rules on parcelling or enlarged by reparcelling,
and according to planned or existing construction, ie planned or existing purpose of construction parcel,
based on parcelling project, under conditions and in the manner prescribed in paragraph 1 of this Article.
The project of reparcelling, ie parcelling, is prepared by an authorized company, ie another legal entity
or entrepreneur that is entered in the appropriate register. An integral part of the project of reparcelling,
ie parcelling, is also the project of geodetic marking. The development of the project of re-parcelling, ie
parcelling, is managed by the responsible urban planner of the architectural profession.

The project referred to in paragraph 3 of this Article shall be confirmed by the body of the local self-
government unit responsible for urban affairs, within 10 days.

If the competent authority determines that the re-parcelling project has not been done in accordance
with the valid planning document, ie by-law which determines the general rules of parcelling, regulation
and construction, it shall inform the applicant.

The applicant may file an objection to the notification referred to in paragraph 5 of this Article to the
municipal or city council, within three days from the date of delivery.

Article 66
The body in charge of state survey and cadastre affairs shall carry out re-parcelling, ie parcelling.

Along with the request for re-parcelling, ie subdivision, proof of resolved property-legal relations for all
cadastral parcels and the re-parcelling, ie parcelling project confirmed by the body responsible for urban
affairs of the local self-government unit, of which the geodetic marking project is an integral part.

When a part of the cadastral parcel that is in public ownership needs to be annexed to the neighboring
cadastral parcel in order to form a construction parcel, in the re-parcelling procedure a special cadastral
parcel is formed which can be alienated in accordance with the provisions of a special law.

Upon the request for the implementation of re-parcelling, ie parcelling, the body in charge of state
survey and cadastre shall issue a decision on the formation of the cadastral parcel (s).

A copy of the decision is also submitted to the competent authority that confirmed the project of re-
parcelling, ie parcelling.

An appeal may be lodged against the decision referred to in paragraph 4 of this Article within eight days
from the day of delivery of the decision.

The final decision referred to in paragraph 4 of this Article shall be submitted by the body responsible for
state survey and cadastre to the tax administration in the territory where the real estate in question is
located.

Article 67
When the re-parcelling project is made for the needs of expropriation, as well as for construction plots of
public purpose determined on the basis of the parcelling plan contained in the planning document, the
request for re-parcelling is submitted by the re-parcelling project confirmed by the authority in charge of
urban planning.

The body responsible for state survey and cadastre issues a decision on the formation of cadastral
parcels, based on the re-parcelling project, ie the parcelling plan for public construction parcels
contained in the planning document and / or geodetic marking project.
An appeal may be lodged against the decision referred to in paragraph 2 of this Article within eight days
from the day of delivery of the decision.

The decision referred to in paragraph 2 of this Article does not change the owner of the newly formed
cadastral parcels.

A copy of the decision referred to in paragraph 2 of this Article shall be delivered to the owners of the
construction land and the applicant.

20.3. Geodetic study of the correction of the boundaries of neighboring


plots and merging of neighboring plots of the same owner

Article 68
Correction of borders of neighboring cadastral parcels, merging of neighboring cadastral parcels of the
same owner, merging of neighboring parcels where the same person is the owner or long-term tenant
based on previous regulations, as well as education of a larger number of construction plots according
to planned or existing construction or planned or existing purpose is performed on the basis of the study
of geodetic works.

The study of geodetic works referred to in paragraph 1 of this Article shall be prepared in accordance
with the regulations on state survey and cadastre.

Before preparing the study of geodetic works, the owner of the cadastral parcel decides on property and
legal relations.

If the neighboring cadastral parcel is in public ownership, the consent for the correction of the border is
given by the competent ombudsman.

The owner of the plot, after preparing the study of geodetic works, submits a request for correction of
the boundaries of the plot to the body responsible for state survey and cadastre.

Along with the request referred to in paragraph 5 of this Article, the owner shall also submit proof of
resolved property and legal relations.

When correcting the border of neighboring plots, the rule must be respected that the cadastral parcel in
public ownership that is annexed to the neighboring plot does not meet the conditions for a special
construction plot, and that it is smaller than the plot to which it is annexed.

The costs of correcting the boundaries of the parcel shall be borne by the owner, ie the lessee of the
cadastral parcel.

The provisions of this Article shall also apply to persons whose position is regulated by the law
governing the conversion of the right of use into the right of ownership on construction land for a fee, by
entering the right of use on newly formed plots in accordance with paragraph 1 of this Article. the law
governing the conversion of the right of use into the right of ownership on construction land for a fee.

20.3a Urban-architectural competition

Article 68a
An urban-architectural competition selects a program, urban, compositional or landscape solution for a
specific location or a conceptual architectural solution for one or more buildings, as well as ground floor
or landscape arrangement of parts or the whole of the subject location.

The competition is a set of activities for collecting and evaluating author's solutions for locations that are
important for the local self-government unit.

The manner and procedure for announcing and conducting the urban-architectural competition shall be
prescribed in more detail by the minister in charge of urban affairs.

20.4. Special cases of building plot formation

Article 69
For the construction, ie installation of facilities referred to in Article 2, item 20d), 26), 26b), 27) and 44) of
this Law, electronic facilities or communication networks and devices, a construction plot may be formed
that deviates from the area or position provided by the planning document for that zone, provided that
there is access to that facility , ie these devices, for the purpose of maintenance and elimination of faults
or breakdowns on them. The registered right of servitude on the parcels of the easement in favor of the
parcels on the privileged good, ie the contract on establishing the right of servitude of the passage
concluded with the owner of the servitude, ie the consent of the owner of the servitude, ie the decision
on expropriation the establishment of that right of servitude finally in administrative proceedings,

For installation of transformer stations 10 / 0.4 kV, 20 / 0.4 kV 35 / 0.4 kV and 35/10 kV, measuring and
regulating stations for gas at consumers, electricity distribution, electricity transmission, anemometric
and meteorological poles, as well as poles electronic communications, no special building plot is
formed.

For facilities referred to in paragraph 1 of this Article, which consist of underground and aboveground
parts, the construction plot is formed only for parts of those facilities that are related to the land area
(main building, entry and exit points, manholes, etc.), while no special construction plot is formed for the
underground parts of these facilities in the route of the corridor.

No special construction plot is formed for overhead power lines and wind turbine blades.

The competent authority allows the construction of facilities referred to in para. 2 and 4 of this Article, as
well as underground parts of the facilities referred to in paragraph 1 of this Article in the route of the
corridor, on existing plots, without the obligation of parcelling or re-parcelling in order to build these
facilities, ie does not request as special evidence in the procedure that is, re-parcels built in accordance
with this law.

If the above-ground parts of line infrastructure facilities, with the exception of overhead power lines,
extend over the territory of two or more cadastral municipalities, before issuing the use permit, one or
more construction plots are formed, so that one construction plot represents the sum of parts of
individual cadastral parcels. municipalities, except in the case when a contract on the right of servitude
has been submitted as proof of resolved property-legal relations in the procedure of issuing a
construction permit, in accordance with this Law.
Objects from st. 1 and 2 of this Article may be built on agricultural land, regardless of the cadastral class
of agricultural land, as well as on forest land, without the need to obtain the consent of the ministry
responsible for agricultural affairs. For the purposes of construction of the said facilities on agricultural
and forest land, the provisions of this Law relating to re-parcelling, parcelling and correction of the
boundaries of neighboring parcels, as well as provisions on deviations from the area or position
provided by the planning document in accordance with paragraph 1 of this Article , as well as the
provisions on the non-existence of the obligation of parcelling, ie re-parcelling from para. 2, 3, 4 and 5 of
this Article, if they are applicable depending on the type of facilities.

Land above the underground line infrastructure facility or below the above-ground line infrastructure
facility does not have to be a public area. Above the underground infrastructure facility or below the
above-ground line infrastructure facility, facilities in accordance with this Law may exceptionally be built,
provided that technical conditions are obtained in accordance with a special law, depending on the type
of infrastructure facility.

As a proof of resolved property-legal relations on the land, for the facilities from para. 1 and 2 of this
Article, in addition to the evidence prescribed by Article 135 of this Law, a contract on establishing the
right of servitude, ie a contract on lease of privately owned land with the land owner, concluded in
accordance with special regulations, as well as a contract on establishing the right of servitude
concluded with the owner or user of land who has public authority, for a period determined by the owner
or user of the land, as well as the decision on establishing the right of servitude by expropriation on that
land for that purpose, finally in administrative proceedings, and final decision non-litigation court on the
establishment of the right of servitude on that land for that purpose. To build, upgrade or reconstruction
of communal infrastructure and line infrastructure and electric power facilities, as proof of resolved
property and legal relations on the land, instead of the prescribed evidence from this article and other
evidence prescribed by this law, a list of cadastral parcels with attached consents of owners or users
may be submitted. land, ie the statement of the investor that he will resolve the property-legal relations
on the real estate before issuing the use permit. When the contract on establishing the right of servitude,
the contract on land lease or the consent of the owner or user of the land, ie the decision on establishing
the right of servitude by expropriation or the final decision of the non-litigation court on establishing the
right of servitude is attached as proof of resolved property-legal relations on the land,

When the Republic of Serbia is the owner of construction land on which the right of use is not registered
in favor of another person, the Republic Property Directorate of the Republic of Serbia, on behalf of the
Republic of Serbia, gives consent which is registered as a note or concludes an agreement within 30
days from the day of submitting a proper request.

On the land above the underground parts of the facility referred to in paragraph 1 of this Article and on
the land below the overhead power lines and wind turbine blades, the investor has the right to pass
under or fly over the land, with the obligation of the owner or holder of the land not to interfere object.

In the case referred to in paragraph 11 of this Article, no proof of resolved property-legal relations in
terms of paragraph 9 of this Article shall be submitted, nor shall a construction plot be formed for the
subject land, regardless of the purpose of the land.
Above or below the engineering facilities that represent the public line infrastructure or on the
constructed parts of that facility, on which the planning document envisages construction, new cadastral
parcels may be formed in accordance with the rules governing parcelling, ie reparcelling.

The right of ownership on the newly formed cadastral parcels referred to in paragraph 13 of this Article
shall be registered in favor of the owner of the engineering facility.

Investor for the construction of facilities from para. 1 and 2 of this Article has the right of passage and
transit through the neighboring and surrounding land owned by other owners, for the purpose of
performing works during construction, when required by the technological procedure and in a manner
consistent with such technological procedure.

All owners and holders of neighboring and surrounding land are obliged to provide unimpeded access to
the construction site and suffer the performance of works for the needs of construction of facilities or
devices referred to in paragraph 1 of this Article.

The investor is obliged to compensate the owners or holders of land referred to in paragraph 12 of this
Article, as well as neighboring or surrounding land referred to in paragraph 13 of this Article, damage
caused by works, passage and transportation, or to return the land to its original condition. If no
agreement is reached on the amount of damages, the decision on damages is made by the competent
court.

20.5. Determination of land for regular use of the facility in special cases

Article 70
Land for regular use is the land under the building and the land around the building, which meets the
conditions for a construction plot and which, according to the conducted procedure, in accordance with
this law, becomes a cadastral parcel.

Land for regular use of a building built in an open apartment block and residential complex is land under
the building, and at the request of the applicant in the process of legalization or legalization, the
competent authority may designate construction land under the building as land for regular use, with the
applicant's obligation to within five years from the day the decision on legalization becomes final, initiate
the procedure for determining the land for regular use, in accordance with this Law.

The records of cadastral parcels from the legalization procedure referred to in paragraph 2 of this Article
shall be kept by the body that issued the decision on legalization, with the obligation to submit each
decision referred to in paragraph 2 of this Article to the body responsible for property and legal
affairs. When the facility is built on land in the public property of the Republic of Serbia, a copy of the
decision is submitted to the Republic Directorate for Property of the Republic of Serbia.

If the subject of acquisition is only the land under the building referred to in paragraph 2 of this Article in
an open residential block or residential complex, or a building with multiple entrances, the competent
authority shall determine the area of that land, based on a copy of the plot plan. a plot on which the
competent authority may determine by a decision the right to build a facility. The investor of the
construction of the facility on that construction plot has the obligation to form a cadastral parcel before
issuing the decision on the use permit.
In a condominium, the investor, ie the owner or lessee of the land on which the constructed facilities are
located, manages the land around the facilities, in a way that organizes the maintenance of the land,
until the completion of construction of all facilities and obtaining use permits. After the completion of the
construction of all facilities and obtaining use permits, the investor or owner or tenant of the land,
transfers the land around the facilities to the owners of special parts, free of charge legal work, who
further take over management and maintenance.

Owners of special parts of the building built in an open residential block or residential complex have the
right to register a share on the construction land below the building after the decision on the use permit
for the building in question becomes final.

If the subject of acquisition is only the land under the building referred to in paragraph 2 of this Article for
the purposes of legalization, the competent authority, by a decision terminating the legalization
procedure until resolving property-legal relations on the land on which the illegally constructed building
is located, the basis of a copy of the plot plan with the basis of the existing building drawn. The owner of
the building that is the subject of legalization on that construction plot has the obligation to form a
cadastral parcel before issuing the decision on legalization of the building.

In the case referred to in paragraph 6 of this Article, if the land under the building is in public ownership
of the Republic of Serbia, the competent authority in the process of legalization of the determined land
area shall obtain the consent of the Republic Property Directorate of the Republic of Serbia.

The act referred to in paragraph 7 of this Article is a document suitable for the formation of a cadastral
parcel. After the formation of the cadastral parcel, the Republic Directorate for Property of the Republic
of Serbia alienates the newly formed cadastral parcel to the owner of the facility referred to in paragraph
6 of this Article, in accordance with this and a special law.

The request for determining the land for regular use of the facility and the formation of the construction
plot shall be submitted to the body of the local self-government unit responsible for property and legal
affairs (hereinafter: the competent authority), if:

1) the existing cadastral parcel on which the facility was built represents only the land below the facility,
except in the case prescribed by this Law;

2) it is a facility for which a request for legalization has been submitted for which the competent authority
has determined that there is a possibility of legalization in terms of meeting the previous conditions and
issued a conclusion terminating the legalization procedure in order to resolve property relations on land
or building registered in the records on real estate and rights to them in accordance with previously valid
laws governing the legalization of buildings or on the basis of the Law on Legalization of Buildings
("Official Gazette of RS", No. 95/13 and 117/14), when such a building is built on construction land on
which the Republic of Serbia, autonomous province, local self-government unit or legal entity whose
founders are the Republic of Serbia, autonomous province, local self-government unit or some other
legal entity is registered as the holder of the right of use, ie owner,that is, a natural person;

3) it is a building that is registered in the records of real estate and rights to them in accordance with the
Law on Special Conditions for Registration of Property Rights on Buildings Built without a Building
Permit ("Official Gazette of RS", No. 25/13), when such a facility built on construction land on which the
Republic of Serbia, autonomous province, local self-government unit or legal entity founded by the
Republic of Serbia, autonomous province, local self-government unit or some other legal or natural
person is registered as the holder of the right of use, ie owner.

Along with the request referred to in paragraph 9 of this Article, the owner of the facility shall submit
proof of ownership and grounds for acquisition, ie proof that upon the submitted request the body
responsible for legalization has determined the possibility of legalization, ie made a decision on
legalization affairs of state survey and cadastre, whether marking, ie formation of cadastral parcel has
been performed and on what basis.

Upon receipt of the request referred to in paragraph 9 of this Article, the competent authority shall obtain
ex officio from the authority responsible for urban affairs a report on whether the existing cadastral
parcel meets the conditions to be designated as land for regular use of facilities and conditions for
construction parcels. In order to determine the land for regular use of the building, it is necessary to
prepare a project of re-parcelling, ie parcelling, whether there are urban conditions for making these
projects, ie obtain an opinion, if marking or formation of cadastral parcel has already been done, If the
body for urban affairs determines that it is necessary to prepare a project of re-parcelling, ie parcelling,
the report shall also contain a proposal for the formation of a construction parcel.

The report referred to in paragraph 11 of this Article, as well as the project of re-parcelling, ie parcelling,
shall be prepared in accordance with the conditions contained in the valid planning document, and
especially with the conditions related to the position of the existing facility. manner of access to the
cadastral parcel, general minimum in terms of area that the parcel must meet in relation to the purpose
and area of the existing facility or in accordance with the general rules for forming a building plot
prescribed in the regulation governing general rules for parcelling, regulation and construction.

If the report referred to in paragraph 11 of this Article contains the obligation to prepare a project of re-
parcelling, ie parcelling, the competent authority shall inform the applicant of the need to prepare a
project, with a proposal for the formation of a cadastral parcel.

If, based on the report referred to in paragraph 11 of this Article, it is determined that there are no urban
conditions for the preparation of the re-parcelling project, the competent authority shall notify the
applicant, who has the right to file a complaint to the municipal or city council.

Before making a decision on alienation of land, ie before making a decision on legalization of the
building, ie before registering the property rights of the owner on special parts of the building, there is an
obligation to form a special cadastral parcel under the building and register the newly formed parcel in
real estate records.

The decision on determining the land for regular use and the formation of the construction plot,
according to the conducted procedure, is made by the competent authority.

The decision referred to in paragraph 16 of this Article determines all the elements necessary for the
formation of the cadastral parcel, ie it is determined that the existing cadastral parcel is also a
construction parcel, and an integral part of the decision is a confirmed re-parcelling project. the
cadastral parcel has already been marked, ie formed.

The decision referred to in paragraph 16 of this Article determines the termination of the right of use, ie
the property rights of the previous user, ie the owner of the construction land and the right of the building
owner to acquire the right of ownership on the construction land, which is determined as land prices, in
accordance with this law.

An appeal against the decision referred to in paragraph 16 of this Article may be lodged with the ministry
competent for construction affairs, within eight days from the day of delivery of the decision.

The final decision referred to in paragraph 16 of this Article is the basis for implementing the change in
the body responsible for state survey and cadastre.

If the construction parcel was formed by September 11, 2009 in accordance with the law, the competent
authority accepts this fact as an acquired right in the procedure of determining land for regular use of
the facility, ie such cadastral parcel is considered a parcel used for regular use of the facility. , and the
right of ownership on that plot will be registered in accordance with the law.

The procedure referred to in paragraph 21 of this Article shall be conducted by the body responsible for
state survey and cadastre, based on evidence that the construction plot was formed, ie marked before
September 11, 2009.

The right of permanent use of a parking space in an open residential block and a residential complex,
which the investor transferred to a third party through a legal transaction, may be further traded and
disposed of in the scope of acquired rights. This legal transaction does not meet the conditions for the
registration of property rights in the register of real estate and rights to them, but the legal transaction by
which this right is transferred can be entered as a note in the register of real estate and rights to them.

Art. 71-81
(Deleted)

IV BUILDING LAND
1. The concept of building land

Article 82
Construction land is land determined by law or a planning document for the construction and use of
facilities, as well as land on which facilities are built in accordance with the law.

2. Use of construction land

Article 83
Construction land is used according to the purpose determined by the planning document, in a way that
ensures its rational use, in accordance with the law.

With the entry into force of the planning document which changed the purpose of the land into
construction land, the owners of that land acquire the rights and obligations prescribed by this law and
bylaws passed on the basis of law, regardless of the fact that the authority responsible for registration of
real estate in the public book on real estate and rights records.

Construction land whose purpose has been changed in accordance with paragraph 2 of this Article, may
be used for other purposes, until the land is brought to the planned purpose.
A fee is paid for changing the purpose of the land into construction land, if it is provided by a special law.

3. Property regime

Article 84
Building land can be in all forms of ownership.

The Republic of Serbia, an autonomous province, ie a unit of local self-government, has the right of
ownership on publicly owned construction land.

Article 85
Building land is in circulation.

Publicly owned construction land is in circulation, under the conditions prescribed by this law and other
regulations.

3.1. The right to lease on construction land in public ownership

Article 86
The owner of publicly owned construction land may lease construction land for the construction of a
facility for which a temporary construction permit is issued in accordance with Article 147 of this Law, in
the case of projects of importance to the Republic of Serbia, as well as in cases provided for in Article
100 para. . 2 and 3 of this law.

When construction land is leased for the construction of facilities for which the law provides for the
issuance of a temporary construction permit, the lease agreement is concluded for a certain period of
time, up to five years.

4. Types of construction land

Article 87
Building land can be:

1) built and unbuilt;

2) arranged and unarranged.

4.1. Changing the purpose of agricultural and forest land into construction land

Article 88
When the planning document changes the purpose of agricultural and forestry into construction land,
the body responsible for adopting the planning document is obliged to submit a planning document
containing a list of cadastral documents to the body responsible for state surveying and cadastre within
15 days of its entry into force. parcels for which the purpose has been changed or a description of the
boundary of the planning document with a list of cadastral parcels with an appropriate graphic
presentation.
The body in charge of state surveying and cadastre shall, within 15 days of receiving the act referred to
in paragraph 1 of this Article, implement the change by a decision and place a note on the obligation to
pay compensation for changing the purpose of agricultural and forest land in the real estate cadastre
database. real estate.

Agricultural land whose purpose has been changed to construction land by a planning document may
be used for agricultural production until the land is brought to its intended purpose.

The decision referred to in paragraph 2 of this Article shall be submitted to the land owner, the ministry
responsible for agricultural affairs and the competent tax authority within 15 days from the day the
decision was made.

The owner of the cadastral parcel whose purpose has been changed from agricultural and forest to
construction land, is obliged to pay a fee for changing the purpose of the land before issuing a building
permit, in accordance with the law governing agricultural land or the law governing forest land.

If the change of purpose, ie type of land from agricultural to construction was made on the basis of law,
planning document, decision of the competent authority or if the facility was built in accordance with the
law by July 15, 1992, or until the day of entry into force of the Law on Agricultural Land ("Official Gazette
of RS", No. 49/92), no fee is paid for changing the purpose of the land, regardless of the fact that a field,
vineyard, orchard, meadow, pasture, reed-swamp or infertile land is registered as a crop of a certain
class of that land.

The fee for changing the purpose of agricultural and forestry into construction land is not paid during the
construction of facilities of importance to the Republic of Serbia, as well as for the construction of public
facilities in accordance with the construction land development program when the Republic of Serbia,
autonomous province or local self-government unit , as well as public companies whose founders are
the Republic of Serbia, an autonomous province, ie a unit of local self-government.

The change of purpose from forest to construction land contained in the planning document is
considered a general interest in accordance with Article 10 of the Law on Forests ("Official Gazette of
RS", No. 30/10, 93/12 and 89/15).

From the day of entry into force of the planning document which changed the purpose of agricultural
and forest land into construction land, the owner of such land exercises all the rights of the owner of the
construction land, in accordance with this law.

The Government, at the proposal of the ministry in charge of construction affairs, determines projects for
the construction of facilities of importance to the Republic of Serbia.

Article 89
( Deleted )

4.3. Built and unbuilt building land

Article 90
Building land can be built or unbuilt.
Constructed construction land is the land on which the facilities intended for permanent use were built,
in accordance with the law.

Undeveloped construction land is land on which no facilities have been built, on which facilities without a
building permit and temporary facilities have been built.

4.4. Arranged and unarranged construction land

Article 91
Building land can be arranged and unarranged.

Arranged construction land is land that, in accordance with the planning document, is communally
equipped for construction and use (access road built, electricity network, water supply provided and
other conditions provided).

4.5. Preparation and equipping of construction land with funds of natural or legal persons

Article 92
Construction land that is not regulated in terms of this law, and is within the scope of the planning
document on the basis of which location conditions can be issued, ie construction permit, can be
prepared, ie equipped with funds of natural or legal persons.

The person referred to in paragraph 1 of this Article shall submit to the competent authority of the local
self-government unit, ie the person referred to in Article 94 of this Law, a proposal on financing the
preparation or equipping of construction land. .

The competent authority, ie the person referred to in Article 94 of this Law may conclude an agreement
with the person referred to in paragraph 1 of this Article on joint preparation or equipment of construction
land, which shall contain in particular:

1) data on the location, ie the zone in which the equipping of construction land is planned;

2) data from the planning document and technical conditions for construction;

3) data from the construction land development program;

4) boundaries of the location being prepared, ie equipment with a list of cadastral parcels;

5) dynamics and deadline for construction;

6) the obligation of the local self-government unit as an investor to provide professional supervision
during the execution of works;

7) determining the participation of each contracting party in providing, ie financing the preparation of
technical documentation and expert control of technical documentation, execution of works and
selection of contractors, as well as other costs related to equipping construction land, including the
amount and deadlines for providing financial and other funds;

8) determination of facilities that are being built and which will become the property of the local self-
government unit;
9) determining the amount of participation of the person referred to in paragraph 1 of this Article in
financing the preparation, ie equipping of construction land, which will be reduced by the amount of the
contribution for arranging construction land;

10) means of ensuring the fulfillment of obligations of the contracting parties.

5. Landscaping

Article 93
Landscaping of construction land includes its preparation and equipping.

Land preparation includes research works, preparation of geodetic, geological and other bases,
preparation of planning and technical documentation, programs for land management, resettlement,
removal of buildings, rehabilitation of terrain and other works.

In addition to the works referred to in paragraph 2 of this Article, in the areas that were exposed to war,
a check on the existence of remaining explosive devices is performed, in accordance with the law.

Equipping the land includes the construction of communal infrastructure facilities and the construction
and arrangement of public areas.

Article 94
The arrangement of construction land is done in accordance with the valid planning document according
to the medium-term and annual development programs adopted by the local self-government unit, with
care for the protection, rational and sustainable use of land.

In order to provide conditions for the arrangement, use, improvement and protection of construction
land, the Republic of Serbia, the Autonomous Province and local self-government units may establish a
company, public enterprise or other organization or provide these activities in another way, in
accordance with law. that is, the statute.

6. Sources of financing the arrangement of construction land

Article 95
Financing of arranging construction land is provided from funds obtained from:

1) contributions for arranging construction land;

2) leases for construction land;

3) alienation or exchange of construction land;

4) conversion of the right of lease into the right of ownership, in accordance with this Law;

5) other sources in accordance with the law.

6.1. Contribution to the arrangement of construction land

Article 96
A contribution to the unit of local self-government on whose territory the construction of the facility is
planned is paid for arranging the construction land.

The funds obtained from the contribution for the arrangement of construction land are used for the
arrangement (preparation and equipping) of construction land, acquisition of construction land into
public ownership and construction and maintenance of communal infrastructure facilities.

Article 97
The contribution for arranging the construction land is paid by the investor.

The amount of contributions is determined by the decision on issuing a building permit by multiplying the
base, which is the average price per square meter of new housing in the local self-government unit, ie
the city municipality, by the total net area of the building under construction, according to the latest
published data. , expressed in square meters, and with the coefficient of the zone and the coefficient of
purpose of the facility determined by the local self-government unit.

The coefficient of the zone referred to in paragraph 2 of this Article may not exceed 0.1, and the
coefficient of purpose may not exceed 1.5.

The amount of contributions for arranging construction land is reduced by the costs of infrastructural
equipping of construction land with the investor's funds, based on the contract concluded in accordance
with Article 92 of this Law, as well as by the value of land provided by the investor to the local
government unit.

The local self-government unit shall determine the coefficients referred to in paragraph 2 of this Article
by 30 November of the current year at the latest.

The investor who submits the appropriate means of securing payment has the right to pay the amount of
the contribution for arranging the construction land in at least 36 monthly installments, and the investor
who pays the fee once, before submitting the application, has the right to a reduction of at least 30%.
local self-government units.

The Assembly of the local self-government unit shall determine the zones and types of purposes of the
facility referred to in paragraph 2 of this Article, the amounts of zone coefficients and purpose
coefficients, criteria, amount and procedure of reducing contributions for arranging construction land;
reductions referred to in paragraph 5 of this Article, and other benefits for investors, the method of
valorization in case of payment in installments and other issues relevant to the calculation and collection
of contributions for construction land, in accordance with this law. benefits for the payment of
contributions for facilities of special importance for the development of local self-government units. No
reduction in the amount of the contribution for housing facilities may be envisaged, except on the basis
prescribed in paragraph 5.

The contribution for arranging construction land is not calculated for public facilities in public ownership,
communal and other infrastructure facilities, production and storage facilities in the function of
production facilities, underground floors of buildings (space intended for vehicle garages, substations,
transformer stations and switchyards, pantries, laundry rooms, etc.), except for parts of underground
floors that are used for commercial activities. The contribution is not calculated for open parking lots,
internal roads, open children's playgrounds, open sports fields and athletics tracks.
The contribution for arranging construction land is paid when the purpose of the facility, ie part of the
facility, changes from one purpose to another for which a higher amount of contribution is prescribed.

An investor who removes an existing building built in accordance with the law, ie legalized or legalized in
order to build a new building on the same location, pays a contribution for arranging construction land
only for the difference in the number of square meters of usable area between the building planned and
the building. removes.

When calculating the area of the existing facility, the gross developed construction area is determined by
inspecting the issued use permit or technical documentation on the basis of which the use permit was
issued, ie by inspecting the final decision on legalization or legalization of the facility and technical
documentation on the basis of which issued decisions.

If data on the average price per square meter of new construction are not published for a local self-
government unit, the contribution referred to in paragraph 1 shall be determined on the basis of the
average amount of average prices per square meter of new construction in all local self-government
units of the same level of development. , for which these data were published.

At the request of the local self-government unit, in order to implement a project of importance for local
economic development, the Government of the Republic of Serbia may approve the amount of
contributions in a different amount than the amount provided for in paragraph 2 of this Article.

Article 98
The amount, the manner of payment of contributions for the arrangement of construction land and the
means of security in the case of payment in installments are an integral part of the decision on the
construction permit.

When the competent authority, at the request of the investor, issues a construction permit due to
changes during construction, an integral part of that decision is a new calculation of contributions.

An integral part of the decision on the use permit is the final calculation of contributions.

No later than the submission of the application for works, the investor is obliged to pay the contribution
for arranging the construction land in full, ie if he pays in installments, to pay the first installment and
submit the means of securing payment.

As a means of securing the payment of contributions, the investor is obliged to:

1) until the moment of registration of works, submit an irrevocable bank guarantee, payable on the first
call, without objection, which reads the total amount of overdue installments and which is issued for a
period longer than three months from the due date of the last installment, or

2) establish a mortgage on a facility worth at least 30% more than the total amount of unpaid
installments, in favor of the local self-government unit.

An investor who builds a facility whose total gross developed construction area does not exceed 200
m 2 and which does not contain more than two housing units is not obliged to submit a security in case
of payment of contributions for arranging construction land in installments.

6.2. Alienation, exchange and leasing and acquisition of construction land in public ownership
Article 99
The alienation of undeveloped construction land in public ownership is carried out by public bidding or
collection of bids by public announcement, under market conditions, in accordance with this Law.

The alienation of construction land referred to in paragraph 1 of this Article, when the owner of
construction land is in public ownership of the Republic of Serbia, is carried out by the Republic Property
Directorate of the Republic of Serbia, ie the competent authority of the autonomous province. The
alienation of construction land, when the owner of the construction land is in public ownership, is carried
out by the local self-government unit, ie the person referred to in Article 94, paragraph 2 of this Law.

The exchange of real estate is also considered to be the alienation of construction land. In the case of
exchange between the owners of construction land in public, cooperative and private ownership, the
procedure of public bidding or collection of bids by public announcement is not conducted, having in
mind the legal nature of the institute of exchange. The subject of exchange can be built and unbuilt
construction land.

The conditions, manner and procedure of real estate exchange shall be determined by the Government.

The procedure, conditions, manner and program of alienation of construction land in the public property
of the autonomous province, ie local self-government unit, shall be regulated by the autonomous
province, ie local self-government unit.

Existing and planned public areas cannot be alienated from public property.

Publicly owned construction land cannot be alienated or leased if a planning document has not been
issued on the basis of when the location conditions or construction permit are issued.

The deadline for submitting applications for public bidding, ie collecting bids referred to in paragraph 1 of
this Article, may not be shorter than 30 days from the day of public announcement.

Publicly owned construction land is alienated to the person who offers the highest price for that land,
which cannot be subsequently reduced. The reduction of the maximum price is not considered a
discount granted by the owner of construction land in public ownership for a one-time payment of a
certain price, in accordance with the bylaw or general act of the landowner which regulates the disposal
of construction land.

Notwithstanding the provision of paragraph 9 of this Article, a local self-government unit may alienate
undeveloped construction land at a price lower than the market price or alienate construction land free
of charge, with previously obtained consent of the Government, if it is an investment project.
development.

Detailed conditions and manner for alienation of construction land referred to in paragraph 10 of this
Article shall be prescribed by the Government, in accordance with the regulations on state aid control.

Notwithstanding the provision of paragraph 9 of this Article, the Republic of Serbia, autonomous
province, ie local self-government unit, may alienate construction land at a price lower than the market
price or alienate without compensation, when it comes to fulfilling contractual obligations arising before
the date of entry into force of this Law, on the basis of a contract in which the Republic of Serbia is one
of the contracting parties, ie alienate or lease at a price or lease that is lower than the market price or
alienate or lease free of charge when it comes to construction projects of importance for the Republic of
Serbia, as well as when it comes to mutual disposal between the owners of construction land in public
ownership. Detailed conditions, manner and procedure of alienation of construction land shall be
prescribed by the Government.

The competent authority shall issue a decision on the alienation or exchange of publicly owned
construction land, following a public bidding, bidding or direct agreement procedure, which shall be
delivered to all participants in the public bidding or bidding procedure.

The owner of the publicly owned construction land and the person to whom the construction land is
being alienated shall conclude a contract within 30 days from the day the decision referred to in
paragraph 13 of this Article is made.

Publicly owned construction land may be leased in the case referred to in Article 86 of this Law.

The contract on lease of construction land in public ownership contains in particular: data on the
cadastral parcel, purpose and size of the future facility, the amount of rent, the duration of the lease, the
term and manner of payment of contributions for land development, conditions for development if , the
period within which the land must be brought to the purpose, rights and obligations in case of default,
manner of resolving disputes, as well as the procedure and conditions for amending or terminating the
contract, as well as the conditions under which the tenant may be given ownership. When the lease
agreement provides for payment in several installments, it is obligatory to prescribe the manner of
harmonization of the lease amount with the consumer price index in the Republic of Serbia, according to
the published data of the competent organization for statistics.

The owner of the publicly owned construction land shall regulate in more detail the conditions,
procedure, manner and content of the contract on alienation or leasing.

A participant in a public tender, ie a participant in the bidding procedure who considers that the
construction land has been alienated or leased contrary to the provisions of this Law, and that his right
has been violated, may file a lawsuit for annulment of the contract within eight days. knowledge of the
conclusion of the contract, and no later than 30 days from the date of conclusion of the contract.

Construction land is acquired in public ownership in accordance with the provisions of the Law on Public
Property which refer to the acquisition of other real estate in public ownership.

Acquisition of undeveloped construction land into public ownership for the purpose of arranging public
areas may, except in the procedure prescribed by the law governing expropriation, be carried out by
agreement with the owner of construction land, in the manner and procedure regulated by the general
act of local government.

Acquisition of construction land into public ownership is also considered an exchange of real estate.

Article 100
Publicly owned construction land can be alienated or leased by direct agreement in the case of:

1) construction of facilities for the purpose of performing activities within the competence of state bodies
and organizations, bodies of units of territorial autonomy and local self-government, as well as other
facilities in public ownership;
2) correction of the boundaries of neighboring cadastral parcels;

3) formation of a construction plot in accordance with Article 70 of this Law;

4) alienation from Article 99, para. 10 and 12 of this Law, ie leasing referred to in Article 86;

5) consensual granting of land to the previous owner of the real estate that was the subject of
expropriation, in accordance with the regulations on expropriation;

6) alienation of undeveloped construction land in the procedure of returning confiscated property and
compensation in accordance with a special law;

6a) exchange of construction land in case of displacement of a family residential building located on
unstable terrain with an active geodynamic process that causes ground movement;

6b) alienation of construction land to another co-owner of the same real estate, by right of pre-emption,
in accordance with the law governing the basis of property relations and real estate transactions;

7) exchange of construction land.

In case of granting a concession or entrusting communal activities in accordance with special laws,
construction land may be leased free of charge, ie with a fee lower than the market, for a period of time
provided by the concession agreement, which may not be longer than the period , ie for the period of
time entrusted with the performance of communal activities.

For the purpose of realizing a public-private partnership, undeveloped construction land in public
ownership may be leased free of charge, ie with a lower than market fee, to a private partner for the
term for which the public contract was concluded in accordance with the law governing public-private
partnership. concessions, which cannot be longer than the period for which it was concluded, ie entered
as a founding contribution to companies, and the owner of publicly owned construction land may
conclude an agreement with a natural or legal person on joint construction of one or more facilities.

Undeveloped construction land in public ownership can be entered as a founding investment in a public
company.

The Government shall prescribe in detail the manner and conditions for investment referred to in para. 3
and 4 of this Article.

The Government shall decide on the alienation, exchange, lease and acquisition of construction land in
public ownership of the Republic of Serbia referred to in Article 99 of this Law in accordance with the
provisions of this Law and other special laws.

7. Amendment of the construction land lease agreement

Article 101
If the owner of the facility changes, ie a special physical part of the facility that is built or is being built on
public construction land, which is used on the basis of a lease agreement concluded in accordance with
the law, the lessor will, at the request of the tenant or owner lease agreement so that a new owner of the
facility, ie part of the facility, will take the place, ie next to the previous tenant.
Along with the request for amendment of the lease agreement, the contract on the purchase of the
facility or the purchase of the facility under construction, ie other legal basis acquiring the right of
ownership on the facility or facility under construction, certified in accordance with the law, with the tax
administration certificate on that legal basis or with a certificate from the tax administration on exemption
from tax liability, ie a final decision on inheritance.

The lessor concludes with the new owner of the facility a contract on the change of the lease contract,
which after signing represents the basis for changing the registration of the lessee in the public book on
real estate records and rights to them. The rights and obligations for the new tenant arise on the day of
the entry of the lease rights in the public book on real estate and rights to them.

Upon registration of ownership rights to the facility that was built or for which a construction and use
permit was subsequently issued in the legalization procedure on construction land used on the basis of
a lease agreement concluded in accordance with this Law, at the request of the lessee, the lessor and
the lessee termination of the lease agreement and possibly another agreement in accordance with the
applicable regulations, which will regulate the manner and conditions of settlement, ie fulfillment of
contractual obligations from the lease agreement.

Conditions, manner and procedure for amending the contract referred to in paragraph 4 of this Article
(manner of transferring the remaining debt, exemption from payment of the agreed rent if the market
value of construction land is paid, giving consent for conversion of lease into ownership without
compensation, etc.) publicly owned construction land.

8. Conversion of the right of use into the right of ownership on construction land
without compensation

Article 102
The right to use construction land is transformed into the right of ownership, free of charge.

The right of ownership referred to in paragraph 1 of this Article shall be acquired on the day this Law
enters into force, and the registration of property rights shall be performed by the body competent for
state survey and cadastre affairs, ex officio.

The right of ownership on the cadastral parcel is registered in favor of the person registered as the
owner of the facility, ie facilities located on that parcel, ie owned by the person registered as the holder
of the right of use on the cadastral parcel on undeveloped construction land, except for persons position
regulated by the law governing the conversion of the right of use into the right of ownership on
construction land for a fee.

Republic of Serbia, autonomous province, ie local self-government unit, which are registered as holders
of the right to use undeveloped and built state-owned land in the public book on real estate records and
rights to them, on September 11, 2009, as the day of entry into force The Law on Planning and
Construction ("Official Gazette of RS", No. 72/09), terminates the right to use these real estates and
becomes public property, in favor of the Republic of Serbia, an autonomous province or local self-
government unit, free of charge.
Legal entities founded by the Republic of Serbia, an autonomous province, ie a unit of local self-
government, registered as holders of the right to use undeveloped and constructed state-owned land in
the public book on real estate records and rights to them, on September 11, 2009, as the day of entry
into force of the Law on Planning and Construction, the right of use on these real estates ceases and
passes into the right of public ownership of the founder, free of charge.

The founder referred to in paragraph 5 of this Article shall also be considered a member of a one-
member company or the only shareholder in the company.

The right of ownership acquired in accordance with para. 3 and 4 of this Article produces legal effect
from September 11, 2009, as the day of entry into force of the Law on Planning and Construction, and
entry of property rights in the public book on real estate records and rights to them in favor of the
Republic of Serbia, Autonomous Province , ie local self-government units, has a declarative character.

For foreign states, for the needs of their diplomatic and consular missions, the right to use public and
undeveloped construction land in public ownership is converted into the right of ownership based on
previously obtained consent of the ministry responsible for justice, on the basis of reciprocity.

The provisions of paragraph 1 of this Article shall not apply to persons whose position, rights and
obligations are regulated by the law governing the conversion of the right of use into the right of
ownership on construction land for a fee.

At the request of a person who has a registered right of use on construction land and who is obliged to
pay a fee for converting the right of use into the right of ownership on construction land, the termination
of the right of use on construction land may be determined by a decision.

Legal entities that are registered as holders of the right to use construction land, and which have ceased
to exist, the decision referred to in paragraph 10 of this Article determines the termination of the right to
use construction land and register the right of public ownership in favor of the registered holder of public
property .

Termination of the right of use is determined in a procedure conducted by the competent body of the
local self-government unit responsible for property and legal affairs.

The procedure referred to in paragraph 12 of this Article shall be initiated by the competent Attorney's
Office upon request, and when the owner of the Republic of Serbia is registered, the procedure shall be
initiated by the State Attorney's Office or the Republic Property Directorate of the Republic of Serbia.

Along with the request referred to in paragraph 13 of this Article, the following shall be submitted: proof
that the company, ie other form of organization is not registered in the register of business entities and
that there is no legal successor; act on deletion from the register of economic entities, as well as other
evidence on the basis of which the termination of the company, ie other form of organization can be
determined in a reliable manner.

According to the finality of the decision which determined the termination of the right of use of the
previous holder of the right of use on construction land, that decision represents the basis for deleting
the right of use on construction land.
In the case referred to in paragraph 15 of this Article, the right of public property shall remain registered
with the previous holder of public property.

Article 103
Owners of buildings built on publicly owned construction land for which a lease agreement has been
concluded for construction, lasting at least 50 years, in accordance with previously applicable laws on
planning and construction, at the request of the tenant - owner of the building or part of the building,
property on construction land, free of charge, if the amount of rent for the period covered by the lease
agreement has been paid in full.

Tenants on construction land in public ownership, for which a lease agreement has been concluded for
construction, lasting at least 50 years, in accordance with previously valid laws on planning and
construction, at the request of the tenant, the right of ownership on construction land is determined, free
of charge , if the amount of rent for the period covered by the lease agreement has been paid in full,
unless the lessor initiates court proceedings for termination of the lease agreement within one year from
the day this Law enters into force, and the dispute ends in his favor. .

Tenants on publicly owned construction land, for whom a lease agreement has been concluded free of
charge in accordance with the provisions of this Law, at the request of the lessee, the right to lease is
converted into ownership on construction land free of charge, when the decision on the use permit that
land becomes final, if it is provided by the lease agreement.

Along with the request for registration of property rights for persons from para. 1 and 2 of this Article, the
body responsible for the registration of property rights shall be provided with proof that the amount of
rent has been paid in full.

The conditions and procedure for converting the right of lease into the right of ownership shall be
regulated by the owner of the land in public ownership.

The provision of paragraph 1 of this Article shall not apply to persons whose position is regulated by the
law governing the conversion of the right of use into the right of ownership on construction land for a
fee.

Registration of property rights in favor of persons from para. 1 and 2 of this Article, shall be performed
by the body responsible for keeping records of real estate and rights to them, at the request of those
persons.

Article 104
If there is a building on the cadastral parcel, ie buildings co-owned by different persons or the building is
composed of special parts owned by different persons, whose shares in the land are undetermined, at
the request of the person acquiring ownership of construction land in accordance with Article 102 of this
Law, the body responsible for state survey and cadastre shall enter in the real estate records and rights
to them that the cadastral parcel is co-owned by those persons, and that the share of these persons is
in proportion to the area they own in relation to the total area which are located on that parcel,
regardless of whether the registration of property rights in accordance with Article 102 of this Law has
already been carried out in that record.
If the existing building is not registered in the real estate records and rights to them on the cadastral
parcel, the request for registration of ownership rights on the construction land - cadastral parcel on
which the building was built can be submitted only after the new building is registered in the real estate
register. the basis of a final court decision ordering such registration.

9. Land for regular use of the facility

Article 105
The owner of a building, ie a special physical part of a building that is not registered as the holder of the
right to use the construction land on which the building or part of the building was built, acquires
ownership of the cadastral parcel on which the building was built, in order to establish the unity of real
estate of this law.

When the right of ownership of a building is acquired on the basis of legalization, ie legalization of the
building, ie on the basis of the Law on Special Conditions for Registration of Ownership Rights on
Buildings Built without a Building Permit ("Official Gazette of RS", No. 25/13), determination of land for
regular use of the facility, in accordance with Article 70 of this Law.

Registration of property rights on construction land from para. 1 and 2 of this Article shall be performed
on the basis of the decision referred to in Article 70 of this Law. The body in charge of property and legal
affairs, after becoming final, submits that decision ex officio to the body in charge of state survey and
cadastre.

The request for registration of property rights referred to in paragraph 1 of this Article shall be submitted
to the body responsible for state survey and cadastre.

A person whose position is regulated by the law governing the conversion of the right of use into the
right of ownership on construction land for a fee, and who is the owner of the object or part of the object
on the construction land where he is not registered as the holder of the right of use, acquires the right of
ownership. the law governing the conversion of the right of use into the right of ownership on
construction land for a fee.

If in the procedure of determining the land for regular use of the facility prescribed by Article 70 of this
Law it is determined that the area of the cadastral parcel also represents land for regular use of the
facility in accordance with this Law, the owner of the existing facility acquires ownership of that
construction land at market price. by direct agreement.

If in the procedure of determining the land for regular use of the facility prescribed by Article 70 of this
Law it is determined that the land for regular use of the facility is less than the cadastral parcel on which
the facility was built, the landowner may, if the remaining land cannot be formed to alienate the
remaining part of the land to the owner of the facility at the market price, by direct agreement.

If in the procedure of determining the land for regular use of the facility prescribed by Article 70 of this
Law it is determined that the land for regular use of the facility is less than the cadastral parcel on which
the facility was built, the owner of the land, if a land in accordance with this law.

In the case referred to in paragraph 6 of this Article, the body responsible for property and legal affairs of
the local self-government unit on whose territory the subject land is located shall determine the land for
regular use and the right to convert the right of use into the right of ownership in accordance with this
Law.

Upon the finality of the decision referred to in paragraph 9 of this Article, the owner of the facility in
accordance with this Law acquires the right to register ownership of construction land in the public book
on real estate records and rights to them.

10. Establishing the unity of real estate

Article 106
Upon completion of the procedure of converting the right of use into the right of ownership on
construction land, in accordance with this law, the cadastral parcel of constructed construction land
together with the buildings built on it becomes the only subject of property rights (unity of real estate).
existed on the building, ie a special part of the building, from the moment of registration of property
rights are transferred to that cadastral parcel, ie part of the cadastral parcel of the owner of that special
part, unless a long-term lease is established on that land in accordance with this law.

In the case when several buildings of different owners are built on one cadastral parcel, the unity of real
estate referred to in paragraph 1 of this Article is established by the parcelling procedure, so that a
separate cadastral parcel is formed for each building after parcelling.

In the case when several co-users, ie co-owners are registered on one parcel, and only one of them is
the owner of the building built on that parcel, the unity of real estate referred to in paragraph 1 of this
Article shall be established by the parcelling procedure for the cadastral parcel. while other parcels are
formed as cadastral parcels of undeveloped construction land.

Parcelling from st. 2 and 3 of this Article shall be implemented on the basis of the consent of the owner
of the existing facilities or land.

In the event that the agreement referred to in paragraph 4 of this Article is not reached, the interested
person may initiate proceedings for the dissolution of the co-ownership community with the competent
court. Based on the final court decision, the parcelling from para. 2 and 3 of this Article before the body
responsible for state survey and cadastre.

When drafting a parcelling project for the purpose of dissolving the co-ownership community in court
proceedings, the provisions on the minimum area of the construction plot, access to public traffic area,
height and distance of buildings, which are prescribed by the planning document for that zone, do not
have to be applied.

The provisions of this Article relating to the dissolution of the co-ownership community shall also apply
to persons whose position is regulated by the law governing the conversion of the right of use into the
right of ownership on construction land for a fee, in order to dissolve the co-beneficiary community
and . The right of use is entered on the newly formed cadastral parcels.

Article 106a
(Deleted)

11. Urban consolidation


Article 107
Urban land consolidation (hereinafter: land consolidation) is a procedure by which existing cadastral
parcels in the area for which a general plan or detailed regulation plan has been adopted (hereinafter:
land consolidation area) are converted into construction parcels, in accordance with the valid planning
document. the basis of the confirmed project of urban consolidation, with the aim of rational use and
arrangement of construction land, while resolving property and legal relations that arise in this
procedure.

Land consolidation is in the public interest for the Republic of Serbia.

Land consolidation is carried out if there are cadastral parcels in a certain area that due to area, shape,
position or inability to access public space do not meet the requirements for a construction plot or if
there are other aggravating circumstances for efficient and economical implementation of planning
documents and rational use of construction land. The consolidation procedure is carried out in
compliance with the principle of inviolability of the real rights of the owners of cadastral parcels, the
principle of equal value and the principle of allocating new cadastral parcels while fulfilling the public
interest.

The subject of land consolidation are all cadastral parcels in the land consolidation area that make up
the land consolidation mass, except for cadastral parcels:

1) on which facilities have been built and cadastral parcels have been formed in accordance with the
valid planning document;

2) undeveloped construction land that meets the conditions for a construction parcel in accordance with
the valid planning document with a request for exclusion from the consolidation mass of all holders of
real rights on the cadastral parcel;

3) public purposes that are arranged or built in accordance with the valid planning document.

Land consolidation mass is construction land within the land consolidation area, which consists of
allocated areas intended for the construction of areas or public facilities that are allocated to the holders
of public property rights in accordance with the law and allocated areas for redistribution allocated to
other holders of real rights.

Allocated areas for public purposes referred to in paragraph 5 of this Article shall be determined before
the formation of construction plots for redistribution to other holders of real rights.

In the procedure of land consolidation, the right of ownership is transferred to the newly formed
cadastral parcels, as well as the burdens if they were registered on the cadastral parcel which was
entered into the land consolidation mass.

The parties in the consolidation procedure are the owners and holders of other real rights on the
construction land which is the subject of consolidation, persons who have a legal basis for registration of
property rights on real estate, but that right is not entered in the public book on real estate records and
rights to them. the force of the decision on consolidation, as well as the unit of local self-government on
whose territory the consolidation procedure is conducted. In order to protect and realize the interests of
the Republic of Serbia or the Autonomous Province, persons with a legal interest in the consolidation
procedure, in terms of the provisions of this Law, are also authorized representatives of the Republic of
Serbia or the Autonomous Province.

The consolidation procedure is carried out by the commission for urban consolidation (hereinafter: the
commission), which is formed by the assembly of the local self-government unit on whose territory the
consolidation procedure is carried out. The consolidation procedure is also carried out by a commission
formed by the minister responsible for urban affairs, in the case when the consolidation area includes
construction land located on the territory of two or more local self-government units.

The government, at the proposal of the ministry in charge of urban affairs, is forming a republic
commission for urban consolidation.

Article 108
Before making a decision on land consolidation, the commission, at the request of the owner or other
holders of real rights on cadastral parcels whose area represents at least 51% of the area for which the
general plan or detailed regulation plan is adopted, determines the merits of the request within ten days.
requires. The Ministry in charge of urban planning or the assembly of the local self-government unit may
initiate the procedure of urban consolidation for the needs of construction of public facilities in public
ownership, in which case the commission proposes to the ministry in charge of urban affairs, ie the
assembly of the local self-government unit.

If the commission determines the fulfillment of the conditions referred to in paragraph 1 of this Article, in
the further procedure it shall proceed to determine the boundaries of the land consolidation area and
determine the parties in the procedure. The Commission for Consolidation on Established Facts
prepares a report, which is publicly available to all interested parties and which is published on the
digital platform of the National Geospatial Data Infrastructure with the established limit.

After determining the fulfillment of the conditions for consolidation, the commission for consolidation
proposes to the assembly of the local self-government unit to make a decision on consolidation. After
making the decision, it is published in the public gazette of the local self-government unit and at least
one local and one daily newspaper in the Republic of Serbia, as well as on the digital platform of the
National Geospatial Data Infrastructure and is the basis for . After the entry of the note, changes in the
land consolidation area are possible only with the consent and decision of the commission. The ban on
changes without the consent of the commission lasts until the end of the consolidation process, ie until
the moment of deleting the entry in the public book on real estate records and rights to them.

After the decision of the competent body on land consolidation, upon the proposal of the commission,
the body in charge of urban planning, within eight days from the day the decision on land consolidation
enters into force, publishes a public call for reporting and determining the necessary data for land
consolidation in the Official Gazette of Serbia. , ie the public media of the local self-government unit and
at least one local and one daily newspaper in the Republic of Serbia, as well as on the digital platform of
the National Infrastructure of Geospatial Data.

The decision on land consolidation is the basis for entering a note on the implementation of land
consolidation in the public book on real estate records and rights to them. After the entry of the note,
changes in the land consolidation area are possible only with the consent and decision of the
commission. The ban on changes without the consent of the commission lasts until the end of the
consolidation process, ie until the moment of deleting the entry in the public book on real estate records
and rights to them.

The deadline for application referred to in paragraph 4 of this Article is 30 days from the date of
publication of the public invitation, within which the commission is obliged to conduct a public
presentation and acquaint interested parties with the principles of land consolidation and redistribution
of construction land. After the end of the public presentation, the commission for land consolidation
starts drafting the land consolidation project.

The land consolidation project is prepared in accordance with the rules of parcelling and reparcelling
contained in the current planning document and the rules of land consolidation, with a clear presentation
of the existing and newly planned situation, with all factual, spatial and legal changes that will occur in
the land consolidation area. After the drafting, the land consolidation commission organizes a public
inspection of the land consolidation project for 30 days.

The parties in the consolidation procedure have the right to object to the proposed solutions from the
consolidation project within 30 days from the day the public inspection deadline expires.

The Commission decides on the complaint within eight days from the day of receipt of the complaint,
and the report containing data on public insight, with all objections and complaints, with decisions on
complaints, is submitted to the processor of the land consolidation project. complete the consolidation
project, in accordance with the decisions of the commission. The land consolidation project is submitted
to the commission, the body of the local self-government unit responsible for urban affairs and the
Republic Geodetic Authority for confirmation.

After confirmation by the body referred to in paragraph 9 of this Article, the consolidation project shall be
published in the "Official Gazette of the Republic of Serbia", ie the official gazette of the local self-
government unit and on the digital platform of the National Geospatial Data Infrastructure.

Upon entry into force, the consolidation project is submitted to the body of the local self-government unit
responsible for property and legal affairs, which, upon the conducted procedure, makes a decision on
consolidation.

An appeal against the decision on urban consolidation may be lodged with the ministry in charge of
urban planning within 15 days from the day of receipt of the decision.

The final decision on land consolidation, with proof of paid fees in the land consolidation procedure, is
the basis for the entry of the newly formed cadastral parcel in the public book on real estate records and
rights to them.

Article 108a
The redistribution of construction plots is done by allocating, whenever possible, the owner of
construction land with a position that is the same or similar to the land entered in the land consolidation
mass, based on area measures or value measures.

Based on the measures of the land area, each owner has a construction land in the area of the plot that
is included in the land consolidation mass, reduced by the share in the area that will be used for public
purposes and determined by the land consolidation commission.
Based on the measure of land value, each owner has one or more construction plots, whose market
value after land consolidation (post-land consolidation value) corresponds to the lowest value of
construction land entered in the land consolidation mass (pre-land consolidation value).

In the event that there is a difference in the area between the allocated and entered area, and after
deducting part of the area for public purposes (according to the criterion of entered area and entered
land value), that difference is compensated in cash.

Cash benefits are determined by the land consolidation commission.

The costs of preparation of the consolidation procedure (preparation of the consolidation project,
geodetic works, etc.) shall be borne by the unit of local self-government on whose territory the
consolidation procedure is carried out.

In cases when the urban consolidation procedure was initiated by the ministry responsible for urbanism
or the body of the autonomous province responsible for urbanism, the costs of the consolidation
procedure are financed from the budget of the Republic of Serbia, ie the budget of the autonomous
province.

Upon completion of the consolidation procedure, the consolidation commission shall determine the
amount of participation of all parties in the actual costs by a special decision.

The costs of land consolidation are borne by the participants in land consolidation, if the procedure was
initiated on their initiative (at least 51% of the area). The procedure is carried out by the local self-
government at the expense of the landowner. Before making a decision on land consolidation, the
commission is obliged to submit to each participant an estimate of the costs that will be borne until the
end of the procedure. The calculation of actual costs is made when making individual decisions on land
consolidation, and the actual costs may exceed the estimated costs by a maximum of 20%.

Article 108b
On the day the decision on consolidation becomes final:

1) all real rights and encumbrances that existed on the cadastral parcels entered in the land
consolidation mass are transferred to the newly formed cadastral parcel which by redistribution belongs
to the new holder of the property right;

2) all payments from the consolidation mass and to the consolidation mass are due, unless otherwise
determined by the decision on consolidation;

3) after placing a note on land consolidation, the body responsible for state survey and cadastre may
make changes in the real estate register only at the request of the commission, in the territory covered
by land consolidation.

Article 108c
All documents adopted in the procedure of urban consolidation by the competent authorities,
participants in the procedure and holders of public authorizations, including technical documentation,
are submitted in the form of an electronic document, and the exchange and communication is done
electronically.
Art. 109-109v
(Deleted)

V CONSTRUCTION OF FACILITIES
Article 110
The construction of the facility is carried out on the basis of a construction permit and technical
documentation, under the conditions and in the manner determined by this Law.

1. Content and types of technical documentation

1.1. Previous works

Article 111
Before starting the preparation of technical documentation for the construction of the facility referred to
in Article 133 of this Law, for which the building permit is issued by the competent ministry or
autonomous province, and which are financed from the budget, preliminary works are performed. .

For the construction of facilities referred to in Article 133 of this Law, for which location conditions may
be issued on the basis of the planning document, a preliminary feasibility study with a general design
shall not be prepared.

Article 112
Previous works, depending on the class and characteristics of the facility, include: research and analysis
and projects and other professional materials; obtaining data that analyze and elaborate engineering-
geological, geotechnical, geodetic, hydrological, meteorological, urban, technical, technological,
economic, energy, seismic, water management and traffic conditions; conditions of fire protection and
environmental protection, as well as other conditions of impact on the construction and use of a
particular facility.

1.2. Preliminary feasibility study

Article 113
The preliminary feasibility study determines especially the spatial, ecological, social, financial, market
and economic justification of the investment for variant solutions defined by the general project, on the
basis of which the planning document is adopted, as well as the decision on justification of investment in
preliminary works. .

The preliminary feasibility study shall contain the general design referred to in Article 117 of this Law.

1.3. Feasibility study

Article 114
The feasibility study determines in particular the spatial, ecological, social, financial, market and
economic justification of the investment for the chosen solution, elaborated by the conceptual design,
based on which the decision on investment justification is made, for projects financed by public funds,
regardless whether the investor is a user of public funds.

The feasibility study contains the conceptual design referred to in Article 118 of this Law.

Preparation of a preliminary feasibility study, ie feasibility study

Article 115
The preparation of the preliminary feasibility study and the feasibility study may be performed by a
company, ie another legal entity that is registered in the appropriate register for performing design and
engineering activities and which meets the requirements in terms of professional staff.

Article 116
Technical documentation is prepared as:

1) general project;

2) conceptual design;

3) preliminary design;

4) project for construction permit;

5) project for execution;

6) project of the constructed object.

1.4. General project

Article 117
The general project contains in particular data on: macrolocation of the facility; general disposition of the
building; technical-technological conception of the facility; the manner of providing the
infrastructure; possible variants of spatial and technical solutions from the point of view of fitting into
space; natural conditions; environmental impact assessments; engineering-geological-geotechnical
characteristics of the terrain from the aspect of determining the general concept and justification of the
construction of the facility; research works for the development of the conceptual design; protection of
natural and immovable cultural assets; functionalities and rationality solutions.

1.4a Conceptual design

Article 117a
The conceptual solution is a presentation of the planned concept of the building which is made for the
needs of obtaining location conditions, and can be part of an urban project for the needs of urban-
architectural elaboration of the location in accordance with the regulation which regulates the content of
technical documentation.

The conceptual design must show only the data necessary for the issuance of location conditions, or
data necessary to determine compliance with the planning document, without elaboration of technical
solutions.
1.5. Conceptual Design

Article 118
Preliminary design is made for the needs of construction of facilities and execution of works referred to
in Article 145 of this Law.

Preliminary design is also prepared for the needs of construction of facilities and execution of works for
facilities referred to in Article 133 of this Law, in which case it is subject to expert control by the audit
committee.

Preliminary design referred to in paragraph 1 of this Article, which is made for the purposes of
performing works referred to in Article 2, item 32a) of this Law is subject to technical control, in
accordance with the provisions of this Law, except in the case of reconstruction of electricity distribution
and electronic communications network.

Preliminary design is made in accordance with the regulation which further regulates the content of
technical documentation.

1.6 Building permit project

Article 118a
The project for the construction permit is prepared for the purpose of obtaining a decision on the
construction permit in accordance with the bylaw which further regulates the content of the technical
documentation.

The project for the construction permit elaborates the planned concept of the facility determined by the
conceptual design based on when the location conditions were issued, and its deviations from that
conceptual design are possible in accordance with the regulation which regulates the content of
technical documentation.

The project referred to in paragraph 1 of this Article must also contain a statement of the chief designer,
responsible designer and technical control executor, which confirms that the project was made in
accordance with location conditions, regulations and rules of the profession.

For facilities for which the law governing fire protection prescribes the obligation to prepare the Main
Fire Protection Project and obtain approval for the construction project, along with the project for a
building permit, the Fire Protection Study must be attached.

The study on fire protection is prepared by a person with an appropriate license issued in accordance
with the regulations governing fire protection.

Art. 119-122
(Deleted)

1.7. Execution project

Article 123
The project for execution is made for the needs of construction of facilities and execution of works, if it is
prescribed by a bylaw which regulates the content of technical documentation in more detail.

The project for execution is a set of mutually agreed projects which determine the construction-
technical, technological and operational characteristics of the facility with equipment and installations,
technical-technological and organizational solutions for the construction of the facility, investment value
of the facility and maintenance conditions.

The project referred to in paragraph 1 of this Article must contain a statement of the chief designer and
statements of responsible designers confirming that the project was made in accordance with location
conditions, building permit, project for building permit, regulations and rules of the profession.

The construction project may also be prepared in phases, in which case the works shall be performed
only for the phase for which the construction project has been approved in accordance with paragraph 3
of this Article.

For facilities for which, in accordance with the law governing fire protection, the consent to the technical
document is obtained, before the issuance of the use permit, the consent to the construction project is
obtained.

The consent referred to in paragraph 5 of this Article shall be obtained in the unified procedure
procedure, within 15 days from the day of submitting the request, or within 30 days in case it is obtained
for facilities referred to in Article 133 of this Law.

1.8. Project of the constructed object

Article 124
The project of the constructed facility is made for the needs of obtaining a use permit, use and
maintenance of the facility.

The project of the constructed facility shall be prepared for all facilities for which a construction permit is
obtained in accordance with the provisions of this Law.

The project of the constructed facility is a project for construction with changes that occurred during the
construction of the facility.

The project of the constructed facility is not subject to technical control, except when it is made for the
needs of legalization of the facility.

In the event that the construction project is not deviated from during the construction of the facility, the
investor, the person performing professional supervision and the contractor confirm and certify on the
construction project that the constructed condition is equal to the projected condition.

Article 125
(Deleted)

2. Preparation of technical documentation

Article 126
Technical documentation for the construction of facilities, ie the execution of works may be prepared by
a legal entity or an entrepreneur established in accordance with the law and who:

1) has employed, ie employed licensed engineers, ie licensed architects entered in the register of
licensed engineers, architects and spatial planners in accordance with this Law and regulations adopted
on the basis of this Law with appropriate professional results;

2) is in accordance with the conditions prescribed by this Law and regulations adopted on the basis of
this Law entered in the register for the preparation of technical documentation kept by the ministry
responsible for planning and construction in accordance with this Law.

Professional results, in terms of paragraph 1, item 1) of this Article, have a person who has prepared or
participated in the preparation of the appropriate type of technical documentation, or in performing
technical control of this type of technical documentation, in accordance with regulations adopted
pursuant to this Law.

The Minister in charge of construction affairs shall prescribe in detail the conditions to be met by legal
entities and entrepreneurs referred to in paragraph 1 of this Article.

The Minister in charge of construction affairs shall form a commission for determining the fulfillment of
conditions for performing the work of preparing technical documentation.

At the proposal of the commission referred to in paragraph 4 of this Article, the Minister responsible for
construction affairs shall issue a decision on fulfillment of conditions for performing technical
documentation and entry in the register referred to in paragraph 1 of this Article.

The decision referred to in paragraph 5 of this Article is final on the day of delivery of the decision and is
adopted with a validity period of two years.

The Minister responsible for construction shall issue a decision revoking the decision on fulfillment of
conditions for preparation of technical documentation, if it is determined that the legal entity or
entrepreneur does not meet the conditions referred to in paragraph 1 of this Article, as well as when it is
determined that the decision was issued untrue data.

The costs of determining the fulfillment of the conditions for the preparation of technical documentation
referred to in paragraph 1 of this Article shall be borne by the applicant.

The amount of costs for determining the fulfillment of the conditions for the preparation of technical
documentation referred to in paragraph 8 of this Article is an integral part of the decision referred to in
paragraph 5 of this Article.

Article 126a
A legal entity or entrepreneur who meets the requirements of Article 126, paragraph 1 and Article 150,
paragraph 1 of this Law, is obliged to notify the Ministry in charge of construction without delay of any
change in the conditions determined by the Minister of Construction. within 30 days, submit a request
for a new decision and submit evidence of fulfillment of the conditions for entry in the register for the
preparation of the appropriate type of technical documentation, ie construction of facilities or execution
of works.
The Ministry in charge of construction, ex officio or on the initiative of inspection and other state bodies,
legal and natural persons, controls the fulfillment of conditions determined in the procedure of
determining the fulfillment of conditions for preparation of technical documentation, ie construction of
facilities or works.

If the ministry in charge of construction determines that the conditions referred to in paragraph 2 of this
Article are not met, it shall invalidate the decision issued to the legal entity or entrepreneur within 30
days from the day of determining the irregularity.

In the case referred to in paragraph 3 of this Article, a new decision may not be issued to that person
within the next six months from the day the decision referred to in paragraph 3 of this Article becomes
final.

The decision revoking the decision referred to in paragraph 3 of this Article is final on the day of delivery
to the legal entity or entrepreneur to which it refers and no appeal may be filed against the decision, but
an administrative dispute may be initiated.

Article 127
A person who is employed in a company, other legal entity or entrepreneurial activity that is authorized
to determine some of the conditions on the basis of when the technical documentation is prepared may
not participate in the preparation of technical documentation.

A person supervising the application of the provisions of this Law may not participate in the preparation
of technical documentation.

A legal entity that performs communal activities, ie activities of general interest may prepare technical
documentation for the construction of facilities that it will use to perform its activities, under the
conditions prescribed by this Law.

An organization that performs the activity of protection of cultural property may prepare technical
documentation for undertaking technical protection measures on immovable cultural property.

2.1. Chief designer

Article 128
Professional work on technical documentation in the capacity of responsible designer may be performed
by a person with the professional title of licensed engineer, licensed architect and licensed landscape
architect who is entered in the register of licensed engineers, architects and spatial planners in
accordance with this law and regulations governing professional exams. , issuing a license and
registration.

The professional title of licensed engineer is acquired by issuing licenses from professional, ie narrower
professional fields of construction, electrical, mechanical, traffic, geodetic, technological, metallurgical
and geological engineering, forestry and agriculture.

The professional title of licensed architect is acquired by issuing a license in the professional field of
architecture.
The professional title of licensed landscape architect is acquired by issuing a license in the professional
field of landscape architecture.

A licensed engineer, a licensed architect, or a licensed landscape architect may be a person with
acquired higher education in the relevant professional field referred to in para. 2-4. of this Article, in
academic or vocational studies of at least 300 ECTS or equivalent level determined by other special
regulations, passed professional exam, professional experience lasting at least three years and
professional results (references) from the relevant professional or narrower professional field.

Professional experience in terms of paragraph 5 of this Article is considered experience gained in the
development or cooperation in the development of projects in the relevant professional or professional
field for which the professional exam is taken in accordance with this law and regulations governing the
professional exam, issuing licenses and registration.

The responsible designer signs a part of the technical documentation, ie the project in accordance with
the regulation which regulates the preparation of technical documentation, for the preparation of which
he has the appropriate license in accordance with the law and regulations adopted on the basis of this
law.

The right to use the professional title of licensed engineer, licensed architect and licensed landscape
architect have persons who acquired that name in accordance with the provisions of this law and who
are entered in the register of licensed engineers, architects and spatial planners in accordance with this
law and regulations.

Article 128a
The investor appoints the chief designer who is responsible for the compliance of the excerpt from the
project with the data from the project for the construction permit and who with his signature confirms the
compliance of all individual parts of the project.

The chief designer must meet the requirements for responsible designer prescribed by this law.

3. Technical control

Article 129
The project for the building permit is subject to technical control.

Technical control of the project for a construction permit can be performed by a company, ie another
legal entity or entrepreneur (or more of them for special professional fields), which are registered in the
appropriate register of economic entities and have a decision on meeting the design requirements for
this type of facility. that is, parts of facilities, in accordance with this law, which is determined by the
investor.

Technical control of the project for the construction permit cannot be performed by the responsible
designer who made the project, ie who is employed in the company that made the project or the
company that is the investor.

Technical control of the project for the construction permit includes, in particular, verification of:
compliance with all conditions and rules contained in location conditions, law and other regulations,
technical norms, standards and quality norms, as well as mutual compliance of all parts of technical
documentation; compliance of the project with the results of previous research (previous
papers); assessment of appropriate foundations for building foundations; checking the correctness and
accuracy of technical and technological solutions of the facility and solutions for the construction of
facilities; stability and security; rationality of designed construction products; impact on the environment
and neighboring facilities.

Technical control of the project for the construction permit for the construction of facilities for which the
construction permit is issued by the competent ministry, ie the autonomous province, includes
verification of compliance with the measures contained in the report of the audit commission.

A report on the performed technical control shall be made and signed by the responsible designers with
appropriate licenses who performed the technical control of individual parts of the project, and the final
report shall be signed by the representative of the legal entity or entrepreneur referred to in paragraph 2
of this Article.

The costs of technical control are borne by the investor.

A project for a construction permit prepared in accordance with the regulations of other countries is
subject to technical control which verifies the compliance of that documentation with the law and other
regulations, standards, technical norms and quality norms.

The project for the construction permit referred to in paragraph 8 of this Article must be translated into
Serbian.

The preliminary design for the reconstruction of line infrastructure facilities referred to in Article 118,
paragraph 2 of this Law shall be subject to technical control under the same conditions as the design for
the construction permit.

Article 129a
A legal entity or entrepreneur who performs planning documents, preparation and control of technical
documentation, or who is a contractor, expert supervision or technical inspection, must be insured
against liability for damage that may cause to another party or third party (professional insurance
responsibilities).

Licensed spatial planner, licensed urban planner, licensed urban architect, licensed engineer, licensed
architect, licensed landscape architect and licensed contractor must be insured against liability for
damage to the other party or third party (professional liability insurance).

The Serbian Chamber of Engineers can take over the basic liability insurance of its members, licensed
spatial planners, licensed urban planners, licensed urban architects, licensed engineers, licensed
architects, licensed landscape architects and licensed contractors. Professional liability insurance of a
member of the Serbian Chamber of Engineers does not exclude the possibility of his additional
individual or other collective professional liability insurance.

Closer conditions of compulsory insurance from para. 1 and 2 of this Article shall be prescribed by the
Minister responsible for construction affairs.
4. Preservation of technical documentation

Article 130
The body responsible for issuing the construction permit is obliged to permanently keep one original
copy of the documentation on the basis of which the construction permit was issued, ie a copy of the
technical documentation for the construction of that facility.

The investor is obliged to permanently keep one original or in a prescribed manner completed copy of
the technical documentation on the basis of which the building permit was issued with all changes and
additions made during construction and all details for the execution of works.

5. Project audit

Article 131
The general design and preliminary design, preliminary feasibility study and feasibility study for facilities
referred to in Article 133 of this Law shall be subject to audit (expert control) by a commission formed by
the Minister responsible for construction (hereinafter: audit commission).

In the case of construction of facilities, which are realized in phases or stages, the Minister in charge of
construction may form an audit committee in a permanent convocation for all phases, ie stages of the
project.

When the project, which is the subject of expert control, is a project that is implemented in accordance
with the provisions of the law governing public-private partnership, the obligatory member of the audit
committee is also a representative of the concession grantor.

The Audit Commission referred to in paragraph 1 of this Article for professional control of facilities
referred to in Article 133 of this Law which are built entirely on the territory of the Autonomous Province
shall be formed by the Minister responsible for construction, at the proposal of the Autonomous
Province.

Notwithstanding paragraph 1 of this Article, instead of the conceptual design, the investor may submit a
project for a construction permit, prepared in accordance with the bylaw regulating the content of
technical documentation, which in that case is subject to expert control.

Submission of requests and exchange of documents and submissions referred to in paragraph 1 of this
Article shall be done electronically, except for documents and submissions containing classified
information and marked with a degree of secrecy in accordance with regulations governing the
confidentiality of information.

Until the establishment of the system for electronic submission of documents and submissions,
documentation can also be submitted on a CD.

Article 132
Expert control checks the concept of the facility, especially from the point of view of: the convenience of
the location in relation to the type and purpose of the facility; conditions for the construction of the facility
in terms of the application of environmental protection measures; seismological, geotechnical, traffic and
other conditions; providing energy conditions in relation to the type of planned energy sources; technical
and technological characteristics of the facility; technical-technological and organizational solutions for
building the facility; modernity of technical solutions and harmonization with development programs in
that area, as well as other prescribed conditions for the construction of the facility.

The Audit Commission prepares a report with the measures that must be applied when drafting a
construction permit.

The deadline for submitting the report referred to in paragraph 2 of this Article may not be longer than 30
days from the day of submitting a proper request.

If the audit commission does not submit the report referred to in paragraph 2 of this Article within the
prescribed period, it shall be deemed that the commission has no objections.

The costs of the project audit are borne by the investor.

The amount of costs referred to in paragraph 4 of this Article shall be determined by the Minister
responsible for construction affairs.

VI BUILDING PERMIT
1. Competence to issue a building permit

Article 133
The construction permit for the construction of facilities shall be issued by the ministry in charge of
construction affairs (hereinafter: the Ministry), unless otherwise provided by this Law.

The Ministry issues a building permit for the construction of facilities, as follows:

1) high dams and reservoirs filled with water, tailings or ash for which technical monitoring is prescribed;

2) nuclear facilities and other facilities used for the production of nuclear fuel, radioisotopes, irradiation,
storage of radioactive raw materials and waste materials for scientific research purposes;

3) facilities for oil and gas processing that are built outside the exploitation fields according to the
previously obtained consent of the ministry responsible for the exploitation of mineral resources,
production of biofuels and bioliquids in plants with a capacity of over 100 tons per year, oil and product
pipelines; stationary and floating station bunkers for supplying ships and technical vessels with liquid
fuel with a capacity of over 500 m 2 , oil storage, liquefied petroleum gas and petroleum products with a
capacity of over 500 t built outside exploitation fields defined by the law governing mining and geological
research and main heat pipe;

4) facilities of basic and processing chemical industry, ferrous and non-ferrous metallurgy, facilities for
leather and fur processing, facilities for rubber processing, facilities for pulp and paper production and
facilities for processing of non-metallic mineral raw materials built outside exploitation fields defined by
the law mining and geological research, except for facilities for primary processing of ornamental and
other stone;

4a) seveso plants and seveso complexes;


5) stadiums for 20,000 or more spectators, facilities with a structural span of over 50 m, facilities over 50
m in height, silos with a capacity of over 20,000 m 3 of penitentiaries, facilities for official needs of
diplomatic and consular missions of foreign countries, or offices of international organization in the
Republic of Serbia, if it is prescribed by a bilateral agreement, as well as housing complexes of multi-
family housing when the investor is the Republic of Serbia;

6) thermal power plants with a capacity of 10 MW and more, thermal power plants with a capacity of 10
MW and more and other facilities for the production of electricity with a capacity of 10 MW and more, as
well as power lines and transformer stations of 110 and more kV;

7) interregional and regional water supply and sewerage facilities, drinking water treatment plants with a
capacity of over 200 l / s and wastewater treatment plants with a capacity of over 200 l / s;

8) regulatory works for protection against high waters of urban areas and rural areas larger than 300 ha;

9) facilities within the boundaries of immovable cultural assets of exceptional importance and cultural
assets inscribed in the World Cultural and Natural Heritage List, facilities in the protected environment of
cultural assets of exceptional importance with certain boundaries of cadastral parcels and facilities in the
protected environment of cultural assets inscribed in the World Cultural and Natural Heritage List.
natural heritage, as well as buildings in protected areas in accordance with the Act on the Protection of
Cultural Heritage (except for the conversion of common areas into an apartment or business premises
in a protected environment of cultural assets of great importance and cultural assets inscribed on the
World Heritage List), by law;

9a) facilities within the national park and facilities within the protection of protected natural assets of
exceptional importance (except for family housing, agricultural and economic facilities and infrastructure
facilities needed by them, which are built in villages), in accordance with the law;

10) Installations for the treatment of non-hazardous waste, incineration or chemical processes, with a
capacity exceeding 70 tonnes per day;

11) facilities for the treatment of hazardous waste by incineration, thermal and / or physical, physico-
chemical, chemical processes, as well as central warehouses and / or landfills for the disposal of
hazardous waste;

12) airports for public air traffic;

13) passenger ports, harbors, piers and marinas;

14) state roads of the first and second order, road facilities and traffic connections to these roads and
border crossings;

15) public railway infrastructure with connections and subways;

16) facilities of electronic communications, ie networks, systems or means of international and main
importance and those being built on the territory of two or more local self-government units;

17) hydro-construction facilities on waterways;

18) navigable canals and ship locks that are not part of the hydropower system;
19) regional landfills, ie landfills for the disposal of non-hazardous waste for an area inhabited by over
200,000 inhabitants;

20) facilities for the production of energy from renewable energy sources with a capacity of 10 MW and
more;

21) facilities intended for the production of weapons and military equipment in terms of the law
governing the production of weapons and military equipment, as well as facilities for the production and
storage of explosives;

22) health care facilities with accommodation capacities over 500 beds;

23) facilities that are being built on the territory of two or more local self-government units.

24) (deleted)

2. Entrusting the issuance of a building permit

Article 134
The Autonomous Province is entrusted with the issuance of construction permits for the construction of
facilities specified in Article 133 of this Law, which are built entirely on the territory of the Autonomous
Province.

Local self-government units are entrusted with issuing construction permits for the construction of
facilities that are not specified in Article 133 of this Law.

3. Issuance of a building permit

Article 135
The construction permit is issued to the investor who submits the project for the construction permit and
the excerpt from the project for the construction permit prepared in accordance with the regulation which
further regulates the content of technical documentation, who has the appropriate right to land or
building and who submitted evidence on the payment of appropriate fees and charges and other
evidence prescribed by the regulation which further regulates the procedure for conducting the unified
procedure.

The right of ownership, the right of lease on construction land in public ownership, as well as other rights
prescribed by this Law shall be considered as the appropriate right on the land.

For the construction of underground infrastructure facilities that are built within the planned traffic or
infrastructure corridors, the method of drilling, as the first phase of implementation, does not provide
proof of appropriate law or proof of removal of facilities in terms of this law, but the evidence is
submitted in the second phase construction.

For the construction of line infrastructure facilities, a final or final decision on expropriation, a concluded
agreement on the right of servitude in accordance with this Law, a concluded lease agreement on
privately owned land, as well as other evidence prescribed by Article 69. of this law.
For the construction of line infrastructure facilities and communal infrastructure facilities, a building
permit may be issued for several cadastral parcels, ie parts of cadastral parcels with the obligation of
the investor to merge those cadastral parcels before issuing the use permit, based on the re-parcelling
project.

For the construction of communal infrastructure, as well as the reconstruction, rehabilitation and
adaptation of public traffic and other public areas in the regulation of the existing road, in accordance
with the actual situation on the ground, no proof of the appropriate right to land or building.

The consent of the investor, ie the owner of the facility, is also considered as proof of the appropriate
right for the construction of the substation within the facility. After the construction of the facility, the part
of the building in which the substation was built, becomes an independent part of the building in
accordance with the regulations governing the maintenance of buildings.

For the construction or execution of works on construction land or a facility owned by several persons, a
certified consent of those persons shall be attached as proof of the relevant right, and if construction
works are performed, a contract concluded in accordance with a special law shall be attached.

For the construction or construction of facilities for the official needs of diplomatic and consular missions
of foreign countries, or offices of international organizations in the Republic of Serbia, if required by
bilateral agreement, the investor is not obliged to pay contributions for construction land, if there is
reciprocity with that foreign country , which is certified by the ministry in charge of foreign affairs.

For the construction of energy facilities, before issuing a construction permit, the investor obtains an
energy permit, in accordance with a special law.

If the request for issuance of a construction permit envisages connection of the facility to communal or
other infrastructure, which was not performed at the time of issuing location conditions, which is
determined by location conditions, the request for issuance of construction permit shall be accompanied
by an agreement between the investor and obligations of the contracting parties to, no later than the
deadline for completion of works on the facility for which a building permit is required, build the
infrastructure necessary to connect that facility to communal or other infrastructure, or other evidence of
providing the missing infrastructure.

The body responsible for issuing a construction permit, upon receipt of the request for issuing a
construction permit, shall verify the submitted documentation in accordance with Article 8d of this Law.

The building permit is issued on the basis of valid location conditions, regardless of whose request the
location conditions were issued.

The body responsible for issuing the construction permit shall issue a construction permit at the risk of
the investor and for the real estate on which the record of the dispute, ie administrative dispute, has
been entered in the records of the real estate cadastre.

For facilities for which a construction permit is issued by the ministry, ie the competent body of the
autonomous province before issuing a construction permit, it is necessary to obtain a report from the
audit commission.

Article 135a
A construction permit is issued on behalf of the investor and financier if the request for issuance is
accompanied by a contract between the investor and the financier, certified in accordance with the law
governing signature verification, in which the investor agrees that the holder of the construction permit is
the financier.

The financier shall be liable for all obligations towards third parties, which are a consequence of the
actions he undertakes in accordance with the powers delegated to him by the contract referred to in
paragraph 1 of this Article.

By concluding the contract referred to in paragraph 1 of this Article and issuing a construction permit on
behalf of the financier, it is considered that the financier has the right to access the land on which the
facility is being built or works are performed, and that this right can be transferred to the contractor. that
is, performing works.

After entering the constructed real estate in the real estate records, the financier hands over the real
estate in possession, use and management to the person who owns the real estate, ie to the person
designated as the manager.

4. Contents of the building permit

Article 136
The building permit contains in particular information on:

1) investor, ie investor and financier;

2) a building whose construction is allowed with data on the size, height, gross developed construction
area and estimated value of the building;

3) cadastral parcel, ie cadastral parcels, ie parts of cadastral parcels on which the facility is being built;

4) an existing facility that is being removed or reconstructed for construction purposes;

5) the term of validity of the construction permit;

6) documentation on the basis of which it is issued.

An integral part of the construction permit is an excerpt from the project for the construction permit, with
the specification of all special parts of the building.

The construction permit is issued by a decision, within five working days from the day of submitting the
request. An integral part of the decision are the location conditions, the amount of contributions referred
to in Article 97, paragraph 2 of this Law, the excerpt from the project and the project for the construction
permit.

An appeal may be lodged against the decision referred to in paragraph 3 of this Article within eight days
from the day of delivery.

An appeal may not be lodged against the decision referred to in paragraph 3 of this Article, issued by
the competent ministry, ie the competent body of the autonomous province, but an administrative
dispute may be initiated by a lawsuit.
Article 137
A building permit is issued for the entire facility, ie for a part of the facility, if that part represents a
technical and functional whole, ie for several cadastral parcels or parts of cadastral parcels for the
construction of line infrastructure facilities.

Preparatory works are performed on the basis of the construction permit referred to in paragraph 1 of
this Article.

Preparatory works for facilities referred to in Article 133 of this Law, as well as for facilities with a gross
developed construction area of over 800 m 2 , may also be performed on the basis of a special
construction permit.

A special building permit is issued for the construction of temporary public parking lots in public
ownership.

Along with the request for issuance of a construction permit referred to in paragraph 4 of this Article, the
evidence referred to in Article 145 of this Law shall be attached, and the provisions of Article 147
para. . 5, 6, 7 and 8 of this law.

Along with the request for the issuance of a construction permit referred to in paragraph 3 of this Article,
the location conditions, the project of preparatory works and proof of the appropriate right to the land or
facility shall be attached.

The decision from para. 3 and 4 of this Article shall be issued by the body competent for issuing the
construction permit, within eight days from the day of submission of proper documentation.

On the decision from art. 3 and 4 of this Article, an appeal may be lodged within eight days from the day
of delivery, and if the decision was issued by the ministry in charge of construction, ie the competent
body of the autonomous province, no appeal is allowed but an administrative dispute may be initiated.

If the preparatory works refer to the removal of the building on the plot, the obligation of the investor is to
submit a geodetic study on demolition to the competent service for real estate cadastre, in order to
implement the change. The decision referred to in paragraph 3 of this Article shall in particular contain
the obligation of the investor to inform the competent inspector about the removal of the object on the
plot, who shall draw up a report and submit it to the competent real estate cadastre service.

5. Submission of the decision on the construction permit

Article 138
The competent body submits the decision on the construction permit to the inspection that supervises
the construction of facilities, and if the decision was issued by the ministry or autonomous province, the
decision is submitted to the local government unit on whose territory the facility is being built, for
information.

The decision on the construction permit is submitted to the holders of public authorizations responsible
for determining the conditions for design, ie connection of facilities to the infrastructure network, for
information.
Article 138a
Construction may be approached on the basis of a final decision on a construction permit and
application of works referred to in Article 148 of this Law.

The investor may also start construction on the basis of the final decision on the construction permit and
application of works referred to in Article 148 of this Law, at his own risk and responsibility.

If the party initiated an administrative dispute, and the investor for that reason does not start the
construction of the facility until the decision becomes final, the investor is entitled to compensation and
lost profits in accordance with the law, if it is determined that the lawsuit is unfounded.

6. Deciding on appeals

Article 139 ***


The ministry in charge of construction shall decide on the appeal against the decision on the
construction permit of the local self-government unit, as well as the first-instance decision on the
approval of works referred to in Article 145 of this Law of the local self-government unit.

The Autonomous Province is entrusted with deciding on the appeal against the first-instance decision on
the construction permit of the local self-government unit, issued for the construction of facilities being
built on the territory of the Autonomous Province, as well as the first-instance decision approving the
construction of works under Article 145 in the territory of the Autonomous Province.

The City of Belgrade is entrusted with deciding on the appeal against the first-instance decision on the
construction permit issued by the city municipalities, as well as the first-instance decision approving the
execution of works referred to in Article 145 of this Law on the territory of Belgrade.

7. Term of validity of the construction permit

Article 140
The construction permit ceases to be valid if the registration of works is not performed within three years
from the day the decision by which the construction permit was issued becomes final.

Notwithstanding paragraph 1 of this Article, when the registration of works was performed on the basis
of Article 148, paragraph 5 of this Law, the construction permit shall be valid until the registration of
works of all parts of the facility.

Decision determining the termination of the validity of the construction permit from para. 1 and 2 of this
Article shall be issued by the body competent for issuing the construction permit.

The construction permit shall cease to be valid if within five years from the day the decision issuing the
construction permit becomes final, the use permit is not issued, except for facilities referred to in Article
133 of this Law, communal infrastructure facilities constructed in phases and family residential buildings
provided by the investor. builds to address their housing needs.

At the request of the investor, the competent authority may issue a decision approving that the final
construction permit remains in force for two years after the deadline prescribed in paragraph 4 of this
Article, if the procedure initiated within the period referred to in paragraph 4 of this Article determines
that the facility is completed in a constructive sense on the basis of the minutes of the competent
construction inspector.

After the expiration of the deadline referred to in paragraph 4 of this Article, the investor shall pay to the
account of the Tax Administration a fee in the amount of property tax, which would be paid in
accordance with the law governing property tax for the entire facility. , until a new building permit is
issued for that location.

The decision determining the termination of the construction permit referred to in paragraph 3 or
paragraph 4 of this Article shall be issued by the body competent for issuing the construction permit, and
upon final validity, the decision shall be submitted to the Tax Administration on whose territory the object
is located.

The provisions of Art. 3, 4, 5 and 6 of this Article also refer to decisions on construction permits, ie
decisions on building permits issued in accordance with previously valid laws governing the construction
of facilities, before September 11, 2009.

8. Amendments to the decision on the construction permit due to a change of


investor

Article 141
If the investor changes after the decision on the construction permit becomes final, the new investor is
obliged to submit a request to change the decision on the construction permit to the body that issued the
construction permit within 30 days from the day of the change.

The request referred to in paragraph 1 of this Article shall be accompanied by proof of ownership, ie
other land rights for the construction of the facility, ie proof of ownership of the facility for reconstruction
of the facility, subsequent mortgage agreement, pledge statement, contract of sale under construction in
the form of a publicly confirmed (solemnized) document or notarial deed, as well as other legal bases
which transfer real rights to the facility under construction and other legal basis for acquiring property
rights to the facility under construction.

If the facility for which the decision on the construction permit was issued is located on privately owned
land, with the request referred to in paragraph 2 of this Article, the contract on the purchase of
construction land, ie the facility under construction, concluded in the form of a notary public or other
legal basis on acquiring the right of ownership on construction land, ie facility under construction, with
proof of paid appropriate tax in accordance with the law governing property taxes, ie proof that turnover
of construction land, ie facility under construction is not subject to taxation in accordance with the law
property taxes are regulated.

If the facility for which the decision on the construction permit was issued is located on construction land
in public ownership, and the holder of the issued construction permit is the lessee on that land, the
request referred to in paragraph 2 of this Article shall be accompanied by an excerpt from real estate
records the right of lease in the name of the new owner of the facility in the consignment note. Along
with the request for registration of the right to lease construction land in the name of the new owner of
the building under construction, a contract on the purchase of the building under construction,
concluded in the form of a notary public, or other legal basis for acquiring ownership of the building
under construction, with proof tax in accordance with the law governing property taxes,

If the subject of the issued construction permit is building, ie converting common premises into an
apartment or business premises, as evidence referred to in paragraph 2 of this Article, the contract on
purchase of the building under construction, or other legal basis for acquiring ownership of the building
under construction certified and with proof of paid appropriate tax in accordance with the law governing
property taxes, ie proof that the turnover of the building under construction is not subject to taxation of
the law governing property taxes and the contract concluded with the assembly or council of the
building, in accordance with special by law.

If the subject of the issued construction permit is the reconstruction of the existing facility, an excerpt
from the public book on real estate records and rights to them with the registered ownership right to the
facility for which the construction permit for reconstruction was issued shall be submitted as evidence
referred to in paragraph 2 of this Article.

As a proof referred to in paragraph 2 of this Article, a final decision on inheritance may be submitted, as
well as a decision on the status change of the company from which the legal continuity of the applicant
can be determined in an indisputable manner.

An application for a change in the decision on a construction permit due to a change of investor may be
submitted until the application for a use permit is submitted.

The decision on the change of the decision on the construction permit is issued within eight days from
the day of submitting the request and contains data on the change regarding the name, ie the name of
the investor, while in other parts it remains unchanged.

The decision referred to in paragraph 9 of this Article shall be submitted to the previous and new
investor and the construction inspection.

An appeal may be lodged against the decision referred to in paragraph 9 of this Article within eight days
from the day of delivery, and if the decision-maker is the Ministry, ie the competent body of the
autonomous province, an administrative dispute may be initiated by a lawsuit.

The provision of this article relating to the change of the decision on the construction permit due to the
change of investor shall accordingly apply to the change of the construction permit and the main project
confirmed in accordance with the provisions of the Law on Planning and Construction (Official Gazette
of RS, No. 47/03). 34/06), as well as the amendment of the decision on the construction permit issued
according to the provisions of previously valid laws which regulated the construction of facilities, when
the construction of the facility was started in accordance with that decision.

9. Modification of the decision on the construction permit

Article 142
After issuing the decision on the construction permit until the application for the use permit, the investor,
in accordance with the new financial, urban-planning and other circumstances, changes in the planning
document, changes in the availability of utilities and other infrastructure, to comply with the project and
for other reasons , may apply for a change in the building permit. If during the construction, ie the
execution of works, changes occur in relation to the issued construction permit, the project for the
construction permit, the investor is obliged to suspend the construction and submit a request for the
change of the construction permit. If during the construction of the facility there is a change in the
planning document on the basis of which the construction permit was issued, at the request of the
investor, the competent authority may change the construction permit in accordance with the new
planning document,

Any deviation from the position, dimensions, purpose and shape of the facility, as well as other
parameters and conditions determined in the construction permit, ie excerpt from the project, shall be
considered a change in the sense of paragraph 1 of this Article.

In case the changes referred to in paragraph 2 of this Article are not in accordance with the issued
energy permit for a special type of facility, ie the data on the location and installed power of the energy
facility change, the competent authority shall instruct the applicant to obtain a new energy permit.

The request referred to in paragraph 1 of this Article shall be accompanied by a new project for the
construction permit, ie a separate project for the construction permit that is being changed.

If the changes referred to in paragraph 2 of this Article are not in accordance with the issued location
conditions, the competent authority shall instruct the applicant to obtain new location conditions in a
unified procedure, which relate to the change in question.

If the body responsible for issuing the construction permit determines that changes have occurred in
accordance with the issued location conditions, it shall make a decision on the change of the
construction permit within five working days from the day of receipt of proper documentation.

If during the construction or reconstruction of a line infrastructure facility, a natural disaster or other
unforeseen event occurs, ie a circumstance that endangers the safety and health of people, facilities
and traffic, in order to prevent or mitigate their harmful effects, eliminate harmful consequences of such
disasters, events or circumstances which requires modification of existing technical solutions, ie
increased scope of works, the investor may perform works without previously obtained decision on
modification of the decision on construction permit, ie decision on approval for works for that facility, in
accordance with Article 143 of this Law.

The provision of this article related to the change of the decision on the construction permit due to
changes during construction will be applied accordingly to the change of the construction permit and the
main project confirmed in accordance with the provisions of the Law on Planning and Construction
("Official Gazette of RS", No. 47). (03 and 34/06), as well as to the amendment of the decision on the
construction permit issued according to the provisions of the previously valid laws which regulated the
construction of the facilities, when the construction of the facility was started in accordance with that
decision.

The provisions of this Article shall accordingly apply to the amendment of the decision on approval
referred to in Article 145 of this Law.

10. Special cases of construction, ie execution of works without obtaining a


construction permit
Article 143
The construction of the facility, ie the execution of certain works can be approached without a previously
obtained building permit, if the facility is built immediately before or during natural disasters, as well as
to eliminate harmful consequences of these disasters, immediately after their occurrence, in case of
energy failure facilities or telecommunications systems, as well as in the event of war or imminent
danger of war.

In the event of a breakdown in energy facilities and telecommunications systems, the owner of the
facility or system has the obligation to immediately notify the body responsible for construction
inspection of the accident.

The facility referred to in paragraph 1 of this Article may remain permanent, if the investor obtains a
construction permit or decision referred to in Article 145 of this Law, within one year from the date of
cessation of hazards that caused its construction or execution of works.

If the investor does not obtain a construction permit for the facility referred to in paragraph 1 of this
Article within the prescribed period, he is obliged to remove such facility within the period determined by
the body responsible for construction inspection, which may not exceed 30 days.

11. Construction of facilities and performance of works for which a building permit
is not issued

Article 144
A special type of facilities may be built, ie certain works may be performed without obtaining an act of
the competent authority, in accordance with a special regulation referred to in Article 201, paragraph 7,
item 13a) of this Law.

Article 145
At the request of the investor for the construction of certain types of facilities, ie performance of certain
works which are more closely determined by the regulation from Article 201, paragraph 7, item 13a) of
this Law, the body competent for issuing construction permits shall issue a decision on approval for
works.

The decision on approval for works shall be issued to the investor who has the appropriate right to the
land or facility and who has submitted the necessary technical documentation, evidence of payment of
appropriate fees and charges and other evidence in accordance with the regulation governing the
unified procedure.

According to the requests for issuing a decision approving the execution of works on facilities, ie
surfaces referred to in Article 2, item 24), 24a), 24c and 24d) of this Law, public fountains and fountains,
as well as for investment maintenance and adaptation of facilities within the national park and facilities
within the protection of protected natural assets of great importance, as well as for investment
maintenance works and adaptation in the protected environment of cultural goods of exceptional
importance and cultural goods inscribed in the World Cultural Heritage List, shall be decided by the
competent body of the local self-government unit on whose territory the object in question is located.
The competent authority shall reject the request by a decision if the works specified in the request
require the issuance of a construction permit, within five working days from the day of submitting the
request.

The competent authority shall issue a decision on the request referred to in paragraph 1 of this Article
within five working days from the date of submission of the request.

On the decision from art. 3, 4 and 5 of this Article, an appeal may be lodged with the competent
authority within eight days from the day of delivery of the decision.

Upon completion of construction, ie execution of works, for the facilities referred to in paragraph 1 of this
Article, at the request of the investor, the competent authority may issue a use permit.

Final decision referred to in paragraph 5 of this Article, for facilities that in accordance with the
provisions of the law governing entry in the public book of real estate records and rights to them may be
entered in public records, as well as for changing the purpose of the facility or part of the facility works,
is the basis for entry in the public book of real estate records and rights to them, and if the object in
question, or the execution of works and issued a use permit at the request of the investor, the basis for
entry in the public book is a final decision from paragraph 3 of this article and a final decision on the use
permit.

For the period of validity and amendment of the decision on approval referred to in this Article, the
provisions on the period of validity and amendment of the decision on construction permit shall apply
accordingly.

Article 146
Installation and removal of small prefabricated buildings of temporary character on public and other
surfaces, balloon halls for sports purposes, canopies for sheltering people in public transport, facilities
for depositing and separating river aggregates and vessels on water land, provided and regulated by
local self-government units.

Minor prefabricated buildings referred to in paragraph 1 of this Article are: buildings of prefabricated and
dismantling type, exclusively kiosks up to 10.5 m 2 , gardens of catering facilities, stalls and other mobile
furniture that is installed and removed on the basis of programs adopted by local governments a period
of up to ten years.

If the facility referred to in paragraph 2 of this Article is located in a protected natural or cultural property,
prior to the adoption of the program referred to in paragraph 2 of this Article, the consent of the manager
of that public good and the ministry responsible for spatial planning and urbanism shall be obtained.

The construction and erection of monuments and memorials on public areas is provided and regulated
by the local self-government unit, with the previously obtained consent of the ministry in charge of
cultural affairs. The construction of monuments and memorials outside public areas is prohibited.

12. Temporary building permit

Article 147
Temporary building permit is issued for the construction of: asphalt bases, temporary toll stations with
ancillary facilities, unit separation, concrete factories, freestanding, anchored meteorological
anemometer poles, as well as poles for other purposes, temporary roads and connections, construction
camp, utility network connections for the needs of construction or operation of facilities, as well as for
the performance of investigative works on the site, in order to determine the conditions for the
development of the project for the construction and relocation of existing installations and demonstration
apartment within the residential complex under construction.

The provisions relating to the issuance of a decision referred to in Article 145 of this Law shall apply to
the procedure of issuing a temporary construction permit and its content.

Temporary construction permit, except for the construction of facilities referred to in paragraph 1 of this
Article, may be issued for the performance of works on production facilities or facilities in the function of
production facilities, for which a request for legalization has been submitted, in order to bring the facility
into functional condition. production or renewal of the production process. After the completion of works
on investment maintenance, adaptation, reconstruction or rehabilitation, the investor is obliged to submit
to the body responsible for legalization the technical description and list of works on investment
maintenance, conceptual design, ie project for execution, depending on the works performed.

For the works referred to in paragraph 3 of this Article, a temporary construction permit may be issued if
the investor is registered as the owner of the construction land on which the facility was built.

Depending on the type of facility, ie works, the temporary construction permit is issued for a specific
period in which the facility can be used or performed works, and which cannot be longer than three
years from the date of issuance of the temporary construction permit.

In the event that the investor does not remove the temporary facility within the specified period, the body
that issued the temporary construction permit shall, ex officio, submit a request to the construction
inspection for removal.

An appeal against the decision of the construction inspector does not delay the execution of the
decision.

At the request of the investor, the decision on the temporary construction permit can be extended once
for another three years. Upon expiration of the subsequent deadline, the provisions of this Article on the
removal of the temporary facility shall apply.

VII CONSTRUCTION
1. Registration of works

Article 148
The investor submits the application for works to the body that issued the construction permit before the
start of the works.

Along with the application for works, proof of regulation of obligations regarding contributions for
arranging construction land, in accordance with this law, decision on house number, proof of paid
administrative fee, as well as other evidence determined by the regulation which regulates the
procedure of conducting the unified procedure.

Immediately upon receipt of a valid application, the body that issued the construction permit, ex officio,
submits to the body responsible for state survey and cadastre a final decision on the construction
permit, certificate of application and excerpt from the project with graphic attachments and specification
of special parts, in order to registration of the pre-registration of the building under construction.

For line infrastructure facilities, in addition to the evidence referred to in paragraph 2 of this Article, when
the decision on the construction permit is issued on the basis of the final decision on expropriation, the
act of the ministry responsible for finance on possession of real estate shall be submitted. concluded a
contract on the right of servitude in accordance with this law.

The investor submits a report of works for the entire facility, or for part of the facility.

The investor is obliged to make applications for works for all parts of that facility before issuing the use
permit for the facility.

In case the construction permit is issued on the basis of the investor's statement referred to in Article 69,
paragraph 9 of this Law, the application for works may be submitted only for the part of the facility for
which the investor submitted proof of resolved property relations in accordance with this Law.

When the construction permit, ie the decision on approval for performance of works referred to in Article
145 of this Law is issued for several cadastral parcels, ie for parts of cadastral parcels, proof of resolved
property-legal relations shall be submitted as proof of appropriate right, in accordance with this Law , for
cadastral parcels included in the re-parcelling project, which is an integral part of the project for building
permit, ie preliminary design, with the obligation of the investor to obtain a certificate of re-parcelling or
parcelling project before issuing the use permit and implementing that re-parcelling or parcelling project.

In the application referred to in paragraph 1 of this Article, the investor shall state the start date and the
deadline for completion of construction, ie execution of works.

The competent authority shall notify the construction inspection of the submitted application.

The deadline for the completion of construction shall begin to run from the day of submission of the
application referred to in paragraph 1 of this Article.

2. Preparation for construction

Article 149
Before the start of construction, the investor provides: marking of the construction plot, regulation,
leveling and construction lines, in accordance with the regulations governing the performance of
geodetic works; marking the construction site with an appropriate board, which contains: data on the
facility under construction, the investor, the responsible designer, the number of the construction permit,
the contractor, the start of construction and the deadline for completion of construction.

3. Execution of works

Article 150
The construction of the facility, ie the execution of works may be performed by a legal entity or an
entrepreneur (hereinafter: the contractor), established in accordance with the law which:

1) has employed, ie employed licensed contractors entered in the register of licensed contractors in
accordance with this Law and regulations adopted on the basis of this Law, with professional results;

2) has appropriate professional results;

3) has a decision on fulfillment of conditions for construction of the appropriate type of facilities, ie
performance of the appropriate type of works on those facilities;

4) is entered in the appropriate register for the construction of the appropriate type of facilities, ie the
performance of appropriate works on those facilities, maintained by the ministry responsible for planning
and construction in accordance with this Law.

If the contractor hires another legal entity or another entrepreneur (hereinafter: subcontractor) for certain
works, the subcontractor must meet the requirements prescribed by this law and regulations adopted on
the basis of this law, to perform the type of work for which he is hired.

Appropriate professional results, in terms of paragraph 1 of this Article, have a licensed contractor, or
legal entity or entrepreneur who has built or participated in the construction of a particular type of facility,
or the performance of certain works on that type of facility.

The Minister in charge of planning and construction shall prescribe in detail the conditions to be met by
legal entities and entrepreneurs referred to in paragraph 1 of this Article.

The Minister in charge of planning and construction shall form a commission to determine the fulfillment
of the conditions for performing professional activities of building facilities, ie performing works.

At the proposal of the commission referred to in paragraph 5 of this Article, the Minister responsible for
construction affairs shall issue a decision on fulfillment of conditions for construction works, ie execution
of works and entry in the register referred to in paragraph 1 of this Article.

The decision referred to in paragraph 6 of this Article is final on the day of delivery and is adopted with a
validity period of two years.

The costs of determining the fulfillment of the conditions referred to in paragraph 4 of this Article shall be
borne by the applicant for determining the conditions.

The amount of costs referred to in paragraph 8 of this Article shall be determined by the Minister
responsible for construction affairs.

4. Responsible contractor

Article 151
The management of the construction of the facility, ie the execution of works within the appropriate
professional field is performed by the responsible contractor when determined by the contractor.

Professional activities of construction management, ie performance of works in the capacity of


responsible contractor, may be performed by a person who in accordance with this law and regulations
issued on the basis of this law was issued a license to perform works - licensed contractor and entered
in the register of licensed contractors. in accordance with this law and the regulation governing the
taking of the professional exam, the issuance of a license and entry in the register.

The license for performance of works is issued for professional, ie already professional fields of
architecture, landscape architecture, construction, electrical engineering, mechanical, traffic, geodetic,
technological, metallurgical and geological engineering, forestry and agriculture.

The licensed contractor may be a person with acquired higher education in the relevant professional
field referred to in paragraph 3 of this Article, in academic or vocational studies of at least 300 ECTS or
equivalent level determined by other special regulations, passed professional exam, professional
experience of at least three years and professional results (references) from the corresponding
professional, ie already professional field.

A licensed contractor may also be a person with acquired higher education in the relevant professional
field referred to in paragraph 3 of this Article, in academic or vocational studies of at least 180 ECTS,
passed professional exam, professional experience of at least five years and professional results
(references ) from the corresponding professional, ie narrower professional field on construction of
facilities, ie execution of works for which the construction permit is issued by the local self-government
unit, floors Po + P + 4 + Pk whose total area does not exceed 2,000 m 2gross area, buildings of less
complex constructions up to 12 m, local and uncategorized roads and streets, internal installations of
water supply and sewerage, heating and air conditioning and electrical installations, internal gas
installations, as well as performing certain construction and installation works and works on the interior
landscaping and landscaping.

Professional experience in terms of para. 4 and 5 of this Article shall be considered the experience
gained in the construction of facilities, ie performing works in the relevant professional or narrower
professional field for which the professional exam is taken in accordance with this Law and the
regulation governing taking the professional exam, issuing licenses and enrolling in the register.

Person who has been issued a license for a responsible contractor in accordance with the regulations in
force until the entry into force of this law in the professional fields of architecture, landscape
architecture, construction, electrical, mechanical, traffic, geodetic, technological, metallurgical and
geological engineering, forestry and agriculture , has the right to perform professional activities that can
be performed by a licensed contractor in accordance with this Law, and within the professional field for
which he has acquired appropriate education and which is accordingly entered in the register of licensed
contractors.

5. Obligations of the contractor and the responsible contractor

Article 152
The contractor is obliged to:

1) before the start of works, sign the project for execution;

2) appoint a responsible contractor on the construction site by a decision;

3) provide the responsible contractor with a construction contract and documentation on the basis of
which the facility is being built;
4) provide preventive measures for safe and healthy work, in accordance with the law.

The contractor shall submit to the body that issued the construction permit a statement on the
completion of the construction of the foundation and on the completion of the facility in a constructive
sense.

The contractor shall enclose a geodetic survey of the constructed foundations with the statement on the
completion of the construction of the foundation, and a geodetic survey of the facility in the constructive
sense with the statement on the completion of the construction of the facility, in accordance with the
regulations governing geodetic works.

Notwithstanding paragraph 3, for facilities referred to in Article 2, item 26) of this Law, a statement on
the completion of the foundation shall not be submitted.

The competent authority, within three days from the date of receipt of the statement referred to in
paragraph 2 of this Article, shall notify the competent construction inspection of the completion of
construction of the foundation or structure in a constructive sense. .

The control over whether the foundations were built in accordance with the construction permit is
performed by the construction inspector during the regular inspection control, which he conducts by
going to the construction site. If the competent authority, when receiving the application for completion of
the foundation, ie the object, constructively notices that there is a deviation of the geodetic survey in
relation to the construction permit, it shall immediately notify the construction inspector in order to take
measures within its competence.

The Contractor shall warn the investor in writing, and if necessary the body supervising the application
of the provisions of this Law, of deficiencies in technical documentation and unforeseen circumstances
that affect the performance of works and application of technical documentation (changes in technical
regulations, standards and quality standards after performed technical controls, occurrence of
archeological sites, activation of landslides, occurrence of groundwater, etc.).

The responsible contractor is obliged to:

1) performs works according to the documentation on the basis of which the construction permit was
issued, ie the project for execution, in accordance with regulations, standards, including standards of
accessibility to technical norms and quality standards applicable to certain types of works, installations
and equipment;

2) organize the construction site in a way that will provide access to the location, ensuring the smooth
flow of traffic, protection of the environment during the construction;

3) ensures the safety of the facility, persons located on the construction site and its surroundings
(neighboring facilities and roads);

3a) ensure the execution of works in a way that meets the basic requirements for the facility, the
requirements prescribed for the energy performance of the facility and other requirements and
conditions for the facility;

3b) provides evidence of the performance of installed construction products in relation to their essential
characteristics, evidence of compliance of installed equipment and / or plant in accordance with special
regulations, documents on compliance of certain parts of the facility with basic requirements for the
facility, as well as evidence of quality records on implemented quality control procedures, etc.), whose
obligation to collect during the construction and other works for all performed parts of the facility and
works performed, is determined by this law, special regulation or technical documentation;

3c) manage construction waste generated during construction on the construction site in accordance
with the regulations governing waste management;

3g) use and / or store construction waste generated during construction on the construction site in
accordance with the regulations governing waste management;

4) provides proof of the quality of work performed, ie installed material, installations and equipment;

5) keep the construction diary, construction book and provide the inspection book;

6) provides measurements and geodetic observation of soil and object behavior during construction;

7) provide facilities and environment in case of interruption of works;

8) provide a construction contract on the construction site, a decision on determining the responsible
contractor on the construction site and a project for construction, ie documentation on the basis of which
the facility is being built.

6. Professional supervision

Article 153
The investor provides professional supervision during the construction of the facility, ie the execution of
works for which a building permit has been issued.

Professional supervision includes: control of whether the construction is carried out according to the
construction permit, ie according to the technical documentation according to which the construction
permit was issued; control and verification of the quality of execution of all types of works and
application of regulations, standards and technical norms, including accessibility standards; control and
verification of the amount of work performed; check whether there is evidence of the quality of
construction products, equipment and facilities to be installed; giving instructions to the
contractor; cooperation with the designer in order to provide details of technological and organizational
solutions for the execution of works and resolve other issues that arise during the execution of works.

Professional supervision may be performed by a person who meets the requirements prescribed by this
Law for a responsible designer or a responsible contractor.

Professional supervision for the construction of facilities may be performed by a person who meets the
conditions referred to in paragraph 3 of this Article and who is employed in a company or other legal
entity or by an entrepreneur who has a decision on meeting the requirements for technical
documentation or work on that type of facilities. , in accordance with this law.

Persons employed in a company, ie other legal entity or entrepreneurial activity that is the contractor on
that facility, persons performing inspection supervision, as well as persons working on issuing
construction permits in the body responsible for issuing the construction permit.
Article 153a
The Minister in charge of construction affairs shall prescribe which facilities are not subject to the
provisions of this Law on the contractor, the responsible contractor, the obligation to determine
professional supervision and technical inspection of the facility.

VIII USE PERMIT


1. Technical inspection of the facility

Article 154
The suitability of the facility for use is determined by a technical inspection.

The technical inspection of the facility is performed after the completion of the construction of the facility,
ie the part of the facility that represents the technical-technological whole and can be used as such
independently.

Technical inspection can be performed for line infrastructure facilities that are performed in phases and,
accordingly, a use permit can be issued even when individual phases do not represent a technical-
technological unit.

Technical inspection can be performed in parallel with the execution of works.

Technical inspection includes control of compliance of performed works with construction permit and
technical documentation on the basis of which the facility was built, as well as with technical regulations
and standards related to certain types of works, ie construction products, equipment and plants.

Notwithstanding paragraph 2 of this Article, when performing a technical inspection of a line


infrastructure facility, each individual section, which is not considered a technical-technological unit, as
such may be used independently.

1.1. Commission for technical inspection of the facility

Article 155
Technical inspection of facilities is performed by a commission formed by the investor, or a commission
formed by a company, another legal entity, or an entrepreneur entrusted by the investor and entered in
the appropriate register of economic entities, in accordance with this law and regulations governing the
content. minutes of the technical inspection, the composition of the technical inspection commission, as
well as the manner of performing the technical inspection.

When the subject of technical inspection is a facility for which special fire protection measures have
been determined, a member of the technical inspection commission is also a fire protection engineer
with an appropriate license.

Technical inspection of the facility is provided by the investor, in accordance with this law.

The costs of technical inspection are borne by the investor.


Notwithstanding the provision from paragraph 3 of this Article, technical inspection of the facility or part
of the facility that represents the whole and can be used as such, may be provided by another person
who has an interest, in which case the person bears the costs of technical inspection.

The person referred to in paragraph 5 of this Article, after obtaining a positive opinion of the commission
for technical inspection of the facility, has the right to submit a request for the issuance of a use permit.

Article 156
A person who meets the conditions prescribed by this Law for the responsible designer, ie the
responsible contractor for that type of facilities, may participate in the technical inspection.

In the performance of technical inspection, for facilities for which an environmental impact study has
been performed, a person who is an expert in the field that is the subject of the study, and who has
acquired higher education in the relevant profession or field, must participate in studies of the second
degree of graduate academic study. - master's degree, specialist academic studies, ie undergraduate
studies lasting at least five years.

Persons employed in the company, or other legal entity that has prepared technical documentation or
was a contractor for investors, persons who participated in the preparation of technical documentation
and environmental impact studies, or in the performance of technical inspection may not participate in
the technical inspection. works with investors, persons who have performed professional supervision,
persons who perform inspection supervision as well as persons who work on the issuance of
construction permits in the body responsible for issuing construction permits.

It is not possible to perform a technical inspection of a building or its part, nor to approve its use if the
building, ie its part, was built without a building permit.

1.2. Probation period

Article 157
If, in order to determine the suitability of the facility for use, preliminary tests and inspections of
installations, devices, plants, stability or safety of the facility, devices and facilities for environmental
protection, fire protection devices or other tests must be performed, or if provided by technical
documentation, the technical inspection commission, ie the company or other legal entity entrusted with
the technical inspection may approve the commissioning of the facility, provided that it determines that
the conditions are met, and notify the competent authority without delay.

The trial period may last for a maximum of one year. It is the obligation of the investor to monitor the
results of the trial work.

The Technical Inspection Commission, ie the company or other legal entity entrusted with the technical
inspection, during the trial operation of the facility checks the fulfillment of the conditions for issuing the
use permit and submits a report to the investor.

2. Issuance of use permit

Article 158
The facility for which the issuance of a construction permit is envisaged in accordance with this Law
may be used according to the previously obtained use permit.

The body that issued the construction permit shall issue a decision on the use permit, within five working
days from the day of submitting the request for issuing the use permit.

The use permit is issued on the basis of a final decision on the construction permit and the application of
works referred to in Article 148 of this Law.

The use permit may also be issued on the basis of the final decision on the construction permit and the
application of works referred to in Article 148 of this Law, at the risk and responsibility of the investor.

The request for the issuance of the use permit is accompanied by the report of the commission for
technical inspection which determines that the facility is suitable for use with a proposal to issue a use
permit, the project of the constructed facility prepared in accordance with the rulebook execution and
statement of expert supervision, contractor and investor that it has not deviated from the construction
project, and for facilities referred to in Article 145 of this Law for which no drafting is prescribed for
execution of statements of investor, expert supervision and responsible contractor project, specification
of special parts, decision on determining the house number, study of geodetic works for the constructed
building and special parts of the building and study of geodetic works for underground
installations,certificate of energy performance of the facility, if the facility is required to obtain a certificate
of energy performance, as well as other evidence in accordance with the regulation which further
regulates the procedure for implementing the unified procedure.

The competent authority will not issue a use permit for a facility for which, in accordance with the law, no
statements have been submitted on the completion of the foundation and completion of the facility in a
constructive sense, until the proper documentation is obtained.

The use permit is issued at the request of the investor when the construction permit is issued, ie at the
request of the financier or the person to whom the real estate cadastre pre-recorded the acquisition of
the building under construction, or the person who pre-registered the acquisition of a special part of the
building under construction.

Notwithstanding paragraph 7 of this Article, in the event that a housing association for residential or
residential-business buildings or associations has been formed in accordance with the law governing
housing, a request for the issuance of a use permit may be submitted by a residential association or
association.

The use permit is issued for the entire facility or for the part of the facility that represents the technical-
technological unit and can be used as such independently, except in the case referred to in Article 81,
paragraph 5 of this Law.

The use permit also contains the warranty period for the facility and certain types of work determined by
a special regulation.

The use permit is submitted to the investor and the competent construction inspector.
If the facility is subject to the obligation to obtain an integrated permit, it may be used only with the
obtained permit referred to in paragraph 1 of this Article and the integrated permit prescribed by a
special law.

An appeal may be lodged against the decision referred to in paragraph 2 of this Article within eight days
from the day of delivery.

An appeal may not be lodged against the decision referred to in paragraph 2 of this Article, when the
decision is made by the ministry in charge of construction, ie the competent body of the autonomous
province, but an administrative dispute may be initiated within 30 days from the day of delivery.

Exceptionally, the facility may be used without a use permit, if within five working days from the date of
application for a permit, accompanied by the findings of the technical inspection commission which
determines that the facility is suitable for use and the proposal that to issue a use permit, the competent
authority did not issue a use permit, nor did it refuse to issue a use permit by a decision.

Within five working days after the validity of the issued use permit, the competent authority ex officio
submits to the body responsible for state survey and cadastre the use permit, study of geodetic works
for the constructed object and special parts of the object, as well as study of geodetic works for
underground installations.

The body in charge of state survey and cadastre registers property rights on the facility, ie special parts
of the facility, and informs the investor and the competent administrative body within seven days of
submitting the use permit, and within 30 days makes the appropriate entry in the line cadastre.

Before issuing the use permit, the study of geodetic works is submitted for review to the body
responsible for state survey and cadastre.

During the review of the study referred to in paragraph 18 of this Article, the deadlines prescribed for the
issuance of the use permit do not run.

Article 158a
If, after issuing the decision on the use permit, the body in charge of state survey and cadastre
determines that there is a discrepancy between the issued decision on the use permit and the data in
the study of geodetic works, it will order harmonization of these data before registering property
rights. The body in charge of state survey and cadastre, immediately after determining the inconsistency
of data, informs the body in charge of issuing the decision on the use permit, which ex officio initiates
the procedure and harmonizes data based on the fact from the study of geodetic works, submitted by
the investor and issues a new decision on the use permit.

If after the issuance of the decision on the use permit and registration of property rights on the facility
and special parts of the facility, it is subsequently determined that the issued decision on the use permit
violates a legal provision or some other obvious error (incorrectly calculated contribution amount, error
in numbering special parts). incorrect calculation of areas, etc.), the competent authority will, at the
request of the investor, change the decision on the use permit.
The decision referred to in paragraph 2 of this Article shall, ex officio, be submitted to the body
responsible for state survey and cadastre and shall be a document suitable for registration of the
change.

If the body competent for issuing the use permit determines that the request for change of the use
permit referred to in paragraph 2 of this Article is grounded, it shall issue a decision on change of the
use permit within five working days from the receipt of proper documentation.

3. Facility maintenance

Article 159
The owner of the facility for which the use permit has been issued ensures the performance of works on
investment and current maintenance of the facility as well as regular, extraordinary and specialist
inspections of the facility, in accordance with special regulations.

Article 160
The facility that is being built, ie whose construction was completed without a building permit, cannot be
connected to the electricity, gas, telecommunications or district heating network, water supply and
sewerage.

IX PROFESSIONAL EXAM, CONTINUOUS TRAINING AND


LICENSES FOR SPATIAL PLANNER, ARCHITECT, URBAN
ARCHITECT, ENGINEER AND CONTRACTOR AND FOREIGN
PERSONS PERFORMING PROFESSIONAL WORK
1. Professional exam and continuous training

Article 161
The professional exam is taken by a person who has acquired education in the relevant professional
field in academic or professional studies of at least 300 ECTS or equivalent level determined by other
special regulations and who has acquired at least three years of relevant professional experience and
achieved professional results. professional fields in accordance with the regulation which regulates in
more detail the conditions for taking the professional exam, issuing a license and entering in the
register.

Notwithstanding paragraph 1 of this Article, a professional exam may be taken by a person who has
acquired education in the relevant professional field in basic academic or professional studies of at least
180 ECTS and who has gained at least five years of relevant professional experience in that
professional or professional areas and achieved professional results in the construction of facilities, ie
the performance of works referred to in Article 151, paragraph 5 of this Law.

In the event that a person has acquired appropriate professional experience after completing basic
academic or vocational studies or during a higher level of academic or vocational education (master),
that professional experience is recognized in the total required experience referred to in paragraph 1 of
this Article. one year.
The professional exam is taken before the commission for taking the professional exam and issuing
licenses for spatial planner, urban planner, urban architect, engineer, architect, landscape architect and
contractor, which is formed by the Minister responsible for construction, spatial planning and urbanism
for each professional field. in accordance with the regulation adopted on the basis of this law.

The professional exam is taken according to the program for a certain professional, ie narrower
professional field whose scope and content corresponds to the type of work performed in accordance
with the law and for which the appropriate professional experience and acquired appropriate level and
type of education are proven.

The program for a certain professional, ie narrower professional field is prescribed in more detail by the
minister in charge of planning and construction.

The costs of taking the professional exam and issuing the license referred to in Article 162 of this Law
shall be borne by the person referred to in para. 1 and 2 of this Article, and may also be borne by a legal
entity or an entrepreneur when that person is employed or engaged.

Administrative-technical and technical tasks related to receiving and processing applications for taking
the professional exam and organizing taking the professional exam, the ministry responsible for
planning and construction may entrust to the Serbian Chamber of Engineers, or professional
organization or association on the basis of a contract concluded by the competent ministry. organization
or association.

Article 161a
Licensed spatial planner, licensed urban planner, licensed urban architect, licensed engineer, licensed
architect, licensed landscape architect and licensed contractor, are obliged to continuously improve their
knowledge and skills ( hereinafter: professional training) in order to acquire the conditions for the
extension of the right to perform professional work.

Licensed persons referred to in paragraph 1 of this Article are obliged to submit to the competent
ministry a certificate or other proof of professional training issued by the holder of professional training
for the purpose of keeping records of professional training in the register of licensed engineers,
architects and spatial planners and the register of licensed contractors.

Professional training is organized and conducted by the Chamber of Engineers of Serbia or another
legal entity, professional organization or association, which meets the conditions for professional training
(hereinafter: accreditation).

Accreditation includes checking the fulfillment of administrative and technical conditions and the
adequacy of professional development programs.

The fulfillment of the conditions referred to in paragraph 3 of this Article shall be verified by a
commission formed by a decision of the Minister responsible for planning and construction.

Based on the proposal of the commission referred to in paragraph 5 of this Article, the Minister
responsible for planning and construction shall issue a decision on issuing accreditation, ie a decision
on extending accreditation every two years.
The Minister in charge of planning and construction shall prescribe in detail the conditions and criteria
on the basis of which accreditation is issued, criteria for determining professional training programs for
certain professional fields, conditions and manner of conducting professional training of licensed and
other interested persons wishing to complete or improve their knowledge. for the purpose of continuous
monitoring of the development of the profession, as well as other issues of importance for the
implementation of professional development.

2. Issuance, revocation and renewal of licenses and the register of licensed


engineers, architects and spatial planners and the register of licensed contractors

Article 162
The Minister in charge of planning and construction shall issue a license to a person who has passed
the appropriate professional exam in accordance with Article 161 of this Law on the proposal of the
commission referred to in Article 161, paragraph 4 of this Law for a spatial planner, urban planner,
architect, urban planner, engineer, architect, landscape architect and contractor, on the basis of which
the entry in the register referred to in paragraph 4 of this Article is made ex officio.

An appeal against the decision referred to in paragraph 1 of this Article may be lodged with the
Government within five days from the day of delivery of the decision. An appeal does not delay the
execution of the decision.

An administrative dispute may be initiated against the decision of the Government.

The Ministry in charge of construction, spatial planning and urbanism keeps a register of licensed
engineers, architects and spatial planners, a register of licensed contractors and records of foreign
persons performing professional activities, which in particular contain the following data:

1) data on the licensed person, as follows: name and surname and unique personal identification
number of the citizen, or other personal identification number if the licensed person is a foreign citizen;

2) data on acquired education;

3) data on the license that the person has (license number, date of issue, etc.), with a description of
professional activities for which the license was issued;

4) status data (active or inactive);

5) data on concluded professional liability insurance in connection with Article 129a of this Law;

6) information on the procedures for determining professional responsibility, suspension or revocation of


the license;

7) data prescribed in more detail by the Minister responsible for construction, spatial planning and urban
planning;

8) other data.

The right to use the professional title, ie the right to perform professional activities determined by this
Law and regulations adopted on the basis of this Law shall be acquired by entering the active status in
the register referred to in paragraph 4 of this Article.
The following shall be entered in the register referred to in paragraph 4 of this Article: "not active":

1) at personal request;

2) failure to submit a valid professional liability insurance policy;

3) failure to meet the conditions for license extension in accordance with this Law;

4) suspension of the license in accordance with this Law;

5) on the basis of other reasons prescribed by law.

The Ministry in charge of construction, spatial planning and urbanism may entrust the keeping of
registers and records referred to in paragraph 4 of this Article to the Chamber of Engineers of Serbia by
contract.

Data that are not contained in the decision on the issuance of a license shall be entered in the register
referred to in paragraph 4 of this Article at the personal request or at the request of the competent
authority.

The Minister in charge of construction, spatial planning and urbanism decides to establish a commission
for determining violations of professional standards and norms (professional responsibilities), ie whether
a licensed spatial planner, licensed urban planner, licensed urban architect, licensed engineer, licensed
architect, licensed landscape architect and licensed the contractor unscrupulously, illegally, or
unprofessionally performs the work for which the license was issued to him or whether the license was
issued to him on the basis of incorrect or untrue information.

At the proposal of the commission referred to in paragraph 9 of this Article, if the professional
responsibility of licensed persons is determined, the Minister responsible for construction, spatial
planning and urbanism shall issue a decision to suspend or revoke the license referred to in paragraph
1 of this Article. , ie the records referred to in paragraph 4 of this Article.

An appeal may be lodged with the Government against the decision referred to in paragraph 10 of this
Article within five days from the day of delivery of the decision, and an administrative dispute may be
initiated against the decision of the Government.

The final decision referred to in paragraph 10 of this Article is the basis for deletion from the registers, ie
records referred to in paragraph 4 of this Article, ie for entry of the status "not active" in accordance with
paragraph 6, item 4) of this Article.

The procedure governing the general administrative procedure shall apply accordingly to the procedure
for determining the professional responsibility of licensed persons.

The person who is entered in the registers and records referred to in paragraph 4 of this Article shall be
issued a certificate on the data entered in the register, ie records in accordance with the regulation
governing the keeping of registers and records.

The Minister in charge of construction, spatial planning and urbanism, in accordance with the
regulations adopted on the basis of this Law, for three years from the date of issuance of the decision
referred to in paragraph 1 of this Article checks the fulfillment of conditions for renewal of licenses
referred to in paragraph 4 of this Article have an active status.
In case it is determined that the person does not meet the conditions for license extension, the Minister
in charge of construction, spatial planning and urbanism shall issue a decision establishing that fact and
on the basis of when the change in the registers referred to in paragraph 4 of this Article is made.

3. Foreign persons performing professional activities in the field of spatial and


urban planning, preparation of technical documentation, construction and energy
efficiency

Article 162a
A natural person who has been issued a license or other authorization, or a person who is entered in the
appropriate register of the competent authority or body according to the regulations of another state
(hereinafter: foreign authorized natural person), to perform professional activities the right in the
Republic of Serbia to perform these professional activities in the capacity of a responsible person under
the conditions of reciprocity and if it meets the conditions established by this Law, regulations adopted
on the basis of this Law and a special law governing the recognition of foreign professional
qualifications.

A foreign authorized natural person must meet the conditions established by the law governing the
employment and work of foreigners.

The procedure for determining the fulfillment of conditions referred to in paragraph 1 of this Article shall
be conducted by the ministry responsible for planning and construction in accordance with this Law and
regulations adopted on the basis of this Law, special law governing the recognition of professional
qualifications and other special regulations.

At the proposal of the commission referred to in Article 161, paragraph 4 of this Law, the Minister
responsible for planning and construction shall issue a decision on meeting the conditions referred to in
paragraph 1 of this Article, based on when ex officio entry in the records referred to in Article 162,
paragraph 4. of this article.

An appeal against the decision referred to in paragraph 4 of this Article may be lodged with the
Government within five days from the day of delivery of the decision. An appeal does not delay the
execution of the decision.

An administrative dispute may be initiated against the decision of the Government.

Article 162b
A foreign legal entity, ie an entrepreneur with a registered office in another state has the right to perform
professional activities determined by this Law in the Republic of Serbia, under the same conditions to be
fulfilled by a legal entity or an entrepreneur with a registered office in the Republic of Serbia. under this
law.

The provision of paragraph 1 of this Article shall not apply to legal entities, ie entrepreneurs with a
registered office in a state signatory to the European Economic Area (hereinafter: EEA) after the
accession of the Republic of Serbia to the European Union.
The procedure for determining the fulfillment of the conditions referred to in paragraph 1 of this Article
shall be conducted by the ministry in charge of planning and construction in accordance with this Law
and regulations adopted on the basis of this Law.

At the proposal of the commission referred to in Art. 36, 126 and 150 of this Law, the Minister in charge
of planning and construction shall issue a decision on fulfillment of the conditions referred to in
paragraph 1 of this Article.

An appeal against the decision referred to in paragraph 4 of this Article may be lodged with the
Government within five days from the day of delivery of the decision. An appeal does not delay the
execution of the decision.

An administrative dispute may be initiated against the decision of the Government.

Article 162c
A foreign natural person is recognized as having concluded a contract on professional liability insurance
in another country in which he resides, if the insured is covered by a guarantee that is equivalent or
comparable to the purpose or subject of insurance, where the amount of insurance may not be less than
which is determined by the regulations governing professional liability insurance for performing activities
in the field of spatial planning and construction in the Republic of Serbia.

Article 162g
In performing professional tasks determined by this Law in the capacity of a responsible person in the
Republic of Serbia, a foreign authorized natural person is obliged to apply the regulations of the
Republic of Serbia, know and use the Serbian language to the extent sufficient to perform tasks in the
relevant professional field. in accordance with this law.

A foreign authorized person who uses the translation service in the performance of professional
activities in the capacity of a responsible person, does so at his own risk and expense.

4. Recognition of professional qualifications in the field of spatial and urban


planning, preparation of technical documentation and construction for foreign
persons who are signatories to the EEA

Article 162d
A foreign authorized natural person who is a citizen of the EEA signatory has the right in the Republic of
Serbia to permanently perform professional activities for which he is authorized, and which correspond
to professional activities determined by this Law, in the capacity of responsible person. business in the
Republic of Serbia, provided that it is entered in the records of foreign persons kept by the ministry
responsible for planning and construction in accordance with this law and regulations adopted on the
basis of this law.

Provisions on automatic recognition of professional qualifications in accordance with special regulations


shall apply to persons of the architectural profession - architects of foreign authorized persons who
intend to perform urban planning, design and / or professional supervision, construction or execution of
works in the Republic of Serbia.
Article 162
A foreign authorized natural person who is a citizen of the EEA signatory has the right in the Republic of
Serbia to temporarily or occasionally perform professional activities for which he is authorized, and
which correspond to professional activities determined by this Law, in the capacity of responsible
person. performing these tasks in the Republic of Serbia, provided that prior to the commencement of
the first job, it notifies the ministry in charge of planning and construction with a written or electronic
statement and provided that:

1) possesses the professional qualifications necessary for the performance of professional tasks
determined by this Law and a special law which regulates the recognition of professional qualifications
and other special regulations;

2) is insured against professional liability for damage that it could cause to the investor or other persons
by performing professional activities determined by this Law in the capacity of a responsible person;

3) has not been convicted of a criminal offense against the Republic of Serbia, for criminal offenses
against the constitutional order and security of the Republic of Serbia or a criminal offense committed
out of selfishness.

Temporary performance of professional activities of a foreign authorized natural person is considered to


be the performance of activities determined by this Law for a certain period of time, up to one year, with
the possibility of extending that period.

Occasional performance of professional tasks of a foreign authorized natural person is considered to be


the performance of tasks determined by this Law, for a specific job (preparation of technical
documentation, performance of works, etc.).

Article 162e
Along with the statement referred to in Article 162 of this Law, the applicant shall enclose:

1) proof of citizenship;

2) authorization to perform professional activities in the capacity of a responsible person in the country
from which he comes, which correspond to the activities determined by this Law;

3) a certificate confirming that in the EEA State Party it performs professional activities in the capacity of
an authorized person, which correspond to the professional activities performed by the licensed person
in accordance with this Law;

4) proof that he is insured against professional liability for damage that he could do to the investor or
other persons by performing professional tasks determined by this Law in the capacity of a responsible
person;

5) certificate / proof of impunity, ie that no measure of temporary or permanent deprivation of the right to
perform work in the professional field for which he / she has the authority of another state has been
imposed.

If in the country from which the foreign authorized natural person comes, professional activities
corresponding to the tasks determined by this Law are performed without special authorization, instead
of the evidence referred to in paragraph 1, item 2) of this Article, the application shall be accompanied
by proof that the applicant is an authorized person. performed full-time or part-time, for a total period of
at least one year in the last ten years in a Member State where the profession or profession is not
regulated by special laws.

Article 162g
The statement referred to in Article 162 of this Law shall be submitted for each year in which the
applicant intends to temporarily or occasionally perform professional activities in the Republic of Serbia.

The Ministry in charge of planning and construction shall assess for an individual case whether it is a
temporary or occasional performance of work in terms of Article 162 of this Law.

Article 162z
In case of submitting the statement referred to in Article 162 of this Law, the ministry responsible for
planning and construction, in accordance with the provisions of this Law and the special law governing
the recognition of foreign professional qualifications, checks whether the applicant meets the prescribed
conditions for temporary or occasional professional activities. by law and issue a certificate within 30
days from the date of receipt of the application.

The person may start performing professional activities after submitting the statement, and before
issuing the certificate referred to in paragraph 1 of this Article.

When submitting the first statement referred to in Article 162 of this Law, the ministry responsible for
planning and construction shall conduct the procedure of verification of foreign professional
qualifications in accordance with the provisions of this Law and a special law governing the recognition
of foreign professional qualifications.

Article 162i
The request for each subsequent issuance of the certificate referred to in Article 162z paragraph 1 of
this Law shall be accompanied by proof that the applicant is insured against professional liability for
damage that he could do to the investor or other persons by performing professional activities as a
responsible person. If there are significant changes in the circumstances confirmed by the previously
submitted documents, the documents of influence for the assessment of that change are also submitted.

The act on re-issuance of the certificate referred to in paragraph 1 of this Article, ie the decision rejecting
the request of foreign authorized natural persons for temporary or occasional performance of
professional activities determined by this Law shall be entered in the records on submitted and
approved requests for temporary and occasional performance kept by the competent authority. , or
body.

Article 162j
A foreign legal entity, ie an entrepreneur with a registered office in the EEA signatory state, has the right
in the Republic of Serbia to temporarily and occasionally perform professional activities for which it is
approved according to the regulations of the state in which it has its registered office. inform the
competent authority or body by a statement in written or electronic form.
Along with the statement referred to in paragraph 1 of this Article, the person must enclose documents
proving:

1) the right to perform professional activities in the country of residence of the foreign legal entity, ie
entrepreneur;

2) that it is insured against liability for damage that could be caused to the investor or other persons by
performing professional activities.

Article 162k
Certificate for uninterrupted performance of professional activities in the territory of the EEA State Party
to a legal or natural person, ie entrepreneur entrepreneur resident in the Republic of Serbia (hereinafter:
EU certificate), who intends to perform professional activities in the EEA State Party determined by this
Law. on a temporary and occasional basis, issued by the ministry responsible for planning and
construction, in accordance with the regulation which further regulates the appearance and content of
the EU certificate.

Article 162l
To exercise the right to perform professional activities in the field of spatial and urban planning,
preparation of technical documentation and construction in the capacity of an authorized person in the
EEA State to a natural or legal person or entrepreneur resident in the Republic of Serbia who intends to
perform in the EEA State permanently or on a temporary and occasional basis, the relevant competent
authority for issuing the European Professional Card (hereinafter: EPC Card), conducts processing /
preparation of the Internal Market Information System (hereinafter: IMI system), according to a special
regulation governing the recognition foreign professional qualifications.

X CHAMBER OF ENGINEERS OF SERBIA


Article 163
The Chamber of Engineers of Serbia (hereinafter: the Chamber) is a legal entity based in Belgrade,
established by the Law on Planning and Construction in order to improve the conditions for performing
professional activities in the field of spatial and urban planning, design, construction and other areas
important for planning and construction, protection of general and individual interest in performing
activities in these areas, as well as in order to achieve other goals.

The work of the Chamber is public.

The Chamber publishes the Statute and other general acts of the Chamber in the "Official Gazette of the
Republic of Serbia" and on its official website, within three days from the day of its adoption.

Article 164
The Chamber performs the following tasks:

1) determines the professional rights and duties and ethical norms of behavior of members in
performing the tasks of drafting planning documents, designing and performing works;

2) promote and provide professional training of licensed persons referred to in Article 161a of this Law;
3) propose technical bases for drafting regulations in the field of planning and construction;

4) determine the amount of membership fees of members of the Chamber;

5) protects and represents the members of the Chamber in the country and abroad;

6) establish, maintain and improve cooperation with competent professional organizations of other
countries;

7) determine the minimum prices for the preparation of planning and technical documentation, technical
controls, technical inspections and supervision for buildings and engineering facilities;

8) perform other tasks in accordance with the law.

The organization and manner of performing the activities referred to in paragraph 1 of this Article shall
be regulated in more detail by the statute and general acts of the Chamber.

The statute and general acts of the Chamber are approved by the ministry in charge of construction,
spatial planning and urbanism, with the opinion of the provincial secretariat in charge of construction,
spatial planning and urbanism.

Article 165
The bodies of the Chamber are the Assembly, the Board of Directors, the Supervisory Board and the
President of the Chamber.

The Chamber is organized into six main sections, namely: Main Section of Architects, Main Section of
Civil Engineers, Main Section of Electrical Engineers, Main Section of Mechanical Engineers, Main
Section of Engineers of Other Technical Professions and Main Section of Spatial Planners.

The work of the parent section is managed by the executive board of the section.

The Assembly of the Chamber has 60 members.

The Assembly of the Chamber consists of representatives of the parent sections. Each parent section
delegates an equal number of its representatives.

The Management Board has twelve members, six of whom are appointed by the competent ministry,
and six members are the presidents of the executive boards of each of the parent sections who are
members of the Management Board by position.

The Board of Directors has a chairman and a vice-chairman. The President is elected by the Board of
Directors from among the members of the Board of Directors appointed by the competent ministry, and
the Vice President from among the members of the Executive Boards of the parent sections.

The term of office of the President, Vice-President and members of the Management Board is two years
and may be elected twice.

The Supervisory Board consists of the President and one member appointed by the competent ministry
and one member elected by the Assembly of the Chamber.

The term of office of the President and members of the Supervisory Board is five years and they can be
elected once.
The President of the Chamber is appointed by the Assembly of the Chamber.

The composition, scope and manner of election of the body is determined by the Statute of the
Chamber.

Article 166
The Chamber obtains funds for its work from membership fees and other sources in accordance with
the law and general acts of the Chamber.

The Chamber determines the amount of the membership fee, with the previously obtained consent of
the Minister in charge of construction, spatial planning and urbanism.

Supervision over the legality of the work of the Chamber is performed by the ministry in charge of urban
planning and construction.

XI REMOVAL OF FACILITIES
Article 167
The body of the local self-government unit responsible for construction affairs shall approve by decision,
ex officio or at the request of the interested person, the removal of the building, ie its part, for which it
determines that its stability is endangered due to wear and tear or major damage. , for neighboring
facilities and for traffic safety.

The decision referred to in paragraph 1 of this Article may be issued if the competent construction
inspector has previously issued a decision prohibiting the use or use of the facility.

The decision referred to in paragraph 1 of this Article may be made if the issues of accommodation of
the user of the facility have been previously resolved, except in the case when the removal of the facility
is approved at the request of the owner who uses the facility. Providing the necessary accommodation is
considered to be a resolved issue of accommodation of the user of the facility.

An appeal against a decision to remove an object or part of an object does not suspend the execution of
the decision.

The Assembly of the unit of local self-government regulates and provides conditions and measures that
need to be implemented and provided during the removal of a facility that poses an immediate danger to
human life and health, to neighboring facilities and to traffic safety.

Article 168
The removal of the facility, ie its part, except in the case of the execution of the inspection decision, may
be approached only on the basis of a permit for the removal of the facility, ie its part.

Along with the request for the issuance of a permit for the removal of the facility, ie its part, the following
shall be submitted:

1) demolition project with technical control;

2) proof of ownership of the facility


3) conditions, if it is a facility whose demolition would endanger the public interest (protection of existing
communal and other infrastructure, protection of cultural property, protection of the environment, etc.).

The permit for the removal of the object, ie its part, is issued by a decision within 8 days from the day of
submitting the proper documentation.

An appeal may be lodged against the decision referred to in paragraph 3 of this Article within 15 days
from the day of delivery of the decision.

An appeal may not be lodged against the decision referred to in paragraph 3 of this Article, when the
decision-maker is the ministry in charge of construction, ie the competent body of the autonomous
province, but an administrative dispute may be initiated with a lawsuit within 30 days from the day of
delivery.

The decision referred to in paragraph 3 of this Article, ie the construction permit containing the data on
the facility to be removed, shall be submitted by the competent authority to the ministry competent for
environmental affairs.

Article 169
If the competent body of the local self-government unit determines that the immediate danger to life and
health of people, neighboring facilities and traffic safety can be eliminated by reconstruction of the
facility, ie its part, it informs the owner of the facility, in order to take necessary measures in accordance
with law.

The decision approving the reconstruction of the facility in the sense of paragraph 1 of this Article
determines the deadline within which the reconstruction works must be completed.

If the reconstruction of the facility is not completed within the set deadline, the competent authority shall
order, ie approve by a decision, ex officio or at the request of the interested person, the removal of the
facility, ie its part.

Article 170
The removal of the facility, ie its part, may be performed by a company, ie another legal entity or
entrepreneur, which are entered in the appropriate register for the construction of facilities, ie for the
performance of works.

The removal of the facility referred to in paragraph 1 of this Article shall be managed by the responsible
contractor.

After the removal of the facility, ie its part, the land must be arranged and the construction waste
removed, in accordance with special regulations.

1. Execution of the decision on removal of the object, ie its part

Article 171
The decision on the removal of the facility, ie its part, which is made on the basis of this law, is executed
by the republic, provincial, ie local self-government unit responsible for construction inspection.
The body in charge of construction inspection keeps a register of decisions on demolition and without
delay enters in that register how many decisions have been executed, ie how many decisions have
been executed.

The body referred to in paragraph 2 of this Article is obliged to update the changes to the register every
seven days.

The costs of executing the inspection decision shall be borne by the executor.

If the executor does not execute the decision on removal of the facility, ie its part, the decision will be
executed through the company, ie other legal entity or entrepreneur, in accordance with this law, at the
expense of the executor.

The costs of the execution of the inspection decision shall be borne by the budget of the competent
authority, until collection from the executor.

If the competent authority does not have the necessary funds to enforce the inspection decision, the
interested party may provide enforcement costs until collection by the enforcement debtor.

At the request of the body responsible for construction inspection, the local competent organizational
unit of the police shall, in accordance with the law, provide police assistance in order to enable the
execution of the decision on the removal of the facility, ie its part.

After the removal of the building, ie its part, the construction inspector makes a report on the removal of
the building, ie its part, which is also submitted to the body responsible for real estate cadastre.

Demolition or removal of a building in accordance with the provisions of this Law may also be performed
by a company or other legal entity that meets the conditions prescribed by Article 150 of this Law, whose
founder is the Republic of Serbia, an autonomous province or local self-government unit.

XII SUPERVISION
1. Inspection control

Article 172 ***


Supervision over the implementation of the provisions of this Law and regulations adopted on the basis
of this Law shall be performed by the ministry in charge of urban planning and construction.

Inspection supervision is performed by the competent ministry through inspectors within the scope
determined by law.

The Autonomous Province is entrusted with performing inspection supervision in the field of spatial
planning and urbanism on the territory of the Autonomous Province and on the construction of facilities
for which it issues building permits on the basis of this law, as well as supervision over the work of city
and municipal construction inspectors on the territory of the Autonomous Province.

The municipality, the city and the city of Belgrade are entrusted with the performance of inspection
supervision over the construction of facilities for which they issue a construction permit on the basis of
this law.
The City of Belgrade is entrusted with the performance of inspection supervision in the field of spatial
planning and urbanism, on the territory of the City of Belgrade, for the construction and reconstruction of
facilities up to 800 m 2 of gross developed construction area.

The duties of an urban inspector may be performed by a graduate engineer of architecture - master, ie a
graduate engineer of architecture or a graduate civil engineer - master, ie a graduate civil engineer, who
has at least three years of work experience and passed the professional exam and who meets other
requirements.

The duties of a construction inspector may be performed by a person with acquired higher education in
the relevant profession or field of study at the second level of civil engineering (master of academic
studies, master of professional studies, specialist academic studies, specialist professional studies), or a
civil engineer or a person with higher education in the relevant profession. , ie major in studies of the
second degree of architecture (master of academic studies, master of professional studies, specialist
academic studies, specialist professional studies), or graduate engineer of architecture, who has at least
three years of work experience in the profession and passed the professional exam and who meets
other requirements prescribed by law.

Inspection activities entrusted to the municipality by this law may also be performed by a person who
has a higher education in the first degree of construction or architecture, or a person who has a
university degree in architecture or construction, at least three years of work experience, passed
professional exam and which meets other conditions prescribed by law.

In the procedure of inspection supervision during the delivery of the decision, the obligor of the delivery
is also the owner of the plot, who is also a party in the procedure.

When executing the decision of the construction inspector, the competent organizational unit of the
police is obliged to provide official assistance to the acting inspector without providing evidence that the
execution of the decision was previously attempted without the provision of police assistance.

2. Rights and duties of the urban inspector

Article 173
The urban inspector, in performing inspection supervision, has the right and duty to check whether:

1) a company, ie another legal entity or entrepreneur that prepares spatial and urban plans or performs
other tasks determined by this Law meets the prescribed conditions;

2) the planning document has been prepared and adopted in accordance with the law and regulations
adopted on the basis of the law;

3) location conditions and urban project are issued in accordance with the planning document;

4) changes in the state of space are made in accordance with this Law and regulations adopted on the
basis of the law;

5) the company, ie other legal entity, ie public company or other organization that determines the
conditions for construction of facilities and spatial planning, as well as technical data for connection to
infrastructure, submitted the necessary data and conditions for drafting the planning document, ie
location conditions and published a separate issue on technical conditions for the construction of
facilities, within the prescribed deadlines.

A company or other legal entity that prepares spatial and urban plans or performs other tasks
determined by this Law, a company or other legal or natural person that makes changes in space, as
well as the competent municipal or city or Belgrade administration, are obliged are to provide the urban
inspector with a complete and unobstructed insight into the available documentation.

3. Powers of the urban inspector

Article 174
In performing the inspection, the urban inspector is authorized to take the following measures:

1) to prohibit further preparation of the planning document by a decision, if it determines that the
company, ie other legal entity that prepares the planning document does not meet the conditions
prescribed by law;

2) to submit an objection to the competent authority on the issued location conditions, ie urban project,
within a period not exceeding 30 days from the date of issuance of location conditions, ie confirmation of
the urban project, if it finds that these acts are not in accordance with law document and inform the
investor about it;

touch 3) - 5) (deleted)

6) to inform the body responsible for adopting the planning document or part of the planning document
and to propose to the Minister responsible for spatial planning and urbanism to initiate a procedure for
assessing the legality of the planning document or part of the planning document, if it finds that the
planning document or part of the planning document in accordance with the law or that the procedure
according to which it was adopted was not carried out in the manner prescribed by law;

7) to inform without delay the Minister responsible for spatial planning and urbanism, if it determines that
the body responsible for adopting the planning document has not adopted the planning document within
the prescribed period;

8) to take measures against a company or other legal entity, if it does not publish a separate within the
prescribed period, ie does not submit the necessary data necessary for connection to technical and
other infrastructure;

9) to take other measures, in accordance with the law.

In the case referred to in paragraph 1, item 1 of this Article, the company or other legal entity or
entrepreneur may continue to prepare the planning document when it eliminates the identified
irregularities and notify in writing the inspector who issued the decision prohibiting the development of
the planning document. determine that the irregularities have been rectified.

When the urban inspector determines that the planning document or part of the planning document has
been adopted contrary to the provisions of this Law, he shall propose to the Minister responsible for
spatial planning and urbanism to issue a decision banning the application of the planning document until
its harmonization with the law.
The Minister in charge of spatial planning and urbanism shall issue the decision referred to in paragraph
3 of this Article within 15 days from the day of submitting the proposal of the urban inspector.

4. Rights and duties of the construction inspector

Article 175
In performing inspection supervision, the construction inspector has the right and duty to check whether:

1) a company, ie another legal entity or an entrepreneur who builds a facility, ie a person who performs
professional supervision, ie persons who perform certain tasks on the construction of facilities, meet the
prescribed conditions;

2) a construction permit has been issued for the facility under construction, ie for the execution of works,
and a report on the beginning of construction has been confirmed, ie a decision referred to in Article 145
of this Law has been issued and, if this is not the case, a criminal report for committing the criminal
offense of construction without a building permit;

3) the investor has concluded a construction contract, in accordance with this Law;

4) the facility is built according to the issued construction permit and project for construction, ie technical
documentation on the basis of which the decision referred to in Article 145 of this Law was issued;

4a) (deleted)

5) the construction site is marked in the prescribed manner;

6) performed works, ie materials, equipment and installations that are installed comply with the law and
prescribed standards, technical norms and quality norms;

7) the contractor has taken measures for the safety of the facility, neighboring facilities, traffic,
environment and environmental protection;

8) there are deficiencies on the facility that is being built or constructed that endanger the safety of its
use and the environment;

8a) the contractor reported the completion of the construction of the foundation and the building in a
constructive sense and whether he performed those works in accordance with the issued location
conditions;

9) the contractor keeps a construction diary, construction book and provides the inspection book in the
prescribed manner;

10) during the construction and use of the facility, the prescribed observations and maintenance of the
facility are performed;

11) the technical inspection was performed in accordance with the law and regulations adopted on the
basis of the law;

12) a use permit has been issued for the facility used;

13) the facility is used for the purpose for which the construction or use permit was issued;
14) perform other tasks determined by law or a regulation adopted on the basis of law.

The construction inspector is authorized to supervise the use of the facility and to take measures if it
determines that the use of the facility endangers human life and health, environmental safety, endangers
the environment and if improper use affects the stability and safety of the facility.

In performing the inspection, the construction inspector is obliged to perform two inspections when
receiving a notification from the competent authority on the application of the foundation and after the
completion of the facility in a constructive sense.

During the inspection, the construction inspector is authorized to enter the construction site and facilities
under construction, to request documents in order to identify persons, to take statements from
responsible persons, to photograph or make a video of the construction site or facility, and to take other
actions related to inspection, in order to determine the factual situation.

In performing inspection supervision, the construction inspector is authorized to enter the construction
site without a court decision and without prior notice and in a special physical part of the building where
works are performed for which this law provides for inspection supervision, when there are reasons for
immediate action or justified fear notification reduces the achievement of the goal of inspection
supervision or when required by the protection of public interest, ie elimination of danger to human life
or health, property, rights and interests of employees and other employees, economy, environment, flora
and fauna, communal order or security, as well as when there is a grounded suspicion that the criminal
offense of illegal construction is committed by performing works, provided that the reasons for omitting
the notice are stated in the order for inspection supervision.

The construction inspector is obliged to provide professional assistance in performing entrusted tasks in
the field of inspection supervision and to provide expert explanations, to take preventive measures,
including informing the subject of inspection supervision regarding obligations from regulations, pointing
out to the subject of inspection supervision possible prohibited or harmful consequences of his behavior,
warns the subject of inspection supervision of the need to eliminate the causes of illegalities that may
arise in the future, as well as to directly participate in the performance of inspection supervision when
necessary.

5. Powers of the construction inspector

Article 176
In performing inspection supervision, the construction inspector is authorized to:

1) order by a decision the suspension of works and removal of the facility or its part, if the facility is
being built or its construction is completed without a construction permit, ie if the facility is being built
contrary to location conditions, ie construction permit, ie certificate of application;

1a) order the removal of the facility, ie return to the original condition, if the facility is being built, ie works
are performed without a decision referred to in Article 145 of this Law;

2) order the suspension of works and set a deadline that may not be longer than 30 days from the date
of proper delivery to the investor - to submit a request with proper documentation for obtaining or
amending a construction permit, if the facility is not built according to the issued construction permit.
execution, and if the investor does not obtain or change the construction permit within the set deadline,
to order the removal of the facility, ie its part, by a decision;

3) order the suspension of works by a decision, if the investor has not concluded a construction
contract, ie has not registered the works, in accordance with this Law;

4) order the suspension of works by a decision and set a deadline which may not be longer than 30
days for obtaining a construction permit, if it determines that for works performed on the basis of the
decision referred to in Article 145 of this Law it is necessary to obtain a construction permit. does not
obtain a building permit within the deadline, to order the removal of the object, ie its part, by a decision;

5) order the suspension of works by decision and set a deadline that may not be longer than 30 days for
obtaining or amending the construction permit, if the built foundations are not harmonized with the
construction permit and construction project and if the investor does not obtain a construction permit
within the deadline. order the removal of the built foundations and the return of the terrain to its original
condition;

6) order the removal of the facility, ie its part, by a decision if the construction, ie execution of works has
continued even after the decision on the suspension of works has been made;

7) order by a decision the removal of the temporary facility referred to in Article 147 of this Law after the
expiration of the prescribed period;

8) order by a decision to the investor, ie the owner of the facility a ban on further removal of the facility,
ie its part, if the facility or its part is removed without a decision on permission to remove the facility, ie
its part;

9) order the suspension of works by a decision, if the investor has not determined the expert supervision
by a decision, in accordance with this Law;

9a) order the suspension of works by a decision, if the contractor performs the works referred to in
Article 133 of this Law, and is not entered in the appropriate register for the construction of that type of
facilities;

10) order the implementation of other measures, in accordance with this Law.

The decision on the removal of the building, ie its part, also refers to the parts of the building that are not
described in the decision on demolition, and they were created after compiling the note and form one
construction unit.

When the construction inspector determines that the conduct of a person with an appropriate license is
contrary to regulations, ie the rules of the profession, he is obliged to inform the competent authority and
the organization that issued the license in order to determine responsibility.

When the construction inspector determines that the contractor, ie the responsible contractor performs
works without an issued construction permit, ie builds a facility contrary to the issued construction permit
and technical documentation, on the basis of which the construction permit was issued, he files a
criminal complaint and initiates proceedings , ie submits a report for economic crime against the
contractor.
The construction inspector files a criminal complaint and initiates the procedure of revoking the license
of the chief designer, ie the responsible designer who signed the technical document or confirmed that
document, if in the supervision procedure he determines that the document is not in accordance with
this law and bylaws issued on the basis of this law.

The competent body and organization referred to in paragraph 3 of this Article are obliged to inform the
submitter of the measures taken within 30 days from the submission of the notification, as well as to
submit a copy of the decision made in the application procedure, for information.

The following shall be recorded in the register of unified procedures: the notification referred to in
paragraph 3 of this Article, the application referred to in paragraph 4 of this Article and the final decision
referred to in paragraph 5 of this Article.

The construction inspector is obliged to immediately, and no later than within three days, upon finding
out or reporting, perform an inspection supervision over the reported facility and make a
report. According to the minutes, the inspector is obliged to decide within five working days.

Article 177
When the construction inspector in performing the inspection supervision determines that:

1) during the construction measures are not taken for the safety of the facility, traffic, environment and
environmental protection, will order a decision to the investor, ie the contractor measures to eliminate
the observed deficiencies, deadline for their execution, as well as suspension of further works until
these measures are implemented , under the threat of forced execution at the expense of the investor,
ie the contractor;

2) performed works, ie construction products, equipment and plants that are installed do not comply with
the law and prescribed standards, technical norms and quality norms, will suspend further execution of
works until the identified deficiencies are eliminated;

3) the construction site is not marked in the prescribed manner, it shall order the suspension of works by
a decision and set a deadline for the elimination of deficiencies, which may not be longer than three
days;

The decision referred to in paragraph 1 of this Article may also be made by oral pronouncement on the
spot, with the obligation of the inspector to prepare a written copy within a period which may not be
longer than five days. The deadline for execution and the deadline for appeal begin to run from the day
the oral decision is made.

A written copy of the decision referred to in paragraph 1, item 1) shall be delivered by nailing it to the
facility under construction.

Article 178
If the construction inspector in performing the inspection supervision determines that:

1) a company, ie other legal entity or entrepreneur, ie a person entrusted with the performance of
professional supervision over the construction of a facility, ie performance of works does not meet the
prescribed conditions, shall prohibit further performance of works until the conditions are met;
2) there are deficiencies on the facility under construction or under construction that pose an immediate
threat to the stability, ie safety of the facility and its environment and human life and health, shall prohibit
the use of the facility or its part until the identified deficiencies are eliminated;

3) the facility for which the construction permit is issued is used without a use permit, shall order the
investor to obtain a use permit within a period which may not be shorter than 30 or longer than 90 days,
and if the investor does not obtain it within the specified period ;

4) the facility for which the construction and use permit was issued is used for a purpose not determined
by a decision approving the execution of works, construction or use permit, order the acquisition of a
construction permit, ie decision referred to in Article 145 of this Law within 30 days. if the investor does
not obtain a construction permit, ie a decision referred to in Article 145 of this Law within the set
deadline, it shall issue a decision prohibiting the use of the facility;

5) the use of the facility endangers the life and health of people, the safety of neighboring facilities, the
safety of the environment or endangers the environment, will order the necessary work, or prohibit the
use of the facility or part of the facility;

6) a building for which a construction permit has been issued, which has not been completed within the
deadline contained in the application for the beginning of construction of the facility, ie execution of
works, shall order the investor to complete the construction of the facility, ie execution of works, and if
the investor does not complete the facility within the set deadline, he will submit a report for the
committed misdemeanor, ie economic offense.

Article 179
When the construction inspector in performing inspection supervision determines that during the
construction, ie use of the facility, the prescribed observation, ie maintenance of the facility is not
performed, he will order the investor and the contractor, ie the user of the facility to eliminate the
observed irregularities.

Article 180
(Deleted)

Article 181
When the construction inspector in performing inspection supervision determines that the facility is
being built, ie preparatory works are being performed without or contrary to location conditions, ie
construction permit and technical documentation on the basis of which the construction permit was
issued, as well as certificate of application, in addition to measures prescribed by this Law. will order the
closure of the construction site without delay.

The decision referred to in paragraph 1 of this Article shall be enforceable on the day of its adoption.

The measure referred to in paragraph 1 of this Article shall be implemented by placing the official sign
"closed construction site", sealing construction machinery and attaching a copy of the decision referred
to in paragraph 1 of this Article in a visible place.
The construction inspector submits one copy of the executive decision ordering the closure of the
construction site to the locally competent organizational unit of the police, which will, if necessary,
provide police assistance in order to enable the implementation of that decision.

Article 182
When the construction inspector, in the course of inspection, determines that the investor is unknown,
the decision on the execution permit is delivered by nailing it to the bulletin board of the competent
authority and nailing it to the facility under construction or use, which is stated in the inspector's note. , ie
the conclusion on the execution permit.

The note referred to in paragraph 1 of this Article contains all relevant information on the day, place and
type of facility as well as the name of the investor or contractor if known, and if not the proceedings will
be conducted against an unknown person. Subsequent identification of the investor or contractor or
change of investor or contractor, the procedure referred to in paragraph 1 of this Article shall not be
interrupted or the deadlines specified in that procedure shall be extended.

The decision referred to in paragraph 1 of this Article shall be considered duly delivered on the day of
nailing to the notice board of the competent authority and nailing to the facility that is being built or used.

Article 183
The decision on the removal of the facility, ie its part, shall be made by the construction inspector in the
cases prescribed by this Law.

The decision referred to in paragraph 1 of this Article shall determine the deadline within which the
investor is obliged to remove the facility or its part.

With the decision referred to in paragraph 1 of this Article, the construction inspector determines
whether it is necessary to do the demolition project before removing the object, ie part of the object, as
well as the manner of execution through another person in case the investor did not do it within the time
limit.

Exceptionally, the construction inspector, in the cases referred to in paragraph 1 of this Article, will not
make a decision on removing the building, ie its part (retaining walls, converting the attic space into a
residential one, opening a portal on the facade, etc.), if such removal would endanger life. and the
health of people or neighboring facilities or the facility itself, will already order the investor to return to
the original condition, in accordance with this law.

Article 184 ***


An appeal may be lodged against the decision of the Republic Construction Inspector within 15 days
from the day of delivery of the decision.

An appeal against the decision referred to in paragraph 1 of this Article shall be lodged with the
Government, through the ministry responsible for urban planning and construction.

An objection to the decision of the urban inspector may be lodged within eight days from the day of
delivery.
The decision of the urban inspector is objected to by the competent executive body of the city of
Belgrade, the autonomous province, ie the Government, through the body responsible for urban affairs
of the autonomous province.

An appeal against the decision of the local self-government unit made in the procedure of inspection
supervision in the field of construction of facilities shall be lodged with the ministry in charge of
construction affairs.

The Autonomous Province is entrusted with resolving the appeal against the first-instance decision
made in the procedure of inspection supervision in the field of construction of facilities that are being
built on the territory of the Autonomous Province.

An appeal lodged against the decisions referred to in this Article shall not delay the execution of the
decision.

Art. 185-200 **
(Ceased to be valid by US decision)

XIV AUTHORIZATION FOR ADOPTION OF BY-LAWS


Article 201
The Government, according to the class and purpose of the facility, prescribes:

1) which conditions for design and connection must be obtained from holders of public authorizations in
the procedure of issuing location conditions;

2) obligatory content, procedure and manner of issuing the conditions referred to in item 1) of this
paragraph;

3) obligatory content, procedure and manner of issuing location conditions by the competent authority.

The Government regulates in more detail the conditions, manner and procedure of alienation and
exchange of real estate in public ownership (Article 99).

The Government shall prescribe in detail the manner, conditions and procedure for investing
undeveloped construction land in public ownership in order to achieve public-private partnership, ie
entering as a founding role in public companies and companies and concluding agreements on joint
construction of one or more facilities with natural or legal persons. Article 100).

The Government shall prescribe in detail the composition, scope and responsibility of the Republic
Commission for Consolidation, the procedure for implementing consolidation, the content of the decision
on consolidation, the content, conditions and manner of issuing the decision on consolidation, the
procedure for drafting and content of the consolidation project. taxpayers as well as the request for
exclusion from the land consolidation mass, all holders of real rights on the cadastral parcel.

The Government shall prescribe in detail the criteria for drafting spatial and urban planning documents,
the types of licenses for legal entities, as well as the manner and procedure of issuing and revoking
licenses and the amount of issuing costs.
The Government shall regulate in detail the manner and deadlines for the exchange of documents and
submissions in the procedures of preparation and monitoring of the preparation of planning documents,
as well as the format in which the conditions are submitted.

The Minister shall prescribe in detail:

1) energy properties of buildings and the manner of calculating energy properties of buildings, energy
requirements for new and existing buildings, conditions, content and manner of issuing certificates, as
well as the content and manner of keeping the Central Register of Energy Passports;

1a) technical regulations which further specify the technical requirements for facilities in order to meet
the basic requirements for facilities;

(B) technical regulations setting out the requirements for the use, installation and performance of
construction products to be installed in the building in relation to their essential characteristics and other
technical requirements relating to the building and its construction;

2) technical regulations whose integral part are standards that define mandatory technical measures
and conditions of design, planning and construction, which ensures unimpeded movement and access
to persons with disabilities, children and the elderly (Article 5);

3) subject and procedure of implementation of the unified procedure, keeping and content of the register
of consolidated procedures and central records, as well as authorizations and obligations of the registrar
(Articles 8, 8a, 8d, 8c and 8d);

4) the content, manner, procedure and deadlines for the preparation and publication of separates
(Articles 31a, 34, 41, 46, 48, 49, 50, 58 and 61);

5) content, manner and procedure of drafting spatial and urban planning documents (Articles 10-68);

6) conditions and criteria for co-financing the preparation of planning documents (Article 39);

7) manner and procedure of election of members of the commission for professional control of planning
documents, commission for control of compliance of planning documents, commission for plans of local
self-government unit and commission for professional control of urban project, right and amount of
compensation to commission members, Articles 33, 49, 52 and 63a);

8) the content and manner of keeping and maintaining the central register of planning documents, the
information system on the state of space and the local information system of planning documents, as
well as the digital format for submitting planning documents (Articles 43 and 45);

9) the content, procedure and manner of adopting the program for arranging construction land (Article
94);

10) classification of facilities according to purpose, functional and structural characteristics and the
degree of impact on the environment, with regard to risks related to construction and operation (Article
2);

11) content, manner and procedure of preparation and manner of performing control of technical
documentation according to the class and purpose of facilities (Articles 117-124, 129, 131 and 168);
12) conditions of obligatory professional liability insurance for legal entities and entrepreneurs who
perform spatial and urban planning, preparation of technical documentation and construction (Article
129a);

13) manner and procedure of election of commission members, right and amount of remuneration for
work in commissions (Article 131), conditions, methodology, manner of work and decision-making of the
audit commission and content of expert control report (Article 132);

13a) special type of facilities and special type of works for which it is not necessary to obtain an act of
the competent authority, as well as the type of facilities under construction, ie the type of works
performed based on the approval decision, as well as the scope and content and control of technical
documentation encloses with the request the procedure carried out by the competent authority (Articles
144 and 145);

14) the content and manner of issuing the construction permit (Articles 135-138);

15) conditions to be met by legal entities and entrepreneurs for performing technical documentation
preparation, ie construction of facilities, content of requests for determining fulfillment of those
conditions, procedure for issuing decisions, ie revocation of decisions on fulfillment of conditions and
entry in the register for technical documentation preparation, ie construction of facilities, as well as the
procedure for election and manner of work of commission members, the right and amount of
remuneration for work in commissions (Articles 126 and 150);

16) appearance, content and place of installation of the construction site board (Article 149);

17) the content and manner of keeping the inspection book, construction diary and construction book
(Article 152);

18) content and manner of conducting professional supervision (Article 153);

19) content and manner of performing technical inspection, issuing use permits, monitoring soil and
facilities during construction and use and minimum warranty periods for certain types of facilities, ie
works, as well as the composition of the commission for technical inspection of facilities, according to
class and purpose; the conditions on the basis of which it is determined that the facility is suitable for
use; the form and content of the proposal of the technical inspection commission on determining the
suitability of the facility or part of the facility for use, as well as other issues of importance for performing
the technical inspection (Articles 154 and 158);

20) conditions, program and manner of taking the professional exam in the field of spatial and urban
planning, preparation of technical documentation for construction and energy efficiency, keeping records
of passed professional exam, conditions for selection and manner of work of commission members
(Article 161);

20a) conditions and criteria on the basis of which accreditation is issued, criteria for determining
professional training programs for certain professional fields, conditions and manner of conducting
professional training of licensed and other interested persons wishing to complete or improve their
knowledge in order to continuously monitor the development of the profession. and other issues relevant
to the implementation of professional development (Article 161a);
20b) professional activities of spatial and urban planning, preparation of technical documentation,
construction and energy efficiency performed by licensed persons within professional or narrower
professional fields (professional tasks) (Articles 37, 38, 128, 129, 151 and 153);

21) conditions, manner and procedure of issuing and renewing a license for a spatial planner, urban
planner, architect, urban planner, engineer, architect and contractor, conditions and procedure for
issuing a license to perform professional activities to foreign persons, conditions and procedure for
determining professional responsibility of licensed persons license), the amount of the fee for
processing the request for the issuance of a license and the preparation of the ceremonial form of the
license, as well as the appearance and content of the ceremonial form of the license (Article 162);

22) form and content of the identification card of the urban and construction inspector, as well as the
type of equipment used by the inspector;

23) procedure for adoption and content of the program for removal of facilities (Article 171);

24) appearance and content of the official sign, as well as the procedure for closing the construction site
(Article 181);

25) general rules for parcelling, regulation and construction (Articles 31 and 57);

26) manner and procedure for announcing and conducting the urban-architectural competition (Article
68a);

27) to which facilities the provisions on the contractor, responsible contractor and the obligation to
determine professional supervision during the construction and technical inspection of the facility,
according to the class and purpose of the facility (Article 153a) do not apply;

28) the manner of publishing data from the register of licensed engineers, architects and spatial
planners, the register of licensed contractors and the records of foreign persons performing professional
activities (Article 162);

29) classification of land use and planning symbols (Article 32);

30) subject and procedure of maintenance and safety management of high dams and reservoirs filled
with water, tailings or ash;

31) the content, manner and procedure of amending the planning documents, as well as the shortened
procedure (Article 51b);

32) the content and manner of keeping the register of licensed engineers, architects and spatial
planners, the register of licensed contractors and records of foreign persons performing professional
activities, conditions to be met by persons to be entered in the register, ie records, manner and
procedure of entry in the register, ie records, manner of making changes and deleting data entered in
the register, ie records, as well as issuing and appearance of certificates on professional title, status and
other data entered in the register, ie records (Article 162);

33) conditions for election, manner and procedure of election of commission members, right and amount
of remuneration for work in the commission for taking the professional exam and issuing licenses, as
well as the commission for determining professional responsibility of licensed persons (Articles 161 and
162);

34) arranging, managing, disposing of and disposing of construction waste during the execution of
works.

XV PENAL PROVISIONS
1. Economic offenses

Article 202
A fine of 1,500,000 to 3,000,000 dinars shall be imposed on a company or other legal entity, which is an
investor, for an economic offense, if:

1) entrust the preparation of technical documentation to a company, ie another legal entity that does not
meet the prescribed conditions (Article 126);

2) entrust the control of technical documentation to a company, ie another legal entity that does not
meet the prescribed conditions (Article 129);

2a) if it does not submit a request for amendment of the decision on the construction permit within the
prescribed time limit (Article 141);

3) fails to ensure professional supervision over the construction of the facility (Article 153);

4) continue with the execution of works even after the decision on their suspension has been made
(Article 176);

5) does not complete the construction of the facility, ie the execution of works within the set deadline
(Article 178).

For the economic offense referred to in paragraph 1 of this Article, the responsible person in the
company or other legal entity, which is the investor, shall also be fined from 100,000 to 200,000 dinars.

The report for economic crime referred to in paragraph 1 of this Article shall be submitted by the
competent construction inspector.

Article 202a
A fine of 1,500,000 to 3,000,000 dinars shall be imposed on a company or other legal entity that
prepares technical documentation and / or performs works for an economic offense, if it does not meet
the conditions for performing that activity prescribed by this Law (Articles 126 and 150 ), ie fails to notify
the ministry in charge of construction in writing without delay of any change in previously determined
conditions and fails to submit proof of fulfillment of conditions for entry in the appropriate register for the
preparation of technical documentation for this type of facilities (Article 126a).

A fine of 1,500,000 to 3,000,000 dinars will be imposed on a company or other legal entity, which is the
owner or user of dams and reservoirs filled with water, landfills with hazardous substances (tailings, ash,
etc.), if not act according to the rules prescribed by laws and bylaws that regulate these areas in more
detail.
For economic crime under Art. 1 and 2 of this Article, the responsible person in the company or other
legal entity shall also be fined from 100,000 to 200,000 dinars.

Report for economic crime from para. 1, 2 and 3 of this Article shall be submitted by the competent
construction inspector.

Article 203
A fine of 1,500,000 to 3,000,000 dinars shall be imposed on a company or other legal entity that builds a
facility for an economic offense, if:

1) builds a facility without a construction permit, ie performs works contrary to the technical
documentation on the basis of which the facility is being built (Article 110);

2) acts contrary to the provisions of Article 152 of this Law;

3) continue with the construction of the facility after the decision on the suspension of construction has
been made (Articles 176 and 177).

For the economic offense referred to in paragraph 1 of this Article, the responsible person in the
company or other legal entity that builds or performs works shall also be fined from 100,000 to 200,000
dinars.

The report for economic crime referred to in paragraph 1 of this Article shall be submitted by the
competent construction inspector.

Article 204
A fine of 1,500,000 to 3,000,000 dinars will be imposed on a company or other legal entity that is
authorized to determine the conditions for the construction of facilities and spatial planning, as well as
technical data for connection to infrastructure, ie to connect the facility to infrastructure. , if it does not
publish the separate and / or submit the necessary data and conditions for the preparation of the
planning document, and / or location conditions and / or approval of the project, or other act provided by
this law, as well as if it does not connect the facility to infrastructure ( Articles 8b and 46, paragraph 4).

For the economic offense referred to in paragraph 1 of this Article, the responsible person in the
company or other legal entity shall also be fined from 100,000 to 200,000 dinars.

Report for economic crime from para. 1 and 2 of this Article shall be submitted by the body responsible
for issuing location conditions, ie the holder of the plan.

Article 204a
A fine of 1,500,000 to 3,000,000 dinars shall be imposed on a company or other legal entity for an
economic offense if it seeks approvals for technical documentation contrary to the provisions of this Law.

For the economic offense referred to in paragraph 1 of this Article, the responsible person in the
economic or other legal entity shall also be fined from 50,000 to 100,000 dinars.

Report for economic crime from para. 1 and 2 of this Article shall be submitted by the body competent
for issuing the construction permit.
2. Offenses

Article 205
A fine of 500,000 to 1,000,000 dinars shall be imposed on a company or other legal entity for a
misdemeanor if it fails to enable the urban planning or construction inspector to perform supervision in
accordance with this Law (Articles 173 and 175).

For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the company or
other legal entity shall also be fined from 50,000 to 100,000 dinars.

For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined from
100,000 to 300,000 dinars.

For the misdemeanor referred to in paragraph 1 of this Article, a natural person who is not an
entrepreneur shall be fined from 50,000 to 100,000 dinars.

Request for initiating misdemeanor proceedings from para. 1-4. of this article is submitted by the
competent construction or urban planning inspector.

Article 206
A fine of 300,000 dinars will be imposed on a company or other legal entity that is the investor of the
facility if it does not provide access to the facility to persons with disabilities in accordance with
accessibility standards (Article 5).

For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the company or
other legal entity shall also be fined from 10,000 to 50,000 dinars.

For the misdemeanor referred to in paragraph 1 of this Article, a natural person who is the investor of
the facility shall be fined from 20,000 to 100,000 dinars.

Request for initiating misdemeanor proceedings from para. 1, 2 and 3 of this Article shall be submitted
by the competent construction inspector.

Article 207
A fine of 100,000 to 500,000 dinars shall be imposed on a company or other legal entity that prepares
spatial and urban planning documents or performs other tasks specified by this Law, if it fails to provide
the urban inspector with complete and unimpeded access to available documentation (Art. 173 and
175).

For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the company or
other legal entity shall also be fined from 10,000 to 50,000 dinars.

Request for initiating misdemeanor proceedings from para. 1 and 2 of this Article shall be submitted by
the competent urban inspector.

Article 208
A fine of 500,000 to 1,000,000 dinars will be imposed on a company, ie another organization, or another
legal entity that is building a facility, if:
1) does not appoint a person who manages the construction of the facility, ie the execution of works or if
he appoints a person who does not meet the prescribed conditions (Articles 151 and 152);

2) fails to notify the competent authority of the completion of the construction of the foundation, ie the
completion of the construction of the facility in a constructive sense (Article 152, paragraph 2);

3) fails to warn the investor or the person supervising the application of the provisions of this Law in
writing of deficiencies in the technical documentation (Article 152, paragraph 6);

4) does not keep a construction diary and construction book or does not provide an inspection book
(Article 152, paragraph 7, item 5).

For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the company or
other legal entity that is building the facility shall also be fined from 10,000 to 50,000 dinars.

A fine of 50,000 to 150,000 dinars shall be imposed on the responsible contractor if he acts contrary to
the provisions of Article 152, paragraph 7 of this Law.

Request for initiating misdemeanor proceedings from para. 1-3. of this article is submitted by the
competent construction inspector.

Article 208a
A fine of 300,000 to 500,000 dinars will be imposed on an entrepreneur who:

1) builds a facility without a construction permit, ie performs works contrary to the technical
documentation on the basis of which the facility is being built (Article 110);

2) acts contrary to the provisions of Article 152 of this Law;

3) fails to notify the competent authority of the completion of the construction of the foundation, ie the
completion of the construction of the facility in a constructive sense (Article 152, paragraph 2);

4) continue with the construction of the facility after the decision on the suspension of construction has
been made (Articles 176 and 177).

For the misdemeanor referred to in paragraph 1 of this Article, a natural person investor shall be fined
from 100,000 to 150,000 dinars.

Request for initiating misdemeanor proceedings from para. 1 and 2 of this Article shall be submitted by
the competent construction inspector.

Article 208b
An entrepreneur who prepares technical documentation and / or performs works will be fined from
300,000 to 500,000 dinars for a misdemeanor, if he does not meet the conditions for performing that
activity prescribed by this Law (Articles 126 and 150).

For the misdemeanor referred to in paragraph 1 of this Article, a natural person investor shall be fined
from 50,000 to 150,000 dinars.

Request for initiating misdemeanor proceedings from para. 1 and 2 of this Article shall be submitted by
the competent construction inspector.
Article 208c
A fine of 100,000 to 150,000 dinars or imprisonment for up to 30 days will be imposed on the
responsible designer who drafted and signed the technical document or confirmed the document in the
technical control procedure, contrary to the provisions of this law and bylaws issued on the basis of this
law.

The request for initiating the misdemeanor procedure referred to in paragraph 1 of this Article shall be
submitted by the competent construction inspector.

Article 209
A fine of 25,000 to 50,000 dinars or imprisonment for up to 30 days shall be imposed on the responsible
official in the competent administrative body for the misdemeanor if:

1) ( deleted )

2) fails to issue location conditions, construction or use permit within the prescribed time limit (Articles
8d, 56, 136 and 158);

3) does not organize a public presentation of the urban project (Article 63);

4) fails to submit a request to the construction inspection for the removal of the facility for which a
temporary construction permit has been issued (Article 147);

5) fails to compile a program and fails to carry out the removal of the facility (Article 171);

6) fails to provide the urban or construction inspector with a complete and unhindered insight into the
available documentation (Articles 173 and 175);

7) fails to take the prescribed measures in the performance of inspection supervision (Articles 173 and
175);

8) ( deleted );

9) does not recognize the exemption from payment of contributions in accordance with Article 97,
paragraph 8 of this Law.

For the repeated misdemeanor referred to in paragraph 1 of this Article, the perpetrator shall be fined
and imprisoned for up to 30 days.

The request for initiating the misdemeanor procedure referred to in paragraph 1, item 2) of this Article
shall be submitted by the registrar of central records, referred to in item 3) by the competent urban
inspector, referred to in item 4) by the competent construction inspector, referred to in item 5) and 7) the
body competent for issuing a construction permit for that type of facility, from item 6) the competent
urban, ie construction inspector, and from item 9) the competent body of the Ministry.

Article 209a
A fine of 100,000 to 500,000 dinars will be imposed on a body, special organization, holder of public
authority and other institution, except a state body, an autonomous province body and a local self-
government unit, if it fails to submit conditions for drafting a planning document (Article 47b).
For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the body,
special organization, holder of public authorizations and other institutions referred to in paragraph 1 of
this Article shall be fined from 25,000 to 50,000 dinars.

The responsible person in the state body, the body of the autonomous province and the unit of local self-
government shall be punished for the misdemeanor referred to in paragraph 1 of this Article if he fails to
submit the conditions for drafting the planning document by a fine of 25,000 to 50,000 dinars.

Request for initiating a violation from para. 1-3. of this article is submitted by the competent urban
inspector.

Article 210
A fine of 50,000 to 100,000 dinars or imprisonment for up to 30 days shall be imposed on the
responsible official in the competent administrative body for the misdemeanor if:

1) issue location conditions contrary to this Law and regulations adopted on the basis of this Law (Article
53);

2) issues a construction permit contrary to this Law and regulations adopted on the basis of this Law
(Articles 135 and 136);

3) issues a use permit contrary to regulations (Article 158).

For the repeated misdemeanor referred to in paragraph 1 of this Article, the perpetrator shall be fined
and imprisoned for up to 30 days.

The request for initiating the misdemeanor procedure referred to in paragraph 1 of this Article shall be
submitted by the registrar, ie the body responsible for conducting the unified procedure if the registrar
has not been appointed in accordance with Article 8c of this Law.

Article 211
A fine of 25,000 to 50,000 dinars shall be imposed on the competent inspector who, in the cases
referred to in Art. 174, 176, 177, 178, 179, 180, 181, 182 and 198 of this Law shall not issue a decision,
ie shall not issue an order within a reasonable time, which may not be longer than seven days from the
day of finding out about the committed misdemeanor.

For the repeated misdemeanor referred to in paragraph 1 of this Article, the perpetrator shall be fined
and imprisoned for up to 30 days.

Article 211a
A fine of 10,000 to 50,000 dinars shall be imposed on the responsible person in the holder of public
authority if the holder of public authority does not act in the manner and within the deadlines prescribed
by this Law during the implementation of the unified procedure (Article 8b).

The request for initiating the misdemeanor procedure referred to in paragraph 1 of this Article shall be
submitted by the registrar, ie the body responsible for conducting the unified procedure if the registrar
has not been appointed in accordance with Article 8c of this Law.
Article 211b
A fine of 10,000 to 50,000 dinars shall be imposed on the registrar, ie the responsible person in the body
responsible for conducting the unified procedure if the registrar is not appointed, if he does not submit a
request to initiate misdemeanor proceedings in accordance with Article 8c paragraph 5 of this Law.

The request for initiating the misdemeanor procedure referred to in paragraph 1 of this Article shall be
submitted by the Registrar of Central Records.

Article 212
A fine of 500,000 to 2,000,000 dinars shall be imposed for a misdemeanor on a company or other legal
entity that performs the preparation and control of technical documentation, ie a contractor, expert
supervisor or technical inspection, if not insured against liability for damage (Article 129a).

For the misdemeanor referred to in paragraph 1 of this Article, the responsible person in the company or
other legal entity shall also be fined from 20,000 to 100,000 dinars.

For the misdemeanor referred to in paragraph 1 of this Article, the entrepreneur shall be fined from
100,000 to 500,000 dinars.

The request for initiating the misdemeanor procedure referred to in paragraph 1 of this Article shall be
submitted by the competent construction inspector.

XVI TRANSITIONAL AND FINAL PROVISIONS


Article 213
On the day this Law enters into force, the Serbian Chamber of Engineers established by the Law on
Planning and Construction ("Official Gazette of RS", No. 47/03 and 34/06) shall continue to operate, in
accordance with this Law.

Commissions for plans formed on the basis of the Law on Planning and Construction may continue to
perform activities until the expiration of the mandate determined by the act on education.

Article 214
Companies and other legal entities that perform activities for which special conditions are prescribed by
this Law, are obliged to harmonize their operations with the provisions of this Law within one year from
the day of its entry into force.

Persons who, by the day of entry into force of this Law, passed the professional exam which verified
their professional competence for work on jobs determined by this Law according to the regulations in
force at the time of their taking, as well as persons whose right to perform certain jobs , meet the
conditions for performing these tasks in accordance with the provisions of this Law if they also meet
other prescribed conditions.

Article 215
The municipality, ie the city shall adopt the spatial plan within 18 months from the day this law enters
into force.
The municipality, city and the city of Belgrade shall adopt the general regulation plan, ie the general
regulation plans for the seat of the local self-government unit within two years from the day this law
enters into force.

The municipality, the city and the city of Belgrade shall adopt general regulation plans for other
settlements, which are envisaged for the adoption of the spatial plan of the local self-government unit,
within three years from the day this law enters into force.

Until the entry into force of the planning documents from para. 1, 2 and 3 of this Article, the existing
spatial and urban plans shall apply.

Location information and location permit will be issued on the basis of existing spatial and urban plans
until the date of entry into force of the planning documents referred to in para. 1, 2 and 3 of this Article.

The procedure of drafting and adopting a spatial or urban plan started before the entry into force of this
Law shall continue in accordance with the provisions of this Law, except for spatial or urban plans for
which a public inspection has been performed, which shall be completed according to regulations.

Article 216
Units of local self-government that have not adopted the spatial plan of the municipality by the day this
law enters into force shall make a decision on drafting the spatial plan of the unit of local self-
government within three months from the day this law enters into force.

The spatial plan of the municipality, adopted by the day this law enters into force, shall be harmonized
with the provisions of this law within 18 months from the day this law enters into force, and the decision
on harmonization of the spatial plan with the provisions of this law shall be made by local self-
government units. of three months from the date of entry into force of this law.

The City of Belgrade shall, within three months from the date of entry into force of this Law, make a
decision on the development of plans referred to in Article 20, paragraph 3 of this Law, and within 18
months from the date of entry into force of this Law , spatial plans with elements of the spatial plan of
the local self-government unit.

The unit of local self-government, whose seat has less than 30,000 inhabitants, shall make a decision
on drafting a general regulation plan for the settlement which is the seat of the unit of local self-
government, within three months from the day this law enters into force. With the entry into force of the
general regulation plan, general plans, detailed regulation plans, revised regulation plans and revised
detailed urban plans, adopted in accordance with previously valid planning laws, which are in conflict
with the general regulation plan, cease to be valid.

Units of local self-government, whose seat has more than 30,000 inhabitants, shall make a decision on
harmonization of the master plan with the provisions of this law relating to the general urban plan and
the decision on drafting plans of the general plan within three months from the day this law enters into
force. regulations in accordance with this law, in the entire construction area of the settlement. With the
entry into force of the general regulation plans, the provisions of the general plan, detailed regulation
plans, revised regulation plans and revised detailed urban plans, adopted in accordance with previously
valid planning laws, which are in conflict with the general regulation plan, cease to apply.
Detailed regulation plans, ie general regulation plans for individual settlements that are not the seat of
the local self-government unit, shall remain in force, unless they are in conflict with the provisions of this
Law relating to the general regulation plan.

General development plans, adopted according to the Law on Planning and Construction, are
harmonized with the provisions of this law which refer to the schematic presentation of the arrangement
of inhabited places for parts of the territory for which the development of an urban plan is not
envisaged. With the adoption of the spatial plan of the local self-government unit, the harmonized
general development plan becomes an integral part of the spatial plan of the local self-government unit
as a schematic presentation of the settlement arrangement.

Article 217
Until the entry into force of planning documents provided by this Law, for the construction of
telecommunications facilities for which a building permit is issued under this Law, in an area for which
no urban plan has been adopted or the urban plan does not provide for the construction of such
facilities, the location permit shall be issued in accordance with conditions of the bodies, ie organizations
responsible for telecommunications affairs, on the basis of annual plans for the development of
telecommunications networks on the territory of the Republic of Serbia, in accordance with the law.

Article 218
Resolving requests for building permits, use permits and other requests for resolving individual rights
and obligations submitted before the day this law enters into force shall continue in accordance with the
regulations in force until the day this law enters into force.

Article 219
(Deleted)

Article 220
The fee for the use of construction land is paid in accordance with the Law on Planning and
Construction ("Official Gazette of RS", No. 47/03 and 34/06), while the said fee is not integrated into the
property tax.

Article 221
(Deleted)

Article 222
On the day this Law enters into force, the Law on Planning and Construction ("Official Gazette of RS",
No. 47/03 and 34/06) shall cease to be valid.

Until the adoption of bylaws on the basis of authorizations from this law, bylaws adopted on the basis of
the law which ceases to be valid on the day this law enters into force shall be applied, if they are not in
conflict with this law.

Article 223
This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of
the Republic of Serbia".

Independent members of the Law on Amendments to the


Law on Planning and Construction

("Official Gazette of RS", No. 24/2011)

Article 88 [s1]
Resolving requests for issuing building permits, use permits and other requests for resolving certain
rights and obligations submitted before the day this law enters into force shall continue in accordance
with the regulations in force until the day this law enters into force.

Proceedings for termination of the right to use undeveloped state-owned construction land initiated in
accordance with the provisions of the Law on Planning and Construction ("Official Gazette of RS", No.
47/03 and 34/06), which were not completed by September 11, 2009 , will continue according to the
regulations that were valid until the day this law came into force.

The final decision on the construction permit, issued in accordance with the provisions of the Law on
Planning and Construction ("Official Gazette of RS", No. 47/03 and 34/06), may be revoked at the
request of the investor, if the plan has been amended. a document on the basis of which a building
permit can be issued for the construction of a building larger than the building whose construction was
approved by the decision whose abolition is requested.

The decision revoking the decision referred to in paragraph 3 of this Article shall be issued by the body
competent for issuing the construction permit.

Article 89 [s1]
The fee for the use of construction land is paid in accordance with the Law on Planning and
Construction ("Official Gazette of RS", No. 47/03 and 34/06), while the said fee is not integrated into the
property tax, and no later than December 31 2013.

Until the expiration of the deadline referred to in paragraph 1 of this Article, the local self-government
unit shall prescribe more detailed criteria, measures, amount, manner and deadlines for payment of
compensation for the use of construction land, and may prescribe them taking into account the purpose
of using the facility.

Persons who have illegally constructed facilities for which no request for legalization has been submitted
in accordance with the provisions of this Law, persons whose legalization procedure has been finalized
by issuing an act rejecting or rejecting the request for legalization, as well as persons who have not
concluded a contract under Article 185 of the Law on planning and construction ("Official Gazette of
RS", no. 72/09, 81/09 - correction and 64/10 - US) until the demolition of an illegally constructed building
pay a fee for the use of construction land prescribed by the act of local self-government in triple amount.

Article 90 [s1]
This Law shall enter into force on the day following the day of its publication in the "Official Gazette of
the Republic of Serbia".

Independent members of the Law on Amendments


to the Law on Planning and Construction

("Official Gazette of RS", No. 121/2012)

Article 2 [s2]
The holder of the right of use referred to in Article 103, paragraph 1 of the Law may exercise the right to
build new facilities, ie upgrade and reconstruction of existing facilities in accordance with the purpose of
land determined by a valid planning document within 12 months from the entry into force of this Law. on
land conversion in accordance with the Law.

Article 3 [s2]
This Law shall enter into force on the day following the day of its publication in the "Official Gazette of
the Republic of Serbia".

Independent members of the Law on Amendments to the


Law on Planning and Construction

("Official Gazette of RS", No. 132/2014)

Article 129 [s3]


On the day this Law enters into force, the Republic Agency for Spatial Planning (hereinafter: the
Agency), established by the Law on Planning and Construction ("Official Gazette of the RS", No. 47/03
and 34/06), shall cease to operate.

On the day of the termination of the work of the Agency, the tasks within the competence of the Agency
shall be taken over by the ministry in charge of spatial planning.

The Ministry referred to in paragraph 2 of this Article shall take over the employees, funds, property,
documentation and archives of the Agency on the day of termination of the Agency.

The rights and obligations of the Agency are taken over by the Republic of Serbia.

The rights and obligations referred to in paragraph 4 of this Article shall be exercised by the Government
on behalf of the Republic of Serbia.

The Ministry of Construction, Transport and Infrastructure will take care of the fulfillment of the Agency's
obligations undertaken in accordance with the law within the competences determined by the Law on
Ministries ("Official Gazette of RS", No. 44/14).

Article 130 [s3]


Planning documents adopted until the day this law enters into force remain in force.
The procedure for drafting and adopting a spatial or urban plan started before the entry into force of this
Law shall continue in accordance with the provisions of this Law, except for spatial or urban plans for
which a decision has been made, which may be completed under the provisions of the law. begin.

The issuers of planning documents are obliged to, when amending the planning document after the
entry into force of this Law, harmonize the content and procedure of adoption of the planning document
with the provisions of this Law.

Valid planning documents, as well as planning documents whose preparation and adoption procedure is
carried out according to the provisions of the Law on Planning and Construction, shall be submitted to
the central register of planning documents in accordance with the provisions of this Law, within 12
months.

The obligation to submit plans in digital form, in accordance with the provisions of Article 43 of this Law,
shall also apply to the plans referred to in paragraph 2 of this paragraph.

Until the entry into force of planning documents provided by this Law, for the construction of
telecommunications and electricity transmission and distribution network facilities, for which a
construction permit is issued under this Law, or a decision referred to in Article 145 of this Law in an
area for which no planning document or valid planning document construction of this type of facilities is
not envisaged, location conditions are issued in accordance with the conditions of the bodies or
organizations responsible for telecommunications and energy on the basis of annual development plans
of these networks in the Republic of Serbia, in accordance with law.

The Assembly of the local self-government unit on whose territory the land whose purpose has been
changed from agricultural to construction land is located shall submit an act containing the list to the
body responsible for state survey and cadastre within 12 months from the day this law enters into force.
cadastral parcels whose purpose was changed until July 15, 1992.

Article 131 [s3]


Initiated procedures for resolving applications for building permits, location permits, construction
permits, use permits and other requests for resolving individual rights and obligations, submitted before
the entry into force of this Law, shall be completed according to the regulations under which they began.

The location permit issued in accordance with the Law on Planning and Construction, according to the
finality, is the basis for issuing a construction permit, in accordance with this law.

Contracts on lease of construction land in public ownership concluded before the day of entry into force
of this Law, represent the basis for determining the active legitimacy of the lessee in the procedure of
issuing a construction permit, in accordance with this Law.

Article 132 [s3]


Provisions of Article 8, Article 8b, Article 8d, Article 8d, Art. 97, 98 and Article 211a of this Law shall apply
from March 1, 2015.

The provisions of Article 8a, Article 8c, Article 8d, Article 176, paragraph 6, Article 211b and Article 212
of this Law shall apply from 1 January 2016.
Until 1 January 2016, the exchange of documents and submissions between the competent authority
and the holder of public authority in the implementation of the unified procedure may be done in paper
form.

Bylaws adopted in accordance with the provisions of this Law shall be adopted no later than February
15, 2015, except for the bylaws referred to in Article 8a paragraph 3, Article 8c paragraph 7 and Article
8g paragraph 3 of this Law which shall be adopted no later than November 15, 2015.

Until the adoption of bylaws based on the authorizations from this law, bylaws adopted on the basis of
the Law on Planning and Construction that are not in conflict with this law shall be applied.

The right and conditions for converting the right to use construction land into the right of ownership for
persons referred to in Article 102, paragraph 9 shall be regulated by a special law within a period not
exceeding six months from the entry into force of this law.

Article 133 [s3]


Local self-government units are obliged to determine the coefficients referred to in Article 97, paragraph
2 of this Law and adopt a general act referred to in Article 97, paragraph 7 of this Law within 30 days
from the day this Law enters into force.

For contracts determining the payment of the fee for arranging construction land concluded before the
entry into force of this Law, according to which the fee has not been paid in full, the local self-
government unit may prescribe criteria for renegotiating the amount and manner of payment of this law
which regulates the payment of contributions for the arrangement of construction land.

Article 134 [s3]


The provisions of other laws that regulate the issues that are the subject of this law in a different way
shall not be applied, except for the laws and regulations governing the protection of the environment.

Article 135 [s3]


This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of
the Republic of Serbia".

Independent member of the Law on Amendments


to the Law on Planning and Construction

("Official Gazette of RS", No. 145/2014)

Article 2 [s4]
This Law shall enter into force on the day following the day of its publication in the "Official Gazette of
the Republic of Serbia".

 
Independent members of the Law on Amendments to the
Law on Planning and Construction
("Official Gazette of RS", No. 83/2018)

Article 105 [s5]


Owners of special physical parts on facilities built in one of the planned construction phases and who
have registered the right of co-ownership on the land provided for the implementation of all phases, until
the day this law enters into force, are not considered co-investors in the implementation of the remaining
construction phases. within the residential complex, ie they are not parties in the procedure of issuing
and amending the construction permit, nor are they parties in the procedure with the body responsible
for state survey and cadastre.

Article 106 [s5]


Initiated procedures for resolving requests for building permits, location permits, location conditions,
construction permits, use permits and other requests for resolving individual rights and obligations
submitted before the entry into force of this Law shall be completed according to the regulations under
which they began.

It is prohibited to dispose of all facilities or parts of facilities constructed after the entry into force of the
law governing the legalization of facilities, without a building permit or decision referred to in Article 145
of this Law.

For facilities referred to in paragraph 2 of this Article, the competent construction inspector, after the
inspection, shall issue a decision on removal of the facility or special part of the facility, in accordance
with the provisions of this Law, and shall immediately deliver that decision the real estate in question, in
order to enter a note prohibiting the disposal of that facility.

For facilities referred to in paragraph 2 for which the decision on removal of the facility or special part of
the facility was made before the entry into force of this Law, the competent construction inspector shall
submit the issued decision to the real estate cadastre service on whose territory the real estate is
located. of that facility within 60 days from the day this law enters into force.

Article 107 [s5]


Bylaws for the implementation of this law shall be adopted within 60 days from the day this law enters
into force.

Until the adoption of bylaws from this law, bylaws adopted on the basis of the Law on Planning and
Construction ("Official Gazette of RS", No. 72/09, 81/09 - correction, 64/10 - US, 24/11, 121 / 12, 42/13 -
US, 50/13 - US, 98/13 - US, 132/14 and 145/14), if they are not in conflict with the provisions of this law.

Article 108 [s5]


On the day this law enters into force, the Serbian Chamber of Engineers shall continue to perform
activities in accordance with the scope determined by this law.

The Chamber of Engineers of Serbia is obliged to harmonize the statute and other acts with the
provisions of this law within 60 days from the day this law enters into force.

The Chamber of Engineers of Serbia is obliged to obtain the approvals referred to in Article 85 of this
Law within 60 days from the day this Law enters into force.
The Chamber of Engineers of Serbia is obliged to call new elections for the Assembly of the Chamber of
Engineers of Serbia within 30 days from the day of publishing the statute and other general acts referred
to in paragraph 2 of this Article.

The Chamber of Engineers of Serbia is obliged to submit data on responsible planners, responsible
urban planners, responsible designers and responsible contractors to the Ministry responsible for
construction within 30 days from the day this law enters into force, as well as data on initiated
procedures for determining responsibility or other important data in accordance with the act issued by
the Minister responsible for construction, spatial planning and urbanism.

If the Chamber of Engineers of Serbia does not act within the deadline referred to in paragraph 2 of this
Article, the acts referred to in paragraph 2 of this Article shall be adopted by the ministry in charge of
construction, urban planning and spatial planning.

Companies, other legal entities and entrepreneurs who perform activities for which this law and bylaws
to be adopted on the basis of this law prescribe additional special conditions for performing these
activities, are obliged to harmonize their operations with the provisions of this law and these bylaws.
within one year from the date of entry into force of this Law, or those bylaws.

It shall be considered that persons who have passed the professional exam by the day of entry into
force of this Law, which verified their professional competence to work on jobs determined by this Law,
as well as persons who have been recognized the right to perform those jobs, meet the conditions for
these jobs. according to the provisions of this Law, unless the conditions for revocation of licenses are
met, ie if they cease to meet the conditions for performing those activities prescribed by this Law.

Personal and other licenses issued in accordance with the current law shall remain in force, unless the
conditions for their revocation are met in accordance with this law and bylaws issued pursuant to this
law.

On the day this Law enters into force, it shall be considered that all persons holding valid licenses
issued by the Chamber until the day this Law enters into force are entered in the register referred to in
Article 84 of this Law in accordance with those licenses.

Article 109 [s5]


The provisions of other laws that regulate the issues that are the subject of this law in a different way
shall not be applied, except for the laws and regulations governing the protection of the environment.

Valid planning documents adopted before January 1, 1993, shall cease to be valid after 12 months from
the date of entry into force of this Law, and the bodies responsible for their adoption shall be obliged to
adopt a new planning document within that period.

Deadlines prescribed for the construction of strategic energy facilities determined by this law shall be
regulated by a special law.

Article 110 [s5]


This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of
the Republic of Serbia", except for the provisions of Art. 72 and 73 of this Law, which shall enter into
force on January 1, 2019, and Article 26 of this Law, which shall enter into force on January 1, 2020.
 

Independent members of the Law on Amendments to the


Law on Planning and Construction

("Official Gazette of RS", No. 31/2019)

Article 18 [s6]
Bylaws for the implementation of this law shall be adopted within 60 days from the day this law enters
into force.

Until the adoption of bylaws from this law, bylaws adopted on the basis of the Law on Planning and
Construction ("Official Gazette of RS", No. 72/09, 81/09 - correction, 64/10 - US, 24/11, 121 / 12, 42/13 -
US, 50/13 - US, 98/13 - US, 132/14, 145/14 and 83/18), if they are not in conflict with the provisions of
this law.

On the day this Law enters into force, all bodies of the Chamber shall cease to function without the
possibility of performing their functions until the election of new bodies, in accordance with this Law.

Within three days from the day this law enters into force, the temporary body formed by the minister
responsible for construction affairs shall adopt and publish the Statute of the Chamber in the "Official
Gazette of the Republic of Serbia".

Until the election of new bodies, the work of the Chamber is managed by a temporary administration
composed of six representatives of the ministry in charge of construction, at the choice of the minister in
charge of construction.

Within 30 days from the publication of the Statute of the Chamber in the "Official Gazette of the Republic
of Serbia", the interim administration:

1. forms 10 regional centers, as follows: Regional Center Subotica, Regional Center Novi Sad, Regional
Center Belgrade, Regional Center Pozarevac, Regional Center Valjevo, Regional Center Cacak,
Regional Center Kragujevac, Regional Center Kraljevo, Regional Center Bor and Regional Center Nis;

2. appoint temporary regional committees of all regional centers;

3. announces elections for the representatives of the Assembly and the representatives of the executive
boards of the parent sections and

4. distributes all registered members of the Chamber to the main sections of all regional centers.

The body responsible for the protection of cultural property is obliged to submit a record of immovable
property that enjoys prior protection to the body responsible for issuing construction permits within 30
days from the day this law enters into force, with the date of determining previous protection.

In case the legal deadline for placing a certain type of protection, based on the established previous
protection, has expired, the body responsible for issuing construction permits has no obligation to obtain
conditions from the body responsible for protection of cultural property in the procedure of issuing
location conditions.

Article 19 [s6]
Initiated procedures for resolving requests for building permits, location permits, location conditions,
construction permits, use permits and other requests for resolving individual rights and obligations
submitted before the entry into force of this Law shall be completed according to the regulations under
which they began.

Notwithstanding paragraph 1 of this Article, proceedings related to projects for the construction of
facilities of importance to the Republic of Serbia, initiated under the provisions of the Law on Planning
and Construction ("Official Gazette of RS", No. 72/09, 81/09 - correction, 64 / 10 - US, 24/11, 121/12,
42/13 - US, 50/13 - US, 98/13 - US, 132/14, 145/14 and 83/18), shall be terminated in accordance with
the provisions of this Law .

Article 20 [s6]
Valid planning documents adopted before January 1, 1993, shall cease to be valid after 24 months from
the date of entry into force of this Law, and the bodies responsible for their adoption shall be obliged to
adopt a new planning document within that period.

Article 21 [s6]
This Law shall enter into force on the day following the day of its publication in the "Official Gazette of
the Republic of Serbia".

Independent members of the Law on Amendments to the


Law on Planning and Construction

("Official Gazette of RS", No. 9/2020)

Article 50 [s7]
Bylaws for the implementation of this law shall be adopted within 60 days from the day this law enters
into force.

Until the adoption of bylaws from this law, bylaws adopted on the basis of the Law on Planning and
Construction ("Official Gazette of RS", No. 72/09, 81/09 - correction, 64/10 - US, 24/11, 121 / 12, 42/13 -
US, 50/13 - US, 98/13 - US, 132/14, 145/14, 83/18, 31/19 and 37/19 - other law), if not in conflict with
provisions of this law.

Article 51 [s7]
Persons who have passed the professional exam for a certain professional or narrower professional
field by the day this law enters into force, will be issued a license according to the conditions for issuing
licenses for engineers, architects and spatial planners valid until the day this law enters into force.

Foreign and domestic natural persons who have acquired appropriate higher education at higher
education institutions in the FPRY, SFRY, the Federal Republic of Yugoslavia and the State Union of
Serbia and Montenegro have the same rights regarding the validity of higher education documents as
persons who have acquired appropriate higher education at higher education institutions in the Republic
of Serbia.
Persons who have been issued a license in accordance with the regulations in force until the date of
entry into force of this Law shall submit a valid professional liability insurance policy for entry of active
status in the register of licensed engineers, architects and spatial planners in the register of licensed
contractors. 43, paragraph 5 of this law.

Persons who have been issued a license in accordance with the regulations in force until the date of
entry into force of this Law shall be checked for validity of the license after three years from the date of
entry into force of the regulation governing professional development and conditions for issuing, in the
case when the status of "not active" is entered in the register of licensed engineers, architects and
spatial planners and the register of licensed contractors and the register of foreign persons performing
professional activities.

Persons who have been issued licenses for responsible planner in accordance with the regulations in
force until the entry into force of this law, have the right to perform professional activities as licensed
spatial planners within professional fields for which, in accordance with this law, have acquired
appropriate education and which are entered in the register of licensed engineers, architects and spatial
planners.

Persons who have been issued licenses for a responsible urban planner in accordance with the
regulations in force until the entry into force of this Law, have the right to perform professional activities
as licensed urban planners within professional fields for which, in accordance with this Law, are entered
in the register of licensed engineers, architects and spatial planners.

The right to use professional titles referred to in Article 26 of this Law shall also belong to persons who,
in accordance with the regulations in force until the entry into force of this Law, have been issued a
license for responsible designer. in accordance with this law and which are entered in the register of
licensed engineers, architects and spatial planners.

Article 52 [s7]
An indefinite tenant of an apartment owned by citizens, endowments and foundations, who acquired that
right in accordance with the law, ie by force of law, and uses the apartment on a legal basis which may
be: apartment lease agreement and / or decision of the competent authority, ie the court decision that
replaces the lease agreement (hereinafter: the lease agreement), continues to use the apartment for
rent for an indefinite period of time until the decision on eviction, ie the decision on relocation.

For the use of the apartment, the person referred to in paragraph 1 of this Article pays the apartment
owner a monthly rent which is determined depending on the area of the apartment, the quality of the
apartment and the building in which the apartment is located, and is expressed by the number of points
and according to the following formula: Zk = Bb x Po x Ko, where (Zk - monthly rent, Bb - number of
points of the apartment in question, Po - apartment area um 2 , Ko - coefficient).

The coefficient is obtained as an element of this formula from paragraph 2 of this article by dividing the
amount of 15% of the average monthly salary without taxes and contributions in the Republic of Serbia
in the previous accounting period by the number of points of average equipment (600 points) and
average area apartment of 56 m 2 and is calculated according to the following formula: Ko = Iz: (Bb x
Po), where: Ko - coefficient, Amount - the amount of 15% of the average monthly salary without taxes
and contributions in the Republic of Serbia in the previous accounting period, Bb - number of points of
the apartment of average equipment (600 points), Po - average usable area of the apartment (56 m 2 ).

Determination, calculation and collection of rent is performed by the owner of the apartment, ie the
holder of the right of disposal or the company for housing services or another legal entity entrusted with
these tasks.

The amount of the monthly rent referred to in paragraph 2 of this Article shall be determined for the six-
month accounting periods: January-June and July-December and shall be adjusted to the growth of
retail prices.

The Minister in charge of housing affairs determines the coefficient for calculating the amount of the
monthly rent for the apartment.

The person referred to in paragraph 1 of this Article is obliged to participate in the management and
costs of current maintenance and emergency interventions of the building in which the apartment is
located, in accordance with this Law.

In the event that the person referred to in paragraph 1 of this Article does not pay three consecutive
monthly rents during the lease, it will be considered that the lease agreement has been terminated, ie
that the legal basis for using the apartment has ceased.

If the person referred to in paragraph 1 of this Article subleases the apartment to a third party, uses it for
economic activity or if his actions lead to its collapse or destruction, the lease agreement shall be
deemed terminated, ie the legal basis for using the apartment has ceased.

The person referred to in paragraph 1 of this Article is obliged to enable the owner of the apartment to
enter the apartment once a year for the purpose of insight into the manner of using the apartment.

In case of occurrence of conditions for termination of the contract from para. 8 and 9 of this Article, the
owner of the apartment submits a request for termination of the lease agreement to the competent body
of the municipal or city administration on whose territory the apartment is located.

The competent authority referred to in paragraph 11 of this Article upon receipt of the request of the
owner of the apartment to terminate the lease in an urgent procedure checks the fulfillment of conditions
for termination, with mandatory hearing of the tenant, and if it finds that the conditions exist, , while
making a decision on eviction with an eviction deadline of 90 days.

In case the termination of the contract is requested due to non-payment of three consecutive monthly
rents, the lease agreement will remain in force if the lessee pays the amount of the debt for the lease
before the termination of the contract is announced.

The tenant of the apartment may file an appeal against the decision on eviction to the municipal or city
council within eight days from the day of receipt of the decision.

Article 53 [s7]
On the day this Law enters into force, Article 140 of the Law on Housing and Maintenance of Buildings
("Official Gazette of RS", No. 104/16) shall cease to be valid.

Article 54 [s7]
Initiated procedures for resolving requests for building permits, location permits, location conditions,
building permits, use permits, issuing licenses for engineers, architects and spatial planners and other
requests for resolving individual rights and obligations submitted before the entry into force of this Law ,
will end according to the regulations under which they began.

Notwithstanding paragraph 1 of this Article, proceedings related to projects for the construction of
facilities of importance to the Republic of Serbia, initiated under the provisions of previous laws, shall be
completed under the provisions of this law.

Article 55 [s7]
The amount of costs from Art. 9, 24, 36 and 41 of this Law, determined by the Minister competent for
construction affairs in accordance with the provisions of this Law, shall be applied until the determination
of the republic administrative fees for the procedures referred to in Art. 9, 24, 36 and 41 of this law.

Article 56 [s7]
This Law shall enter into force on the eighth day from the day of its publication in the "Official Gazette of
the Republic of Serbia", except for the provision of Article 3 of this Law, which shall enter into force on
June 1, 2020 and the provision of Article 43 of this Law. Articles 162d, 162đ, 162e, 162ž, 162z, 162i,
162j, 162k and 162l), which shall enter into force on the day of the accession of the Republic of Serbia
to the European Union.

Independent members of the Law on Amendments


to the Law on Planning and Construction

("Official Gazette of RS", No. 52/2021)

Article 2 [s8]
Deadline for obtaining a use permit for facilities referred to in Article 140 of the Law on Planning and
Construction for which decisions on construction permits, ie decisions on approval for construction were
issued in accordance with previously applicable laws governing the construction of facilities, before
September 11, 2009 , is four years from the date of entry into force of this law.

Article 3 [s8]
The bodies responsible for adopting planning documents adopted before January 1, 1993, and which
did not adopt new planning documents instead within the prescribed legal deadline, are obliged to adopt
new planning documents within 24 months from the day this law enters into force.

A fine of 50,000 to 150,000 dinars shall be imposed on the responsible person of the local self-
government unit who has not acted in accordance with paragraph 1 of this Article.

Article 4 [s8]
This Law shall enter into force on the day following the day of its publication in the "Official Gazette of
the Republic of Serbia".

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