LEGALIZATION OF THE REAL ESTATE IN MONTENEGRO
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LEGALIZATION OF THE REAL ESTATE IN MONTENEGRO
The procedure for the legalization of objects constructed without a building permit or with violations of norms (including the norms permitted for the construction of a square) is provided by a permit (hereinafter referred to as an object without permission).
І STAGE
Terms and conditions for filing an application.
Timing
The application for the legalization of the object without permission, in accordance with the norms of the Montenegrin Law on Territory Planning and Construction, must be submitted to the appropriate local government no later than July 15, 2018. The corresponding body, for example in Herceg Novi is - Sekretarijat za prostorno planiranje i izgradnju, in Kotor - Sekretarijat za urbanizam, gradjevinarstvo i prostorno planiranje.
In practice, if a person does not have any additional questions before submitting an application, his form can be obtained, filled out, attached to him with the necessary documents and submitted to Građanskom birou (in analogy to our administrative services center).
The above deadline for submitting an application is extreme and applies to all objects that are built without permission. Objects without permits, for the legalization of which, an appropriate application will not be submitted within the prescribed time limit - can not be legalized in the future.
Conditions
Under the application for legalization, it is necessary to enclose an extract (list nepokretnosti) from the register of property rights in Montenegro (katastr nepokretnosti) with data about the object without permission and a survey of the real condition of the constructed object (elaborat premjera izvedenog stanja izgrađenog objekta).
The list of nepokretnosti can be obtained from the territorial office of the Montenegrin real estate office (Uprava za nekretnine), by submitting an application.
Elaborat premjera izvedenog stanja izgrađenog objekta - it is necessary to order from a licensed geodetic organization.
Note: Survey of the real condition of the constructed object (elaborated premiere izvedenog stanja izgrađenog objekta) - the survey process itself and the documentary result, can be compared with a more understandable for us technical inventory of houses, apartments and other real estate.
Entering data about an object without permission into the register of property rights for real estate is a prerequisite for filing an application for legalization.
If the object without permission is not inscribed in the register of ownership of real estate in Montenegro, then before submitting an application for legalization, it must first be entered.
The entry into the register is carried out on the basis of an appropriate application and a survey of the real state of the constructed object, certified in the same registry (elaborata premjera izvedenog stanja izgrađenog objekta).
After that, you can apply for legalization on the previously indicated instructions.
In order to legalize an object without permission, it must be built in accordance with the development plan and land use plan (DUP and its like), which was in force at the time of the new Montenegrin law on planning and construction of the territories (October 14, 2017), the plan, which was adopted after the entry into force of the Law, but before the adoption of the General Scheme of Territorial Planning of Montenegro, in accordance with the General Scheme adopted on the basis of this Law.
The General Scheme of Territorial Planning of Montenegro should be adopted within 3 years of the entry into force of the Montenegrin Law on Territory Planning and Construction.
From the above it follows that at the first stage, the issues of legalization of objects without permits that are constructed in accordance with the requirements of the current building and land use plans will be considered, and the procedure for considering applications for legalization of other facilities will be postponed until the adoption of the General Scheme of Territorial Planning of Montenegro.
Also, the procedure for reviewing the application will be postponed if it is revealed that the object has been located on a foreign land plot. In this case, until the resolution of the disputed issue with the land.
ІІ STAGE
Necessary documents and technical documentation for further solving the issue of legalization
If the application for legalization is submitted to the site without permission, which is built in accordance with the current building and land use plan, and there are no unsolved issues with the land plot, the applicant will be asked to provide the following documentation necessary for the continuation of the legalization procedure within 120 days:
1. Proof of payment or settlement of the issue of payment of compensation for municipal construction of land for construction.
An approximate calculation of compensation, according to the current decision, for an object without a permit of 100 m2 in Zone II in the Herceg Novi - 120 euros / m2x100 = 12,000 euros. To this amount, 5% is added, if you pay immediately, 20%, if parts. Payment by installments can be divided up to 120 months (10 years).
2. Proof of payment or settlement of the issue of paying a separate fee for connecting local networks to the regional water supply system in the Montenegrin coastal area.
The specified collection is mandatory for the objects that are located in the contours of Herceg Novi, Kotor, Tivat, Budva, Bar, Ulcinj.
According to the current Regulations, this fee for objects without permission is 8 euro / m2 - 8evro / m2x100 = 800 euros. The payment of this fee can be divided for up to 36 months.
3. The project of the object constructed without permission for facilities with an area of more than 200 m2, prepared by the enterprise having a license for the preparation of technical documentation and construction of facilities.
4. Report on the positive audit of the project of the object constructed without permission for objects larger than 200 m2.
5. Statement by the reviewer on the confirmation of the construction of the facility, in accordance with the project of the object built without permission, for objects larger than 200 m2.
6. Analysis of static and seismic stability tests of an object constructed without a permit with an area of up to 500 m2, conducted by a specialized enterprise and its statement on the stability and safety of the facility.
7. Analysis of static and seismic stability tests of a facility constructed without a permit with an area of more than 500 m2 by a specialized enterprise and a reviewer's statement on the stability and safety of the facility.
Note: As there are separate lightweight requirements for objects without permission, with an area of up to 200 m2, which are the main and only place of residence. Due to the fact that most foreigners do not touch this, they are not described, but explanations on them can be obtained on an individual basis.
Decision on legalization
Based on all submitted documents, a decision is made on legalization and a record is made in the register of property rights for real estate.
The decision on legalization necessarily contains an indication of the obligation to bring the appearance of the object in accordance with the requirements prescribed for such objects by the development plan and land use or with the requirements of the chief city architect, if such a plan is not available.
The obligation to bring the appearance of the object in accordance with the requirements must be fulfilled within 3 years from the date of the decision on legalization. A record of this obligation is entered in the register of property rights in the section of burdening.
Also, a record of burdens is introduced when choosing a payment option for compensation for communal land development for construction and collection for the connection of local networks to the regional water supply system in Montenegrin Primorye parts.
It is absolutely impossible to legalize objects without permission, which are built on the lands of energy and transport, lands of specially protected territories and objects, lands of the water fund, etc.
Sanctions
In case of not submitting an application for legalization of an object without permission and not obtaining a decision on legalization, the owner of such an object may be brought to administrative responsibility in the form of a fine in the form of a fine, sanctions may be applied in the form of a fine:
From 5000 to 40000 euros - for legal entities;
From 1000 to 12000 euros - for an individual entrepreneur;
From 500 to 4000 euros - for an individual.
Also, for objects without permission, since 2016, the tax on real estate has already been increased by 2 times.
In addition, the Law of Montenegro on the planning of territories and construction, in the case of failure to submit a legalization application within a specified time, provides for the imposition of another sanction, namely the annual payment for the use of the territory, which will be 0.5 to 2% of the average construction cost m2 in new residential buildings in Montenegro for the previous year, for each m2 of the object without permission.
Example: the average cost of building a m2 in new residential buildings in Montenegro for 2016 was 628 euros, if you calculate the object with an area of 100 m2 and assume that the amount of payment for the use of the territory will be set at 1%, then the amount of payment for the year is 628 Euro. 628: 100 = 6,28х1 = 6,28х100 = 628 euros.
The application of all the above sanctions, does not exclude the demolition of the object at the expense of the owner, in the future.
For personal consultations on legalization, you can apply to private messages.
At the moment, we already have practical experience of passing the first stage of the legalization procedure, a licensed surveying company that has been tested in the work, and we are ready to help you in its successful passage in the Hertseg Novi, and, in a separate agreement with surveyors, in other nearby contests.
Questions can be asked here, in groups in VC or in facebook listed below.
https://vk.com/club140082661
https://www.facebook.com/groups/576003786070166/
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