New construction-related legislation has introduced a series of novelties to help investors speed up their building process » Full version of the new Law on Planning and Construction – serbian version (pdf)

  1. The procedure of obtaining the necessary documentation for construction is conducted within a unified procedure, at one place, from issuance of site conditions to the issuance of the usage permit.
  2. The investor submits only the documents that the competent authority cannot obtain ex officio.
  3. All rights are obtained on the cadastral plot that meets all the requirements for the building lot.
  4. Each person that has corresponding rights on a piece of land or a facility has the right to build.
  5. Financier – a person who beside the investor has the right in the process, but does not acquire the right to the property – neither the facility nor the land; shall be understood to mean an entity that, on the basis of a contract signed and duly verified with the Investor, finances or co-finances the construction, extension, reconstruction, adaption, remediation or execution of other investment projects as provided for in this Law, and that, on that basis of such contract, acquires specific rights and obligations as prescribed by this Law for investors in line with such contract, with the exception of acquisition of property rights on the facility being constructed.

From an investment decision to the registration of ownership rights:

  1. Preliminary design preparation
  2. Issuance of site conditions (5+15+5)
  3. Preparation of project for the issuance of construction permit
  4. Issuance of construction permit (5)
  5. Preparation of the construction project
  6. Notification about the works
  7. Construction works execution
  8. Technical inspection of the facility
  9. Issuance of the usage permit (5)
  10. Registration of ownership rights

Site conditions

  1. Contain data on possibilities and limitations of building on a cadastral plot, e.g. all conditions necessary for the preparation of project for the building permits
  2. Issued by The Ministry, e.g competent authority of the autonomous national or local self-government bodies
  3. Investor submits a preliminary project of the future project
  4. The issuance deadline is 25 days since the day of the submitted permit (5+15+5)
  5. A complaint about the issued site conditions can be filed to the local council, e.g city council or the government
  6. If the plan of Detailed Regulation has not been adopted, site conditions are issued based on the official act  that prescribes general rules of planning and construction or based on the existing document on planning if it contains the regulation line

Construction permit

  1. Public act issued by the competent authority within 5 days of submitting a valid application
  2. Construction permit is issued to the investor that submits project excerpt, the project documentation for construction permit, that has the corresponding right to the land or facility, that has regulated his/her relations with the local self-government in terms of land development contribution and has paid for the administrative taxes
  3. Competent authority only verifies that the formal conditions for the construction have been met
  4. The investor is not obliged to pay for the land development contribution until the performance of works
  5. Upon the issuance of the construction permit, the investor can start with the preliminary works and preparation of the main design

Notification about the works

  1. Upon the preparation of construction project, 8 days before the beginning of performance of works, the investor submits the notification about the works to the authority that has issued the construction permit
  2. Along the notification about the works, a proof that the investor has paid for the land development contribution and regulated his/her relations with the corresponding local self-government body must be submitted
  3. Call for papers contains the start and end date of construction works
  4. Deadlines for the completion of works are valid from the day of submission of notification about the works

Usage permit

  1. The investor provides the technical inspection of the facility
  2. Technical inspection of the facility is done by a board or a business association appointed by the investor
  3. With the application for the issuance of the usage permit, the board decision on the inspection by which it is granted that the facility is eligible to use is submitted with the proposal for the usage permit issuance, final design, and geodetic survey for the facility and the underground installations and energy permit if needed
  4. Usage permit is issued within 5 days and is delivered to the investor and the corresponding building inspectorate

Registration of ownership rights

  1. Application for the registration of land is submitted to the real estate cadastre on the territory of the local self-government where the facility is located
  2. Within 5 days of the validity of the issued exploitation permit, the competent authority submits the permit and geodetic survey for the facility and its underground installations ex officio to the body responsible for the state survey and cadastre
  3. The body responsible for the state survey and cadastre issues a decision on the facility number and registration of land e.g. registration of particular parts of the facility and informs the investor and the competent authority 7 days from the issuance of the exploitation permit and  registers the land into the utility cadastre within 30 days

Building land

  1. Specific provisions on land exploitation, lease, alienation, acquisition and conveyance of building land as well as the thorough procedure of conversion of agricultural and forest land into construction land
  2. Lacking infrastructure can be built through investors’ funding, e.g. co-funding, e.g. investors’ and local self-government co-funding – the contribution is reduced by the assets invested into the co-funding
  3. Contribution is not paid for the explicitly stated facilities, e.g. works: infrastructural, production, stock, underground floors etc.
  4. Contribution is determined by an official decision and makes up for an integral part of the construction permit
  5. Settlement of contribution is not a prerequisite for the issuance of the construction permit, and is due before the notice of commencement of works

Building land concession is converted into the right to property, no fee needed (general principle)

  1. Right to property is granted by law, ex lege, on the day the law takes effect, and the registration of land title is administered by the competent authority (RGA) ex officio
  2. The right is erga omnes, except for persons who can achieve this right with a fee (Article 102, Paragraph 9)
  3. Terms and conditions of the conversion of building land concession  into the right to property for persons stated in Articles 103-106a of the current law will be arranged by a new law
  4. Exceptionally, the right to building land for these persons is building land concession on the land that has been registered into property records, until a separate directive that will define the right to property and the manner to acquire the right to property on the building land for these persons is adopted




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