Real Estate and Construction Update

by ZS Law

Most important Laws in Real Estate sector which were enacted by the National Assembly of the Republic of Serbia and published in the Republic of Serbia Official Gazette on November, 2018.

·       Law on Changes and Amendments to the Law on the Legalization of Buildings (“RS Official Gazette” No. 83/2018)

The Law on Changes and Amendments to the Law on the Legalization of Buildings introduces a new tool that will enable easier and faster adoption and implementation of the decision on the demolition of illegally constructed buildings. Amendments to the law stipulate that the decision on rejection/refusal of the request for legalization is not needed to be legally binding, but only final in order to conduct the demolition of a building. This measure will bring faster and more frequent removal of illegally constructed buildings than before when the removal has been postponed until the end of long administrative proceedings followed by an inevitable court dispute. Other amendments prescribe that the sale and purchase of illegally constructed real estate is to be severely limited in the coming months, all of this in the goal of reducing illegal construction in accordance with the European standards for construction.

·       Law on Construction Products (“RS Official Gazette” No. 83/2018)

The Law regulates the matter of construction products for the first time in a unified manner and harmonizes it with the standards and the best practice in the EU. The Law brings improvements of the market of construction products, raises the level of quality of the materials used in the construction of roads, bridges, buildings and other facilities and provides more affordable prices for investors through the competition of manufacturers. 

·       Law on Critical Infrastructure (“RS Official Gazette” No. 87/2018)

The Law regulates national and European critical infrastructure, identification and determination of critical infrastructure of the Republic of Serbia, protection of critical infrastructure, jurisdiction and responsibility of the competent authority and organizations in the field of critical infrastructure and information, reporting, decision support, data protection, management and control in the field of critical infrastructure.

·       Law on Nationality and Registration of the Vessels(“RS Official Gazette” No. 10/2013, 18/2015 i 83/2018)

The Law regulates all matters regarding nationality of vessels, identification, type and contents of the vessels register, entry, conditions and the procedure for the entry of the vessels.

·       Law on Changes and Amendments to the Law on Planning and Construction (“RS Official Gazzete” No. 83/2018)

The Law on Changes and Amendments to the Law on Planning and Construction regulates application of e-licenses and e-cadasters and the improvement of e-space, i.e. the introduction of an integrated procedure for preparation of spatial planning documents, based on the procedure that already exists for preparation of building permits. Amendments to the Law stipulate a reduction of deadlines for preparation of spatial planning documents to a determined maximum of 12 months. Adoption of these amendments to the Law enables direct application of General Regulation Plan and also public availability of all planning documents in the Central Register of Spatial Planning Documents. The Amendments also provide a shorter procedure for making changes to the spatial planning documents, which is determined to last up to six months. Among the mentioned improvements it is also worth mentioning: extension of validity of site conditions from 12 to 24 months, extension of the construction permit from two to three years, as well as the possibility of phase construction.

·       Bylaw on Changes and Amendments to the Bylaw on the Registry of intermediaries in sale and lease of immovable property (“RS Official Gazzete” No. 88/2018)

The Bylaw prescribes form, content and manner of keeping the Registry of intermediaries in transactions and leasing of immovable property, and also form of application for registration in the Registry and form of issuing an excerpt from the Registry.

All of the abovementioned changes and additions are incorporated into the legal system of Republic of Serbia with the intent of streamlining procedures which were previously a costly burden to investors looking to capitalize on large transactions in the construction field.

If you have any questions or need further information please contact Ksenija Golubović Filipović, Partner at ksenija.golubovic@zslaw.rs, Uroš Đorđević, Partner at uros.djordjevic@zslaw.rs, Nikola Šiljegović, Associate at nikola.siljegovic@zslaw.rs or any of your regular contacts at Živković Samardžić.

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