Law on Planning and Construction

7/28/2019 Law on Planning and Construction

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PLANNING AND CONSTRUCTION LAW

1. BASIC PROVISIONS

Subject

Article 1

This Law regulates the following: conditions for and modalities of space planning and

development, the development and use of construction land and construction of structures; it

establishes the Republic’s agency for space planning; regulates supervision over the observance

of provisions of this Law; regulates other matters of importance for space planning and

development, use of construction land and construction of structures.

Definitions

Article 2

Certain expressions used in this Law have the following meaning:

1/ “ Public Area” is an area designated by a plan for objects and other contents whose use

and construction are of common interest, in accordance with expropriation regulations (public

roads, parks, squares, streets, as well as other areas according to a special law);

2/ “ Public Structures of General Interest ” are structures whose use or construction are of

common interest, in accordance with expropriation regulations (streets, water mains, sewers,

public lighting, public facilities in the field of education, health, social protection, culture, sports,

environmental protection, protection against natural disasters, as well as other objects according

to a special law);

3/ “ Regulation” means determining regulatory and zoning conditions for urban

developments based on a given plan, or on the basis of the applicable urban planning rules;

4/ “ Leveling ” means determining height restrictions and conditions for urban development

based on a given plan, or on the basis of the applicable urban planning rules;

5/ “ Degree or Index of Construction” is the ratio of the total building gross area and the lot

area (area of building parcel, block, zone) expressed in the same measuring units;

6/ “ Degree or Index of Occupation” is the ratio of the area of building’s footprint(s) and thelot area (area of building parcel, block, zone) expressed in the same measuring units;

7/ “City” is a settlement defined as such by the law;

8/ “Settlement ” is a developed, functionally unified space that provides conditions for life

and work, and for satisfying common needs of its inhabitants;

9/ “Village” is a settlement inhabited mostly by agricultural population, but is not the seat of

a county (district);

10/ “Urban Settlement ” is a settlement with the elements of urban character with developed production and service sectors, and is determined as such by the space plan;



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11/ “ NUTS ” is a nomenclature of statistical territorial units according to the standards of the

European Union and the Statistical Institute of the European Union in Luxembourg

(EUROSTAT). NUTS 1 covers 4 to 5 million inhabitants and has a character of a federal unit;

NUTS 2 covers 1

to 4 million inhabitants, NUTS 3 covers 100.000 to 1.000.000 inhabitants, NUTS 4 covers

10.000 to 100.000 inhabitants and NUTS 5 covers less than 10.000 inhabitants.

12/ “Site” is an area in which construction and other works take place, as specified by a plan

or another act based on this Law;

13/ “ Regulation Line” is a line that separates a public space from spaces designated for other

purposes;

14/ “Construction Line” is a line on, above or below the surface of land and water, defined by

this Law, up to which construction is permitted;

15/ “Construction Zone” is a piece of land defined by a corresponding urban plan and

declared by a county, city, or the city of Belgrade as public construction land, as well as other

construction land intended for construction, which can be developed or non-developed, prepared(for construction) or unprepared;

16/ “Construction of a structure” is a set of activities encompassing: preliminary works,

preparation of technical documentation, control of technical documentation, preparatory

construction works, and construction supervision;

17/ “Technical documentation” stands for a set of projects developed for the purpose of:

defining the concept of the proposed structure, elaborating construction means and methods, and

maintenance;

18/ “Conceptual Project ” is a design set which defines: intended use, position, shape,capacity, technical, technological and functional characteristics of the proposed structure, its

organizational elements and its appearance;

19/ “ Main Project ” is a set of documents which define the structural, technical, technological

and functional characteristics of the structure including equipment and installations, construction

means and methods, projected construction cost and maintenance conditions;

20/ “construction documents” means a construction set that includes all necessary details

necessary to build the structure in accordance with the main project;

21/ “ As-built drawings” means a set of drawings that represents the actual condition of thecompleted structure, and is made for exploitation and maintenance purposes;

22/ “Structure” is a constructed object or assembly that represents a physical, technical,

technological or bio-technical whole with all its installations, machinery and equipment, and the

very installations, machinery and equipment built into the structure or constructed independently

(buildings of all types; transportation, water-reclamation and energetics facilities, internal and

external network of installations; communal infra-structure; industrial, agricultural and other

commercial facilities; public parks, sports and recreational facilities, cemeteries, bomb shelters,

etc.

23/ "Transportation facility" is a bridge, underpass, overpass, passage, gallery, tunnel,retaining and revetment wall, sound-barrier wall, as well as auxiliary objects (border crossings,

road toll plazas and traffic control stations, etc.);



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24/ “Construction” means performing rough construction work and finish works that include

all trades, laying installations, and installing machinery and other equipment;

25/ “ Reconstruction” means performing all construction and other works on an existing

structure which: serve the purpose of building an addition to it; affect its stability and safety;

changes structural elements; changes technological process; changes its outer appearance;

increases the number of functional units; influences the safety of surrounding objects, traffic and

environment; modifies the water regime; influences the protection of natural and immobile

cultural assets, recorded real estate, assets covered by previous protection & its protected

environment, with the exception of conservation and restoration works;

26/ “Constructing addition” means performing construction and other works in order to erect

new premises next to, underneath or above the existing structure, which together with it forms

one functional or technical entity;

27/ " Adaptation” stands for performing construction and other works on an existing structure

in order to change its layout, replace appliances, machinery, equipment and installations with the

ones of equal grade, without influencing its stability or changing any structural elements or external appearance, and without affecting the safety of surrounding objects, traffic and

environment;

28/ “ Renovation” means performing construction and other works on an existing structure by

repairing appliances, machinery and equipment, or

replacing its structural elements, without altering its external appearance or affecting the safety of

surrounding structures, traffic and environment, and without influencing the protection of natural

and immobile cultural assets, recorded real estate, assets covered by previous protection & its

protected environment, with the exception of conservation and restoration works;

29/ “ Auxiliary structure” is a structure that supports the use of a residential and other facility,and is constructed on the same building parcel, such as storage spaces, septic tanks, wells, fences

and so forth; and individual electrical poles and transformer stations 10/0,4 kV;

30/ “ Investor ” is a person for whose needs is the structure being built, who finances its

construction, and in whose name the building permit is issued.

II SPACE PLANNING

Principles of Space Development

Article 3

The space development is based on the principles of:

1/ sustainable development, real needs, dynamics and cooperation among territorial units

and accessibility of public sectors;

2/ increase of efficiency and responsibility in the field of space use, management, protection

and improvement;

3/ transparency of the process of plans adoption;



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4/ encouraging equitability to the territorial development of the Republic of Serbia and

preserving the quality and diversity of the available natural and created resources;

5/ harmonization of social development, economic efficiency and environmental protection

and revitalization, and protection of natural, historical and cultural assets and values;

6/ realization of development priorities and securing the rational use of non-renewable

natural resources;

7/ cooperation between the Republic, units of local self government and territorial

autonomy, public enterprises and institutions, non-governmental organizations and other

participants in the space development;

8/ selection and definition of strategic priorities of the space development as a basis for

planning and development of space at the level of territorial units;

9/ harmonization with European norms and standards in the area of planning and space

development with the aim of creating conditions for trans-border and international cooperation

and inclusion of the Republic of Serbia into the processes of European integrations;

Republic’s Space Planning Agency

Establishment

Article 4

In order to provide the conditions for an efficient implementation and promotion of the

planning policies and space development in the Republic of Serbia, the Republic’s agency for

space planning (in further text: Agency) is established as an independent organization that carries

out its public authority in accordance with this Law and regulations based on this Law.The Agency is responsible for its activities to the Government of the Republic of Serbia,

in compliance with the Law.

Legal Status

Article 5

The Agency has a status of a legal entity with the rights, obligations and responsibilities

defined by the law and the statute.

The Agency operates in concert with the regulations governing public services.

The Agency has its bank account.

Headquarters

Article 6

The seat of the Agency is in Belgrade.

The Agency may have organizational units in places such as the seat of territorial

autonomy and others, in accordance with the Statute.



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Funds for establishing and running the Agency

Article 7

The funds for establishing and running the Agency are provided from:

1/ The budget of the Republic of Serbia;

2/ Revenues earned through performing work within the scope of

its authority;

3/ Grants, contributions and sponsoring of domestic and foreign

legal entities and persons;

4/ Other sources in accordance with the law;

Agency’s prerogatives

Article 8

The Agency is responsible for:

1/ preparing and proposing the Space Development Strategy for the Republic of Serbia,coordinating and following up on its elaboration, and overseeing implementation;

2/ participating in the elaboration of space development schemes and coordinating the work

of pertinent ministries in the preparation of space development schemes;

3/ preparing and proposing the space plan for the special purpose areas, coordinating and

following up on its elaboration, in cooperation with pertinent ministries and other offices and

organizations;

4/ performing the duties of expert supervision over the space plan for the special purpose

areas and for the regional space plan, unless specified otherwise by law;

5/ international cooperation in the area of space planning;

6/ providing expert assistance in the plans’ elaboration;

7/ development of a unified and comprehensive space information system;

8/ keeping the registry of planning documents for the territory of the Republic of Serbia;

9/ preparing and implementing educational programs for the purposes of planning

documents preparation;

10/ performing other activities in accordance with the law and the Statute;

Offices of the Agency

Article 9

The offices of the Agency are the Council, Director and the Supervisory Board.

The President and members of the Council and of the Supervisory Board, as well as the

Director are appointed and released from their functions by the Government of the Republic of

Serbia.



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The President and members of the Council and the Supervisory Board, as well as the

Director are appointed for a period of four years, however the same person cannot be appointed

more than two times.

Council

Article 10

The Council of the Agency (in further text: Council) has eleven members who are

appointed from the ranks of respected experts in the areas relevant to the domain of the Agency’s

activities, upon recommendation of the pertinent Ministries.

Director

Article 11

The Director:

1/ represents the Agency;2/ manages the Agency and organizes its operation;

3/ proposes acts to be adopted by the Council;

4/ carries out the decisions of the Council and takes measures for their

implementation;

5/ is responsible for the legality of operations, and for the use and managing of the Agency’s

assets;

6/ adopts an act on the internal organization and systematization of work places, proposes

the work plan and carries out activities as defined by the law and the Statute;

Supervisory Board

Article 12

The Supervisory Board has a President and two members.

The Supervisory Board:

1/ supervises legality of Agency’s work;

2/ checks annual reports on the Agency’s operations and financial balance;

3/ carries out also other tasks defined by the law and the Statute;

The Supervisory Board submits a report on the results of the supervision at least once a

year to the corresponding ministry, which informs the Government of the Republic of Serbia

about it within 15 days from the day of receiving the report.

Statutory documents

Article 13

The general acts of the Agency are: the Statute, the Manual and other general rules.

The Statute is the primary administrative document of the Agency;

The Statute is adopted by the Council with the consent of the Government of the Republic

of Serbia;

The Statute contains regulations concerning:

1/ activities of the Agency;2/ manner in which the work is carried out;

3/ internal organizational structure



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4/ Agency’s officers and their operations;

5/ representation of the Agency;

6/ rights, obligations and responsibilities of the employees;

7/ other issues of importance for the Agency’s operation;

Performance of certain Expert and Other Activities

Article 14

For the purpose of performing certain expert tasks from its domain, the Agency

may engage other domestic or foreign legal entities and persons, according to the law.

Supervision over Agency’s Work

Article 15

The supervision over the work of the Agency is carried out by the ministry responsible

for overseeing space planning.

At least two times a year, the Agency submits a report on its work to the Government of the Republic of Serbia, through the ministry responsible for overseeing space planning.

Types of Planning Documents

Article 16

Planning documents are:

1/ The Space Development Strategy for the Republic of Serbia;

2/ Space development schemes;3/ Space plan for a special purpose area;

4/ Regional space plan;

5/ County space plan.

The planning documents referred to in paragraph 1, points 2, 3, 4 and 5 of this Article

must be mutually coordinated and in accordance with the Space Development Strategy for the

Republic of Serbia.

The Space Development Strategy for the Republic of Serbia

Article 17

The Space Development Strategy for the Republic of Serbia (in further text: the Strategy)

is adopted for the territory of the Republic of Serbia (European NUTS 1 standard size of spatial

units);

The Strategy determines the long term objectives of space planning and development in

accordance with total economic, social, ecological, cultural and historical development.

The Strategy especially defines the issues, fields and modalities of trans-border and

international cooperation in the area of space planning and development.

The Strategy is adopted by the National Assembly of the Republic of Serbia upon the

proposal by the Government of the Republic of Serbia.The Strategy is published in the “Official Gazette of the Republic of Serbia”.



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Space Development Schemes

Article 18

Space development schemes (in further text: Schemes) are planning documents which

more closely define space development in certain fields for which the basis of space development

is defined in the Strategy, namely: university level education and scientific research; culture;

health and social protection; information and telecommunications; multi modal transportation;

mining and energy; capital economy; nature and rural areas; sports and recreation.

The schemes are prepared by pertinent ministries in cooperation with the Agency.

The schemes are adopted by the Government of the Republic of Serbia, upon the proposal

of a pertinent ministry, after consulting the Agency.

Space Plan for a Special Purpose Area

Article 19

Space plan for a special purpose area is adopted for: an area of a national park; an areawhich due to its characteristics have a special purpose that requires a special regime of

organization, development, use, and space protection; an area determined by the Strategy or a

Regional space plan, or an area for which the institution in charge of adopting the plan

establishes that it should be subject to that type of plan.

Space plan for a special purpose area is also developed, as a rule, for the areas planed for

construction of structures or systems of national interest, as well as the structures referred to in

Article 89, paragraph 4 of this Law.

Space plan of a special purpose area, referred to in paragraph 2 of this Article, is

developed on the basis of a prior feasibility study.

Space plan of a special purpose area is adopted by the Government of the Republic of

Serbia or by the Assembly of an autonomous province for the areas on its territory, uponAgency’s recommendation.

Regional Space Plan

Article 20

Regional space plan is adopted for the territory of an Autonomous Province.

The regional space plan referred to in paragraph 1 of this Article is adopted by the

Assembly of the Autonomous Province.

The regional space plan may be adopted also for an area corresponding in size to thespace units of the European NUTS 2 and 3 standards.

The space plan referred to in paragraph 3 of this Article is adopted by the Government of

the Republic of Serbia or by the Assembly of an autonomous province for the areas on its

territory, upon Agency’s recommendation, unless prescribed otherwise by the Law.

The regional space plan for the territory of the city of Belgrade is adopted by the

Assembly of the city of Belgrade, upon previously obtained Agency’ recommendation, unless

prescribed otherwise by the Law.



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County Space Plan

Article 21

The County space plan is adopted for the territory of that county.

The County space plan is adopted by the County’s Assembly.

Two or more counties (up to the European NUTS 4 standard size of space units) may

adopt a space plan for the area of these counties.

The procedure of elaborating and adopting a space plan referred to in paragraph 3 of this

Article is regulated by an agreement between the counties in accordance with the law.

Contents of Planning Documents

Article 22

The Strategy contains primarily: the principles and objectives of space development for

the territory of the Republic of Serbia; basis for harmonizing and steering spatial development;

organization of space in the Republic of Serbia; development priorities; delineation of territorialdistricts with common spatial and developmental characteristics for which the space plans will be

brought.

Other planning documents elaborate principles of space planning and determine the

objectives of space development, organization, protection, use and purpose of spaces, as well as

other elements of importance for spatial wholes for which a spatial plan is being elaborated.

The planning documents referred to in paragraph 2 of this article contain a written part

and a graphic presentation which represent one and inseparable set of planning solutions,

prepared in analog and digital modes.

The Minister in charge of space planning and construction defines the contents, methods

and sequence of development of the Strategy and other planning documents in more detail.

Article 23

The Strategy and other planning documents are adopted for a period of at least 10 years.

Procedure for preparation of Planning Documents

Decision on Development of a Planning Document

Article 24

The development of the Strategy, schemes, and space plans for special purpose areas is

initiated by a decision of the Government of the Republic of Serbia (in further text: Government).

The decision on the development of the strategy and space plans for special purpose areas

shall be adopted by the Government upon Agency’s recommendation.

The decision on the development of a scheme is made by the Government upon proposal

from the ministry in charge, after having obtained an opinion from the Agency.

The decision on the development of a regional space plan is adopted by the institution

responsible for its adoption, after previously consulting the Agency.

The decision on the development of the county space plan is adopted by the institution

responsible for its adoption, after previously consulting the Planning Commission referred to in

Article 34 of this Law.The decision on the development of a planning document contains data about the type of

documents that is being prepared, objective of the adoption of the planning document, the area



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covered by the planning document, deadline for completion of the planning document, source of

funds necessary for preparation of the planning document, location of the document’s

presentation to the public, etc.

The decision on the development of the planning document referred to in paragraphs 1- 5

of this document shall be published in the "Official Gazette of the Republic of Serbia".

Program for Development of a Planning Document

Article 25

The decision on the development of a planning document shall be brought on the basis of

a program for development of planning documents which is a constituent part of the decision.

The program from paragraph 1 of this Article contains: the type of planning document,

the boundaries of the planning zone, the dynamics and financial means, review of existing

documentation and base drawings significant for preparation of the space plan, goals, potentials,

limitations, conflicts, development priorities, as well as other issues relevant for the preparation

of the planning document.

The program of the development of the Strategy and the space plan for a special purpose

area shall be prepared by the Agency.The program of the development of a regional space plan shall be prepared by the

pertinent institution in cooperation with the Agency, unless specified otherwise by the law.

The program of the development of a county space plan of shall be prepared by the

pertinent branch of county administration, or the enterprise referred to in Article 27 of this Law

in cooperation with the Planning Commission referred to in Article 34 of this Law.

Awarding the Development of a Planning Document

Article 26

Awarding the development of a planning document shall be conducted through a publicannouncement conducted by the institution in charge of adopting the planning document, through

the Agency or the Planning Commission referred to in Article 34 of this Law.

Development of a Planning Document

Article 27

Planning documents may be developed by an enterprise or other legal person registered in

the corresponding registry for carrying out space planning and preparation of planning

documents. (in further text: The Planning Agency).

Preparation of a planning document is managed by the Planner in charge.

The Planner in charge

Article 28

The Planner in charge can be a person with university education and at least five years of

work experience, professional achievements in development of planning documents,

recommendations from at least two other responsible planners or the Engineering Chamber, and

passed professional exam.

The Space planner’s professional achievements referred to in paragraph 1 of this

Article may fall into the category of management, development itself, or cooperation in preparation of at least two planning documents.



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Control of Planning Documentation and Presentation to the Public

Professional Control

Article 29

Before submitting a proposal for a planning document to the institution in charge for its

adoption, the planning document is subject to the professional expert control and is presented to

the public.

The professional control encompasses verification of the planning document’s

compatibility with the decision on its adoption, verification of justification of the planning

solution, verification of compatibility of the planning document with the law, standards and

norms, and other regulations adopted in accordance to the law.

The professional control of the Space Development Strategy of the Republic of Serbia

shall be performed by a commission formed by the minister responsible for space planning.

The professional control of the space plan for a special purpose area and the regional

spatial plan shall be performed by the Agency, unless otherwise specified by law.

The professional control of a county space plan shall be performed by the Planning

Commission referred to in Article 34 of this Law.The control of the county space plan’s compatibility with this Law and planning

documents, in case that a regional plan has not been adopted, shall be performed by a

commission formed by the minister responsible for space planning.

A report on the professional control shall be made, containing data on the conducted

control, with all remarks and positions on each remarks.

The report referred to in paragraph 7 of this Article shall be submitted to The Planning

Agency, which has 30 days from the date the report was submitted, to perform work as instructed

in the remarks.

Presentation to the Public

Article 30

The presentation of the plan to the public is conducted after the completion of the

professional control. The public presentation of the plan must be announced in the daily local

newspaper and lasts 30 days from the date of the announcement. The public presentation of the

plan is administered by the Agency or the Planning Commission referred to in Article 34 of this

Law.

A report shall be made on the conducted public presentation, containing data on the

performed presentation to the public, with all remarks and positions on each remark.

The report referred to in paragraph 2 of this Article is an integral part of the plan’s

justification.The minister in charge of space planning shall, in more detail, prescribe the manner in

which professional control of the space plan is conducted, as well as the conditions and form of

the plan’s presentation to the public.

Implementation Agreement

Article 31

An integral part of a Special Purpose Area Space Plan, Regional Space Plan, and a

County Space Plan is the implementation agreement.

The agreement referred to in paragraph 1 of this Article contains in the first place:obligations of signatories regarding conditions for access to the relevant funds (according to the



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specified planning solutions and measures), as well as the dynamics and modalities of securing

funds for their realization.

The implementation agreement of the regional space plan and county space plan is

entered into by the institution in charge of adopting the plan and participants in the realization of

planning solutions, for a period of four years.

The implementation agreement of the special purpose area space plan is entered into by

the Government of the Republic of Serbia, or autonomous province, county, city, or the city of

Belgrade, and other participants in the realization of planning solutions for the area covered by

the plan, unless determined otherwise by law.

Verification of Solutions

Article 32

Verification of solutions and establishing the need to make changes in a special purpose

area space plan, regional space plan and county space plan, is carried out by the institution in

charge of its adoption, upon expiration of deadline set forth in the implementation agreement, or

at least each four years.

III URBAN PLANNING

The Objectives of Settlements Development

Article 33

The planning and development of space and settlements provide:

1/ space organization of settlements that enables better quality of life;

2/ preservation and promotion of entire construction/building heritage, building traditions and

overall qualities of settlements;3/ completion of existing and creation of new urban qualities;

4/ renewal and reconstruction of historical and functional fabric;

5/ conservation of agricultural land, natural values and environment of a settlement, surrounding

settlements and region;

6/ coordination of construction of infrastructure and other public construction land developments;

Planning Commission

Article 34

With the aim of providing expert assistance in the process of development of countyspace plan, development and implementation of urban plans, and providing expert opinion about

conceptual plans upon request of the county administration, the institution in charge of adoption

of space or urban plan, forms a Planning Commission (in further text: Commission).

The President and members of the Commission are nominated from the ranks of

eminent experts in the field of space planning and urbanism and other areas important for

rendering professional services in the area of planning, space development and construction.

One third of the members of the Commission, possessing a corresponding license, is nominated

upon the proposal of the Minister in charge of urbanism and construction affairs.

Mandate of the President and the members of the Planning Commission lasts 4 years, and

the same person cannot serve more than two terms.

The number of members, work methods, composition and other issues important for Commission’s performance are defined by the act regulating the establishment of the

Commission.



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The institution responsible for forming the Commission may engage other legal and

physical, domestic or foreign entities for carrying out certain expert tasks for the Commission’s

needs.

Kinds and Contents or Urban Plans

Article 35

The Urban Plans are:

1/ principal urban plans

2/ regulation plans

The principal urban plans are the General Plan, and the Principal Development Plan.

The regulation plans are the Plan of General Regulation, and the Plan of Detailed

Regulation.

Contents of Urban Plans

The General Plan

Article 36

The General Urban Plan defines long term projections of the overall development as well

as space development of settlements.

The General Plan is adopted for a city, or the city of Belgrade.

The General Plan may be adopted for urban and other settlements also.

The General Plan regulates and defines in the first place:1/ Construction districts;

2/ Primary intended use of areas within a construction district.

3/ General layout, corridors and capacities of traffic, energy, water reclamation, communal and

other infrastructure.

4/ Zones or areas for which urban plans will be made, and zones or areas for which the General

Plan provides development regulations.

The Principal Development Plan

Article 37

The Principal Development Plan defines long term projections of general development as

well as space development of settlements, basic regulation and development regulations.

The Principal Development Plan is adopted for smaller settlements and villages for which

a General Plan or a General Regulatory Plan will not be adopted.

The Principal Development Plan is adopted for parts of settlements also, if so determined

by a General Plan or a Plan of General Regulation.

The Principal Development Plan defines in the first place:

1/ Primary intended purpose of the areas within the construction zone;

2/ General layout and corridors for traffic, energy, water reclamation, communal and other

infrastructure;

3/ Zones or wholes with the same development regulations.



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The Plan of General Regulation

Article 38

The Plan of General Regulation is adopted for settlements for which no General Plan will

be adopted, as well as for smaller settlements or villages for which a Principal Development Plan

will not be adopted.

The Plan of General Regulation, worked out for the whole settlement, determines long

term projections of general development and space development of said settlements, as well as

the rules of regulation, development and construction.

The plan referred to in paragraph 1 of this Article may be adopted for a part of a

settlement if so specified by the General Plan.

The Plan of General Regulation defines and determines in more details the following:

1/ Division of general construction district into public construction land and other construction

land;

2/ Paths, corridors and capacities for traffic, energy, water reclamation and communal

infrastructure;

3/ Heights (elevations) of street intersections (leveling plan);

4/ Primary intended purposes of the areas within the construction zone;5/ Division into zones or entities with the same development regulations;

6/ Sites designated for public structures;

The Plan of Detailed Regulation

Article 39

The Plan of Detailed Regulation is adopted for parts of settlements in accordance with the

General Plan or the Plan of General Regulation.

The Plan of Detailed Regulation may be adopted also for the whole settlement, in whichcase no Plan of General Regulation will be adopted.

The Plan of Detailed Regulation may be also adopted for construction of structures

referred to in Article 89, paragraph 4 of this Law.

The Plan referred to in paragraph 3 of this Article is developed in accordance with a

special purpose areas space plan, or on the basis of a completed feasibility study in case of a

populated area.

The Plan of Detailed Regulation, in addition to the elements referred to in Article 38

paragraph 4, determines and elaborates in more detail, especially:

1/ Boundaries of public construction land with elements required for their recording on the

cadastral registry;2/ regulation lines of the streets and public surfaces, and construction limits;

3/ elevation points (heights) of streets and public surfaces (leveling plan);

Constituent Parts of Urban Plans

Article 40

The constituent parts of Urban Plans are:

1/ development rules;

2/ construction rules;

3/ graphics;



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Development Rules

Article 41

Development rules include verbal description and explanation of the graphics, general

urban conditions and necessary elements defined by the program referred to in Article 45,

paragraph 3 of this Law.

The rules referred to in paragraph 1 of this Article, depending on the type of the plan,

determine:

1/ division of the land covered by the plan into public construction land and other

construction land;

2/ functional entities and zones defined by the plan

3/ urban conditions for public surfaces (areas) and public structures

4/ more detailed regulations concerning plants, structures and networks of traffic, energetics,

water reclamation, communal and other infrastructure , as well as the conditions for connecting

new objects to the networks of communal infrastructure, for zones or entities from the plan;

5/ special requirements, conditions and regulations which need to be complied with in order

to obtain a construction permit, depending on the place and type of structure planed for

construction;6/ ambient unities of cultural, historical or urban importance, as well as the inventory of

structures for which conservation and/or other special conditions that must developed before and

observed during their remodeling or reconstruction;

7/ Sites designated for further more detailed planning, subject to development of an urban

plan, or urban or architectural competition;

8/ general and special regulations regarding protection of the environment from various

kinds of pollution, protection of human life and health, and protection from fire and other

disasters and destruction;

9/ limitations that apply to performing certain types of works, or to construction in certain

zones or unities from the plan;

The development rules within the regulation plans also contain a midterm program for thedevelopment of public construction land and sources of financing for the envisioned high priority

land development works;

Construction Rules

Article 42

Construction rules include all the conditions related to the construction of structures and

are defined by zones or entities from the plan, according to the specific characteristics and needs

of settlements.

The regulations referred to in paragraph 1 of this Article determine:1/ type and intended use of structures that can be built under conditions defined in the plan

or under special conditions, as well as the type and intended use of structures, the construction of

which is prohibited in that zone.

2/ conditions for the establishment of a construction parcel;

3/ position of a structure in relation to regulation lines and in relation to the boundaries of

the construction parcel;

4/ the highest construction indexes and indexes of occupation of a construction parcel;

5/ the total number of floors allowed and the maximal height of the structure;

6/ the smallest permitted distance between the structures;

7/ conditions for construction of other structures on the same construction parcel;

8/ conditions and ways for securing access to a parcel and providing sufficient motor vehicle parking area;

9/ conditions for protection of surrounding structures;



16

10/ conditions for connecting to the communal utilities and other infrastructure;

11/ architectural and esthetic shaping of certain elements of the structures (materials, facades,

roofs, etc.);

12/ conditions for remodeling and reconstruction of existing structures;

13/ conditions for environmental protection, technical, hygienic, fire protection, security and

other conditions;

14/ special conditions for the construction of structures;

Graphics

Article 43

The graphics of the plan serve to present the planned solution, regulation and leveling.

The graphics referred to in paragraph 1 of this Article are made on an updated, signed and

sealed topographic cadastral plan, or on an updated, signed and sealed cadastral plan and an

updated, signed and sealed topographic plan (in further text: backgrounds);

The graphical part of the plan referred to in paragraph 2 of this Article which represents

an integral part of the General Plan and the Plan of General Regulation can be also made on the

ortho-photo (approved aerial photo) backgrounds.The backgrounds for the preparation of the graphical part of the plan referred to in

paragraph 2 of this can be analogue or digital.

Backgrounds

Article 44

Upon a request from a county or a municipality or the City of Belgrade (in further text:

county), the relevant institution or organization provides the existing copies of the topographic

and cadastral plan, or digital recordings, or cadastral plans of underground, surface and above

surface installations free of charge.In the case referred to in paragraph 1 of this Article, the count y shall complete the

updating of the cadastral backgrounds during the period from the date of providing the

backgrounds until the deadline set by this Law for the review of the related urban plan.

The amount of compensation for the updating of the cadastral backgrounds referred to in

paragraph 2 of this Article is determined by a special regulation which sets forth the fees for the

use of surveying data and the services of the institution in charge of the matters of land surveying

and real estate cadastre.

If the county does not complete the updating within the deadline referred to in paragraph

2 of this Article, the updating of the cadastral backgrounds shall be ensured by the ministry in

charge of urbanism, at the expense of the county.

Procedure for development of an Urban Plan

Program for development of a Plan

Article 45

Before a decision on the development of an Urban Plan is made, a program for the

development of such plan has to be devised.

For the purpose of devising the program referred to in paragraph 1 of this Article, the

following data shall be gathered: the condition and capacity of the network of public communalinfrastructure; the need to remodel and reconstruct structures, objects listed in the inventory of

protected objects, natural and cultural monuments, and ambient unities; cadastral and



17

topographic backgrounds for plan’s development; documents and data relevant for plan’s

development; the need to designate Sites for public buildings and structures, commercial and

other objects;

The program referred to in paragraph 1 of this Article contains:

1/ designated construction zone and its division into public construction land and other

construction land;

2/ division into construction zones or unities, according to urban indicators and other

characteristics;

3/ planned routes, corridors and the regulation of traffic, and network of public communal

infrastructure;

4/ estimates of necessary funds for development of traffic and construction of public

communal infrastructure;

5/ all necessary conditions set by relevant communal organizations and other institutions

that stem from the concept of the plan, and influence plan’s realization;

6/ other data and documents significant for the preparation of the Urban Plan.

The integral parts of the program referred to in paragraph 1 of this article are graphics that

represent the plan’s concept and a recommendation of the type and limits of the plan, in

accordance with the character and needs of the settlement.

Decision on the development of an Urban Plan

Article 46

The commencement of the development of an Urban Plan shall be based on the decision

to develop an Urban Plan, brought by the office in charge of making such decision, or an

institution designated by the assembly of a county, or municipality, or the City of Belgrade, after

having previously consulted the Commission.

The decision to develop an Urban Plan contains data on type of plan, geographic limits of

the plan, deadline for plan’s completion, and funds for plan’s preparation.

The program for Development of a Plan from article 45 of this law is an integral part of the decision referred to in paragraph 1 of this Article.

Article 47

By its decision on the Development of an Urban Plan elaboration, the relevant office of

the County may prohibit construction in the area covered by the plan, in whole or in part, during

the preparation of the plan, but for a period not longer than one year from the date of the adoption

of the decision to develop that Urban Plan.

Article 48

The proposal of the decision to develop urban plan and the program referred to in Article

45 of this Law shall be prepared by the relevant county administration in cooperation with the

Commission.

The relevant county administration may engage an enterprise referred to in Article 50 of

this Law for services referred to in paragraph 1 of this Article.

Upon a request by the county administration, the government agencies, organizations and

enterprises authorized by law to define specific criteria for construction of structures and

development of land covered by the plan, have an obligation to forward free of charge, within 30

days counting from the day the request was placed, all the necessary data and criteria for plan’s

preparation.



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Announcement of the Decision and Project awarding

Article 49

The decision on the development of the Urban Plan referred to in Article 46 of this Law

must be published.

Project awarding shall be conducted according to the specific law.

Development of Urban Plans

Article 50

Urban Plans may be made by enterprises or other legal entities registered in the

appropriate registry for carrying out activities of Urban Planning and development of Urban

Plans.

Urban Plan may also be developed by a firm or some other organization formed by the

county for carrying out the task of urban planning.

The Urban Planner in charge shall run the elaboration of Urban Plan.

The Urban Planner in Charge

Article 51

The Urban Planner in Charge may be a person with a corresponding university degree and

at least five years of related work experience, with professional results in development of Urban

Plans and other urban planning documentation, or with awards in competitions for urban

solutions, recommendations of at least two other responsible urban planners or the Engineering

Chamber, and passed professional exam.The professional results referred to in paragraph 2 of this Article are the results achieved

in management of or participation in development of at least two urban plans.

Urban Plan Control and Presentation to the Public

Expert Control

Article 52

Before submitting the proposed Urban Plan to the institution in charge of its adoption, theUrban Plan is subject to the professional control and is presented to the public.

The professional control that is carried out by the Commission encompasses verification

of appropriateness and feasibility of the proposed solution, verification of compatibility of the

Urban Plan with the law and other regulations adopted on the basis of the law, compatibility of

the plan with the county space plan, or Urban Plan of a settlement, urban standards and norms,

and the decision on the commencement of development of the Urban Plan.

In case that a county space plan has not been adopted, control of the compatibility of the

general plan with this Law and other planning documents shall be done by the commission

formed by the Minister in charge of urbanism. A report has to be made on the conducted

professional control and the control referred to paragraph 2 and 3 of this Article, containing data

on the findings with all the remarks and comments on each of the remarks.The report referred to in paragraph 4 of this Article is forwarded to the agent in charge of

the Urban Plan’s development, who shall act upon the comments within 30 days.



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Presentation to the Public

Article 53

Presentation of the plan to the public shall take place after the completion of both the

professional control and the procedure of responding to the comments, and before the proposal of

the Urban Plan is submitted to the institution in charge of its issuing. The presentation to the

public has to be announced in local daily newspaper, and shall last at least 15 and at no longer

than 30 days from the day of announcement.

Presentation to the public shall be conducted by the pertinent county administration.

Upon completion of the presentation to the public, the Commission shall create a report

containing data on the performed presentation, with all remarks and comments and position taken

on each of them.

The report referred to in paragraph 3 of this Article represents an integral part of the

explanation of the plan proposal.

The minister in charge of urban affairs shall prescribe in more detail the content, method

of development, method of exercising professional control of the urban plan, as well as

conditions and manner of the presentation of the plan to the public.

Urban Plan Adoption

Article 54

The Urban Plan shall be adopted by the county assembly, or the assembly of a city or the

city of Belgrade, upon obtaining opinion of the Commission.

The adopted Urban Plan must be accessible to the public.

The Minister in charge of urbanism shall prescribe in more detail the ways of access to

the adopted Urban Plan, as well as the manner of signing and sealing, forwarding, archiving,

copying and conceding the urban plan for fee.

Changes and Supplements to the Urban Plan

Article 55

Verification of solutions and determination of existence of a need to initiate modifying or

supplementing the Urban Plan is carried out by the institution in charge of its adoption, upon

expiration of deadline for which the mid-term program of development of construction land is

adopted, or at least each 4 years.

Modifying and supplementing the Urban Plan is carried out according to the way and procedure determined for its adoption.

Excerpt from an Urban Plan

Article 56

Upon a request of an interested party, the relevant city, or county administration, or the

Ministry issues an excerpt from the Urban Plan containing data on urban conditions for spatial

development determined by the Urban Plan.

The excerpt from the Urban Plan contains all the conditions and data necessary for the

development of a conceptual project, and in particular the regulation (sat-back) and constructionline and height restrictions and conditions.



20

The excerpt shall be issued within 8 days counting from the date the request is made, for a

fee that shall cover the actual cost of the issuing.

Act on zoning requirements

Article 57

For the purpose of construction of an object located in an area for which development of

an urban plan is not envisioned, and upon the request of an interested party, the relevant city, or

county administration, or the Ministry in charge of urbanism issues an act on zoning

requirements in accordance with the space plan.

For reconstruction of cultural assets and construction of objects in the zone of immobile

cultural assets or another immobile cultural good protected on the basis of normative act on the

protection of cultural assets, the act referred to in paragraph 1 of this Article shall be issued in

accordance with the conditions set forth by the relevant institution or organization in charge of

the protection of cultural artifacts.

A plan which contains the planned layout, height, volume and intended purpose of the

object shall be submitted along with the request referred to in paragraph 1 of this Article.The act referred to in paragraph 1 of this Article contains the construction rules,

regulation line and construction line, height restrictions, as well as possibilities and technical

conditions for traffic and communal infra-structure connections, as well as other conditions

prescribed by law.

The Act on zoning requirements shall be issued within 30 days from the day that the

request was submitted along with the compensation for actual expenses.

Article 58

The Act on zoning requirements for construction of structures referred to in Article 89,

paragraph 4 of this Law, in addition to the elements referred to in Article 57, paragraph 3 of thisLaw, contains the data on preparatory works referred to in Article 99, paragraph 2 of this Law,

that need to be completed.

The Act referred to in paragraph 3 of this Article for energetics related structures that

require an energetics license, is delivered in accordance with that license and the space plan.

The Minister in charge of urbanism prescribes the contents of the Act referred to in

paragraph 1 of this Article in more detail.

Article 59

Beside the request for the issuance of the Act on zoning conditions referred to in Article

58 of this Law, a situational plan shall also be submitted, which consists the planned disposition,height, variations in the floor plans, and the intended purpose of the structure.

A plan which contains the planned layout, height, volume and intended purpose of the

object, shall be submitted when applying for the act on zoning requirements referred to in Article

58 of this.

Article 60

The Minister in charge of urbanism shall prescribe in more details the general conditions

for land division into parcels and construction, as well as the contents, conditions and procedures

to follow when issuing the Act on zoning requirements for structures that require a construction

permit issued by the county or city administration.



21

Urban Project

Article 61

The urban project, when envisioned by a plan, is elaborated in accordance with the Urban

Plan for the purpose of division into parcels or rearrangement of parcels, as well as for the aim of

implementing the Urban Plan.

The urban project referred to in paragraph 1 of this Article is elaborated on the approved

topographic cadastral plan as an urban and architectural proposal of the intended construction,

and it contains:

1/ ground floor plan and site plan;

2/ conceptual architectural plan and landscaping plan;

3/ overall plan of communal infra-structure with connections to the external network;

4/ Site plan with traffic layout and proposed parcels;

5/ description, technical description and explanation of solutions from urban project.

The relevant county administration, having previously obtained the opinion by the

Commission, confirms that the urban project has been prepared in accordance with the Urban

Plan. Prior to approving the project the institution in charge organizes project’s presentation to

the public.

Article 62

The urban project may be developed by an enterprise or other legal person registered in

the appropriate registry for the preparation of Urban Plans and the preparation of technical

documentation.

The preparation of urban project shall be run by the urban planer in charge, who holds a

degree in architecture.

Construction Parcel

Article 63

A construction parcel is the smallest part of space covered by a plan that satisfies the

general conditions for construction prescribed by the plan and is intended for construction.

A construction parcel may be established on a peace of land which is designated for

development in the plan and which meets the conditions defined in development rules and

construction rules.

Correction of Boundaries

Article 64

Upon request of an interested party and with the consent of the landowner the correction

of boundaries of neighboring parcels shall be implemented according to the law, provided that

such change is in accordance with the conditions determined in the plan.

The expenses for correction of boundaries shall covered by the owners of cadastre parcels

to which the land has been added.

Parceling

Article 65

Several construction parcels may be established on one cadastre parcel in ways and under

conditions defined in urban project (in further text: parceling).



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Parceling is carried out upon request and at the expense of the owner of that cadastre

parcel.

Together with the request referred to in paragraph 2 from this Article, the proof of

ownership, approved urban project and a project of geodetic marks shall be submitted.

Re-parceling

Article 66

One or several construction parcels may be established on the cadastre parcels in ways

and under conditions specified in urban project (in further text: re-parceling).

Re-parceling shall be performed upon request and at the expense of the owner of that

cadastral parcel.

Along with the request from paragraph 2 of this Article, a proof of ownership, the

approved urban project and the project of geodetic marks shall be submitted.

IV CONSTRUCTION LAND

Concept

Article 67

Construction land is the land on which structures have been built and the land that serves

the regular use of these structures, as well as the land that, in accordance with the law, is

designated by the corresponding plan for construction of structures and their regular use.

Construction land is used according to its intended purpose and in a way that ensures its

rational use in accordance with law.

Types of construction land

Article 68

Construction land can be:

1/ public construction land;

2/ other construction land;

Public Construction Land

Article 69

The construction land on which public structures of common interest have been built and

public areas developed prior to the day when this Law comes to force, and which is owned by the

state, is public construction land.

For the purposes of this Law, public construction land is also the land which is, according

to the plan adopted in accordance with this Law, designated for construction of objects of general

interest and for public areas, and is in state ownership.



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Designating Public Construction Land

Article 70

Public construction land shall be designated by the counties’ general act in accordance

with this Law and the Urban Plan.

The Act that designates public construction land contains primarily a description of the

boundaries of the land declared as public construction land, name of the cadastral registry and a

list with numbers of cadastral parcels.

Before designating the public construction land referred to in Article 69 paragraph 1 of

this Law, the county shall adopt expropriation act, with the compensation paid according to the

law which regulates expropriation.

The county shall designate the construction land referred to in Article 69 paragraph 1 of

this Law as public construction land within the deadline of two years counting from the date

when this Law came to force.

If the county does not define the construction land within the deadline set in paragraph 4

of this Article, the Government of the Republic of Serbia shall define the boundaries of public

construction land.

The construction land referred to in Article 69 of this Law shall be designated as publicconstruction land by the county, after it has been acquired by the state in accordance with the

Law.

Public construction land can not be alienated from the state ownership.

Development of Public Construction Land

Article 71

Public construction land may be developed or undeveloped, constructed or non-

constructed.

County develops public construction land and takes care of its use according to theintention envisioned in the plan, in accordance with this Law.

Development of public construction land is carried out in accordance with the long-term,

mid-term and annual development programs.

Development of public construction land includes its preparing and equipping.

Minister in charge of urbanism and construction prescribes in more detail the contents

and manner of adopting the program for development of public construction land and other

construction land in state ownership.

Preparing and Equipping Public Construction Land

Article 72

Preparation of land implies research, preparation of surveying and other backgrounds,

preparation of plans and project documentation, working out a program for site development,

resettlement, removal of existing structures designated for demolition by the plan, soil recovery,

etc.

Equipping of land comprises construction of communal infra-structure and development

of public areas.

With the aim of securing the conditions for development, use, improvement and

protection of construction land, county may form a public company or other organization, or it

can ensure carrying out these operations in any other way, in accordance with county’s statute.



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Financing Development of Public Construction Land

Article 73

Financing development of public construction land is provided from the funds secured

from:

1. fees paid for leasing construction land;

2. dues paid for construction land development;

3. construction land usage fees;

4. other sources in accordance with law.

The resources obtained from the development and usage fees for construction land shall

be used for developing construction land and for constructing and maintaining objects of

communal infrastructure.

Compensation for Development of Construction Land

Article 74

Compensation for development of construction land shall be paid by the investor.

The amount of compensation for development of construction land shall be established by

a contract between the county or public company or other organization referred to in Article 72,

paragraph 3 of this Law and the investor, based on the criteria and standards defined by the

county.

The contract referred to in paragraph 2 of this Article regulate mutual relations regarding

development of construction land, amount of compensation for the development, payment

schedule, as well as the scope, structure and deadlines for execution of land development works.

Use of Construction Land

Article 75

Construction land is used as developed or non-developed.

Developed construction land is land improved with structures which are constructed

according to the law and are intended for permanent use.

Non-developed construction land is land on which:

1. no structures are erected;

2. existing structures were constructed contrary to the law;

3. temporary structures exist.

Temporary Leasing of Non-developed Public Construction Land

Article 76

County can, through public bidding or gathering of offers, temporarily lease non-

developed public construction land until its brought to its planed intended purpose.

The procedure, conditions, manner, as well as program of putting up non-constructed

public construction land for temporary lease, shall be regulated by the county.

The temporary lessee of non-constructed public construction land, is obliged to, prior to

entering into the lease contract, furnish the main project for erection and consequent demolition

of the temporary structure, with a demolition cost estimate. The funds equivalent to the amountfrom the approved demolition cost estimate shall be deposited with an authorized authority or

organization at the time temporary lease contract is concluded.



25

If the owner does not remove the structure before the deadline specified in the contract,

the demolition and the removal of debris shall be done by the county using the funds from the

deposit. Full deposit shall be returned to the owner if he removes the structure himself.

Public Construction Land usage fee

Article 77

The fee for using developed public construction land and other construction land in state

property shall be paid by the owner of the object.

As an exception, the fee referred to in paragraph 1 of this Article shall be paid by the

holder of the right to use the entire object or a part it, and when the object or a part of it are

leased, the fee shall be paid by the lessee of the object or part thereof.

The fee for the use of non-developed public construction land and other construction land

in state property shall be paid by the user.

The amount of the fee referred to in paragraph 1 and 2 of this Article shall be determined

depending on the scope and degree of land's development, its location in the settlement, access to

amenities, transportation connections to the local or city center, business areas and other significant places in the settlement and other benefits that the land offers to its users.

A more detailed criteria and standards for calculating the amount of the fee referred to in

paragraph 1 and 2 of this Article, as well as the manner of payment and payment deadlines, shall

be determined by the county.

Payment of the fee referred to in paragraphs 1 and 2 of this Article shall be enforced

according to the normative acts that regulate taxation procedures and taxation administration.

Article 78

The fee for use of other construction land which is not in state property shall be paid if

this land was improved with basic communal infrastructure (electrical network, water system,access road) using the resources of the county or other state resources.

The fee for the use of non-developed other construction land shall also be paid in the case

that this land is not put to its intended use, or if it is not offered to be bought off by the county for

the purpose of putting it to its intended use within two years from the day that the Urban Plan is

adopted.

The amount of fee referred to in paragraph 2 of this Article shall be determined in the

same way as the fee for developed construction land, in accordance with this Law.

Regarding the determination of the obligation to pay the fees referred to in paragraphs 1

and 2 of this Article, the measures, amounts, forms of payment, payment deadlines, as well as the

enforced collection of the fee, the provisions of Article 77 of this Law shall be applied.

Other Construction Land

Article 79

Other construction land is developed land, as well as land intended for construction of

structures in accordance with the law, which is not declared as public construction land.

Other construction land is transferable and may be in any type of ownership.

The land referred to in paragraph 1 of this Article that was legally declared as urban

construction land in state property prior to the day this Law came into force, shall remain in the

state property, unless determined otherwise by a special law.

For a part of land that was declared as urban construction land by a decision of a countyassembly, or a city assembly or the assembly of the city of Belgrade, and which, before the date

this Law came into force, had not been put to its intended use entirely or by large, but does not



26

constitute an urban and functional unity with public construction land – the regime of property

that existed before the decision on declaring that land as urban construction land came into force,

will be restituted upon request of the previous owner or his legal successor, under the conditions

and according to the procedures established by this Law.

The previous owner or his legal successor submits to the relevant county administration a

request for issuing a decision on the establishment of the property regime as referred to in

paragraph 4 of this Article, within a period of two years at the most, counting from the date that

the decision on declaring construction land as public construction land is issued.

The legally valid decision referred to in paragraph 5 of this Article satisfying the request

of the previous owner, represents a requirement for registering the corresponding change in the

public register for real estate and related rights.

Article 80

The county is responsible for rational use of other construction land and may bring

programs to develop that land, especially for the purpose of developing larger areas envisioned

by the regulation plan.

The county may acquire construction land, develop it, rent it or alienate it in accordance

with law.

Article 81

Non-developed other construction land in state ownership may be leased out, for the

purpose of construction, through public bidding or a gathering of offers by public advertising.

In the case referred to in paragraph 1 of this Article, land is leased out to the party who

offers the highest amount of rent for such land.

Non-developed other construction land may be given for lease by direct agreement in the

following cases:

1/ construction of structures for the purpose of carrying out the activities of state

administration and agencies, administration and agencies of autonomous provinces and of unitsof local self-government, and organizations in charge of public services who operate with state

funds and assets, as well as other state-owned structures;

2/ leasing the land to an owner of a structure who has constructed that structure without a

building permit, for the purposes of obtaining construction permission, if erecting such object is

in accordance with the provisions of the Urban Plan;

3/ correction of boundaries of adjacent cadastral or construction parcels.

Procedure, conditions, manner, as well as the program of leasing out non-developed other

construction land in state property are regulated by the municipality.

Article 82

A contract to lease out non-developed other construction land in state ownership shall be

concluded between the county or the company or other organization referred to in Article 72

paragraph 3 of this Law and the party to which the land is leased, within a deadline of 30 days

from the day the decision on leasing the land is adopted.

The contract from paragraph 1 of this Article contains particularly the data on the

construction parcel, the purpose and size of the structure, the amount of the rent, the duration of

the lease, deadline and method of paying the fee for the development of the land, deadline within

which the party to which the land is leased shall put the land to its designated use, as well as the

rights and obligations in the case that this obligation is not fulfilled.

If non-developed other construction land in state property is leased contrary to the

provisions of this Law, any participant either in public bidding or the gathering of offers whoconsiders his rights injured by this fact, may file a court suite for nullification of the contract,



27

within a deadline of 8 days from the day he learned of that contract, and at most within 60 days

from the day the contract was concluded.

Right to Use Other Construction Land

Article 83

Owners of structures erected on other construction land in state property before the date

that this Law enters into force, are entitled to utilize the existing construction parcels as long as

that structure exists.

Article 84

On non-developed other construction land in state property, the right to use belongs to the

previous owner or his legal successor, or to parties to whom the earlier owner has transferred that

right in accordance with law.

The previous owner referred to in paragraph 1 of this Article is the party which, according

to than existing regulations, was the subject property’s owner on the day the following laws wereenforced: Law on the Nationalization of Leased Buildings and Construction Land (Official

Gazette of FNRY, no. 52/58, 3/59, 24/59 and 24/61), Law on Designating Construction Land in

cities and townships (Official Gazette of SFRY, no. 5/68), and Law on Designating Construction

Land in cities and townships (Official Gazette of SRS, no. 32/68, 17/69, 29/69, 19/71, 16/72,

24/73 and 39/73).

Upon request for determination of the right referred to in paragraph 1 of this Article, the

decision shall be issued by the relevant county administration.

The right to use referred to in paragraph 1 of this Article is transferable.

Certification of the right to use transfer contract shall be done based on the legality of the

decision referred to in paragraph 3 of this Article.

Article 85

The previous owner who, before the day that this Law entered into force, acquired the

preferential right to build, and did not build that structure, may submit a request for the legally

valid decision to be annulled, in accordance with law, for the purposes of realizing the right

referred to in Article 84 of this Law.

Cessation of Right to Use Construction Land

Article 86.

Parties who have, before this Law came into force, received the right to use constructionland owned by the state in order to construct a structure on it, but who have not started

construction in accordance with the Law, and who the missed the deadline of three years from

receiving the land, will lose the right to use that land, if within a period of one year from the day

this Law came into force do not start construction and do not finish within a year.

Parties who have, before this Law came into force, received the right to use construction

land owned by the state in order to construct a structure on it, but who have not started

construction in accordance with the Law, and whose three-year deadline for construction has not

expired, will lose the right to use that land, if within a period of one year from the day this Law

came into force does not start said construction and does not finish within a year.

Parties who have, before this Law came into force, received the right to use construction

land owned by the state in order to construct a structure on it, and who have started constructionin accordance with the Law, will lose the right to use that land, if within a period of two years

from the day this Law came into force do not finish construction.



28

The parties referred to in paragraphs 1, 2 and 3 of this Article may continue to use the

land on the basis of the lease contract concluded in accordance with this Law.

Legal entities who, based on the decision of the relevant institution, have become users of

construction land in state ownership which is not put to its intended use by the day this Law came

into force, shall lose their right to use it, if through modification of planning documentation, the

intended use of the land has been significantly changed.

The provisions referred to in paragraphs 1, 2, and 3 of this Article are not applicable to

construction land which was awarded for the purposes of constructing residential and commercial

objects for resettlement, or for the needs of developing construction land designated for

construction of structures that, according to expropriation regulations, serve general interest.

Upon request of the previous owner or his legal successor, the decision to take away

urban construction land from his possession shall be nullified if the user of the urban construction

land does not put it to its intended use within a deadline of 1 year from the day this Law came

into force.

The decision on the cessation of the right to use the land in a case referred to in

paragraphs 1, 2, 3, and 5 of this Article shall be brought by the relevant city administration.

An appeal against a decision from paragraph 8 of this Article may be filed to the ministry

in charge of finances and economy within 15 days from the day the decision was delivered.

Ministry’s decision referred to in paragraph 9 of this Article is not subject toadministrative arbitration.

Article 87

Physical and legal persons who have become users of non-developed construction land in

state ownership by the day this Law comes into force, and for whom the right to use referred to in

Article 84 of this Law has not been determined, have the right to use that land until it is put to

intended purpose.

The cessation of the right to use is established by a decision of the relevant county

administration.

In case referred to in paragraph 2 of this Article, compensation for the right to use non-developed construction land that was taken away, shall be determined in accordance with

expropriation regulations.

V. CONSTRUCTION OF STRUCTURES

Construction approval

Article 88

Construction of a structure is done on the basis of a construction approval and per technical documentation for construction of that structure.

The technical documentation referred to in paragraph 1 of this Article is prepared in the

form of a general project, conceptual project, main project, execution project and as-built project.

Authority to Issue Construction approval

Article 89

The construction approval a structure is issued by the ministry in charge of construction

industry (in further text: the Ministry), unless prescribed otherwise by this Law.

Issuing construction approval structures specified in paragraph 4 of this Article is theresponsibility of an autonomous province if these structures are constructed entirely on the

territory of that autonomous province.



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Issuing construction approval structures that are not listed in paragraph 4 of this Article is

the responsibility of a county, a city, or the city of Belgrade.

The Ministry issues construction approval for:

1/ high dams and accumulations filled with water, dirt or ashes designated for technical

surveillance;

2/ nuclear structures and other structures that serve for generation of energy, nuclear fuel,

radio isotopes, radiation, stocking radio-active waste, scientific and research purposes;

3/ oil and natural gas production and processing facilities; international and other principal

oil and gas pipelines; gas pipelines with 16 bar working pressure if they pass through the territory

of at least two counties; oil, gas and oil derivatives storages of the capacity exceeding 500 tons;

and principal and regional heating pipelines.

4/ chemical industry production and processing facilities, ferrous and non-ferrous

metallurgy plants, leather and fur processing facilities, caoutchouc processing facilities, cellulose

and paper production facilities, and facilities for processing of non-metal minerals;

5/ hydro-electric power plants of 10 or more MVA, thermal power plants of 10 and more

MVA and electrical power lines and transformers of 110 KV or more;

6/ inter-regional and regional water supply facilities and sewers; urban water supply systems

and sewage systems as well as water filtration systems;7/ regulation works for flood protection of urban and rural areas larger than 300 ha;

8/ structures within the limits of national parks, cultural assets of national and international

significance and objects in their protected surroundings and other protected goods of national and

international significance, in accordance with law;

9/ plants and facilities for the removal of waste through incineration and chemical

procedures.

10/ structures for production, depositing and destroying hazardous materials and storing and

destroying harmful materials and waste that has characteristics of hazardous materials;

11/ airports for commercial air traffic;

12/ mechanized cargo and public passenger ports;

13/ principal and regional highways and transportation structures and ramps and access roadsto principal and regional highways;

14/ public railways infrastructure and connections;

15/ telecommunication structures within systems of international and regional importance and

structures that are being constructed on the territory of two or more counties, including central

capacities;

16/ regulation work on navigation corridors;

17/ navigable canals and ship locks that are not part of an hydro-energetics system;

Article 90

Construction of objects or the performance of individual works may be initiated without previously acquiring construction approval, if the object is built immediately before or during a

natural disaster, as well as for the purpose of removing the harmful consequences of these

disasters or events immediately after they occurred, or in the case of war or immediate threat of

war.

The objects referred to in paragraph 1 of this Article may remain as permanent objects if

the investor obtains a construction approval within a deadline of six months from the cessation of

circumstances that have prompted its construction.



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Request for Issuing Construction approval

Article 91

Together with the application for construction approval the following should be

submitted:

1/ excerpt from the Urban Plan or Act on zoning conditions, not older then six months;

2/ conceptual project, in compliance with the excerpt or act referred to in point 1 of this

paragraph;

3/ proof of ownership, or leasehold rights to the construction land, or property rights in an

object, or right to use of non-developed construction land, and decision referred to in Article 84

of this Law;

4/ other proofs specified in the Urban Plan or Act on zoning conditions;

A report of the auditing commission referred to in Article 110 of this Law should be also

presented along with the request referred to in paragraph 1 of this Law, in case of structures for

which the construction approval is issued by the Ministry or an autonomous province.

Conceptual Project

Article 92

A conceptual project contains, especially: a site plan, drawings defining the geometry of

the object (floor plans, typical cross sections, elevations), intended use, specifications and the

estimated construction cost of the structure.

Site Plan

Article 93

The site plan includes:

1/ lengths of all sides of the construction parcel;

2/ topographic plan of the existing land and a grading plan

3/ regulation and construction lines, layout and number of floors of the structure;

4/ position and numbers of adjacent cadastral parcels and buildings, and a street name.

Contents of a Construction approval

Article 94

A construction approval contains primarily, data on: the structure for which the

permission is being issued, documentation on the basis of which the construction approval is

issued and documentation that needs to be prepared before beginning the construction works, i.e.

building the structure; duration of the construction approval, as well as other data.

The construction approval is issued through a writ within 15 days from the date of

submitting the application for a construction approval. The conceptual project and the excerpt

from urban plan or act on zoning requirements are constituent parts of the decision.

The Minister in charge of construction defines in more detail the contents and the modes

of issuing a construction approval.



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Article 95

Complaints regarding county administration decisions based on this Law shall be filed

with the Ministry.

An autonomous province shall be hearing the appeals against first-degree decisions

regarding construction of structures erected on the territory of that autonomous province.

The city of Belgrade shall be in charge of hearing the appeals against first-degree

decisions regarding construction and reconstruction of structures not exceeding 800 m2 gross

building area, and conversion of common building area into residential or business space, on the

territory of the city of Belgrade.

Duration of a Construction approval

Article 96

The validity of a construction approval ceases if the construction i.e. execution of works,

does not commence within two years counting from the day the construction approval became

legal.

Construction of Structures and Execution of Works

for which Construction approval is not required

Article 97

Construction of auxiliary structures, substantial improvements of objects, or removal of

obstacles for the handicapped are carried out per Conceptual Project.

Adaptation and recovery of structures are carried out per Main Project.

Construction of structures and execution of works referred to in paragraphs 1 and 2 of this

Article are carried out on the basis of a notice.The ongoing maintenance of an object is performed on the bases of a notice submitted

together with list of works.

The Conceptual Project and/or the Main Project as well as the proof of ownership or right

to use the object shall be submitted along with the notice referred to in paragraph 3 of this

Article.

Regarding the works from paragraphs 1 and 2 of this Article on objects of cultural and/or

historical significance and objects for whom conservation requirements need to be defined prior

to renovation or reconstruction, the consent to the conceptual or main project issued by the office

or organization in charge of protection of cultural assets shall be submitted.

A change of the intended use of an object or a part of it, that does not require

construction, is done on the basis of a notice.The notice referred to in paragraphs 3, 4, and 7 of this Article shall be verified by an

office in charge of issuing construction approval, within seven days.

If the office in charge of issuing permissions to build determines that the notice is not

accompanied with required documents, or if the change of the intended use of the object referred

to in paragraph 7 of this Article is contrary to urban plan, or that the works stated in the notice

require construction approval, the office shall inform the investors without delay at most within

seven days from the day the notice was submitted.



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Installation of Prefabricated Structures

Article 98

The installation of smaller prefabricated structures on public surfaces (kiosks, summer

terraces, movable sail boots, etc.) are controlled and regulated by a county, or a city, or the city

of Belgrade.

Preparation of technical documentation for the installation of structures referred to in

paragraph 1 of this Article is not subject to the requirements set forth in this Law.

Preliminary Works

Article 99

Before starting preparation of technical documentation for construction of a structure for

which the construction approval is issued by the Ministry, or the autonomous province,

preliminary works have to be done, and on the basis of their results a preliminary feasibility

study and a feasibility study.

Depending on the kind and characteristics of the structure, the preliminary works includethe following: research, analysis, preparation of projects and other expert materials; collection of

data for analyzing geological, geo-technical, geodetic, hydrological, meteorological, urban,

technical, technological, economic, energetic, seismic, water-economy and transportation

conditions; fire protection conditions, environmental protection and other conditions relevant for

the construction and use of the said structure.

Preliminary Feasibility Study

Article 100

A preliminary Feasibility Study contains a General Project.A general Project contains, especially, data on: macro-location of the structure, general

layout of the structure; technical and technological concept of the structure; modes of securing

the infrastructure; possible space and technical schemes from the aspect of accommodation to

the existing location; natural conditions; estimate of the impact on the environment; research for

design development; protection of natural and immobile cultural assets; workability and

rationality of the solution.

Feasibility Study

Article 101

A Feasibility Study also includes the Conceptual Project.

The Conceptual Project referred to in paragraph 1 of this Article, besides the data referred

to in Article 90 of this Law, contains in the first place data on : micro-location of the structure,

technical, technological and exploitation characteristics of the structure, preliminary structural

calculations, foundation plan, construction means and methods, measures for elimination or

reduction of negative environmental impacts, concept of infrastructure, comparative analysis of

optional technical solutions from the point of view of the characteristics of the location and the

soil, workability, stability, estimate of environmental impact, natural and immobile cultural

assets, rationality of construction and exploitation, level of expenditures for the construction,

transportation, maintenance, securing of energy and other expenditures.



33

Permission for Elaboration of Preliminary Feasibility Study and

Feasibility Study

Article 102

The preparation of the Preliminary Feasibility Study and the Feasibility Study may be

carried out by an enterprise or another legal entity registered in an appropriate registry for

performing the activities of designing and engineering, and fulfills the requirements regarding

expert staff and other requirements defined for enterprises that specialize in preparation of

technical documentation for that type of structure.

Technical Documentation

The Main Project

Article 103

The Main Project is developed in accordance with the construction approval for the needs

of constructing the structure.The Main Project contains especially:

1/ data on geo-technical and other necessary research work;

2/ elaboration of technical and technological characteristics of the structure with the

equipment and installations;

3/ Structural plans and calculations of stability and safety of a structure;

4/ data on necessary geodetic works

5/ foundation plan;

6/ technical solution of infrastructure with all connections and site improvements;

7/ measures for protection of adjacent structure;

8/ quantity takeouts and preliminary estimate

Upon the request of the investor, the authorized enterprise or authorized organization is

obligated to submit all technical and other data needed for connecting the object to infrastructure,

not later then fifteen days from the day of applying.

Construction Documents

Article 104

Construction Documents shall be prepared for the needs of the actual construction if the

Main Project does not contain details required for the construction process.

As-built Drawings

Article 105

The As-built Drawings shall be prepared for the needs of obtaining the occupancy permit,

for using and maintaining the structure.

The As-built Drawings shall be prepared for all structures that require a construction

approval according to the provisions of this Law.

The As-built Drawings is equivalent to the Main Project with the changes created during

the construction of the structure, and are in accordance with the construction approval.



34

If the construction of a structure was done strictly according to the Main Project, the

investor and the contractor confirm and certify on the Main Project that the structure upon

completion corresponds fully to that project.

Article 106

The minister in charge of construction specifies in more detail methodology and

procedures for realization of projects for construction of the structures referred to in Article 89,

paragraph 4 of this Law, contents and scope of preliminary works, contents and methods of

conducting the Preliminary Feasibility Study, Feasibility Study and technical documentation, as

well as the requirements for planning and designing structures for the disabled persons.

Preparation of Technical Documentation

Article 107

Technical documentation for construction of structures may be prepared by an enterprise,

office or other legal entity registered in the appropriate registry for preparation of technical

documentation.Technical documentation for the construction of a structure for which the construction

approval is issued by a Ministry or autonomous province, may be prepared by an enterprise or

other legal entity registered in the appropriate registry for preparation of technical documentation

for that type of structures and who employs persons with the corresponding professional license

and required professional results in preparation of technical documentation for structures of that

type and use.

It is considered that a person possesses the professional results referred to in paragraph 2

of this Article if it has prepared or participated in preparation of technical documentation that

was used for construction of structures of the same type and use.

The Minister in charge of construction shall establish whether the conditions referred toin paragraph 2 of this Article have been fulfilled, upon the proposal of an expert commission

formed under his authority.

Upon the proposal of the commission referred to in paragraph 4 of this Article, the

Minister in charge of construction shall issue a decision on cessation of validity of the act on

fulfillment of conditions (license), if it is determined through subsequent verification that the

enterprise or said legal entity does not meet the conditions prescribed in paragraph 2 of this

Article, as well as in the case when it is determined through subsequent verification that the said

license was issued on the basis of false data.

Technical documentation is signed by the project engineer.

The cost of verification of conditions from paragraph 4 of this Article shall be borne by

the party filing the request.The amount of the fee from paragraph 7 of this Article shall be set by the Minister in

charge of construction.

The Minister in charge of construction shall prescribe in more detail the means, methods

and contents of the data for establishing fulfillment of the conditions from paragraph 4 of this

Article, as well as for revoking the license.

Article 108

A person employed in an enterprise in charge of establishing any of the conditions that

serve as a basis for preparing technical documentation, cannot participate in the preparation of

technical documentation.A person supervising the observance of provisions of this Law, cannot participate in the

preparation of technical documentation.



35

A utility company may prepare technical documentation for structures that will be used

for its own activities.

Technical documentation concerning measures undertaken to provide technical protection

of an immobile cultural asset may be prepared by an organization that carries out the activities of

protection of cultural assets.

Project Engineer

Article 109

Project engineer may be a person with appropriate university degree or specialization and

a corresponding license.

The project engineer’s license may be obtained by a person with adequate university

degree or specialization and who has successfully passed the professional exam and has at least

three years of work experience and professional results in the preparation of technical

documentation and who possesses recommendations from at least two other licensed project

engineers or the Chamber of Engineers. The professional results for a project engineer from paragraph 1 of this Article refer to the

results achieved in management and preparation or cooperation in the preparation of at least two

projects.

Project Revision

Article 110

General Project and Conceptual Project, Preliminary Feasibility Study and Feasibility

Study for structures referred to in paragraph 4, Article 89 of this Law, are subject to revision

(professional control) by a commission that shall be formed by the Minister in charge of construction (in further text: Revision Commission).

The Revision Commission for the professional control referred to in paragraph 1 of this

Article, regarding structures referred to in Article 89, paragraph 4, points 7, 8, 10, 11, 12, 13 and

14 of this Law, shall be formed by the Minister in charge of construction upon the proposal of the

ministry in of transportation and telecommunications.

The professional control shall verify the concept of the structure from the point of view

of: suitability of the Site in relation to the type and intended use of the structure; conditions for

constructing the structure; environmental protection measures; seismic, geological, transport and

other conditions; securing of energy sources in relation to the planned energy types, technical and

technological characteristics of the structure, technical, technological and organizationalsolutions for constructing the structure, and the sophistication of technical solutions and their

compatibility with development programs in that area, and with other prescribed conditions

regarding structure construction.

The Revision Commission shall submit to the investor a report with the proposal of

measures that the investor has to apply during preparation of the Main Project regarding the

solution from paragraph 3 of this Article.

The revision expenditures are borne by the investor.

The Minister shall determine the amount of expenditures referred to in paragraph 4 of this

Article.



36

Technical Control

Article 111

The Main Project is subject to technical control.

Technical control of the Main Project may be carried out by an enterprise or other legal

entity that fulfills the conditions for preparation of technical documentation prescribed by the

law, and is designated by the investor.

Technical control of the Main Project cannot be carried out by the project engineer who is

employed by the enterprise that has developed that project, or the enterprise that is acting as the

investor.

Technical control of the Main Project comprises: verification of project’s compatibility

with the results of preliminary researches (preliminary works), assessment of the adequate

conditions for building foundations, verification of correctness and accuracy of applied technical

and technological solutions and construction means and methods; stability and safety; rationality

of recommended materials, impact on the environment and adjacent structures; compatibility

with the law and other regulations, technical norms, standards and quality norms, as well as level

of coordination of technical documentation.

Technical control of the Main Project for construction of the structure referred to inArticle 89, paragraph 4 of this Law, also encompasses the verification of compatibility with the

proposal of measures presented in the report of the Revision Commission.

If changes of technical regulations, standards and quality norms are enacted before the

beginning of the construction of the structure, the Main Project shall be changed to reflect these

changes and will be subject to technical control again.

The expenditures for technical control of the Main Project are borne by the investor.

Technical Documentation, prepared in accordance with the regulations of other countries

is subject to technical control that verifies its compatibility with the law and other regulations,

standards, technical norms and quality norms.

Upon completion of the technical control of the Main Project, a report is prepared and

signed by the project engineer, while the correctness of the Main Project is confirmed (signedand sealed) on the project itself.

The report on the technical control that has been carried out shall be submitted to the

chamber of engineers.

The Minister in charge of construction shall determine in more detail the conditions,

modes and procedures for technical control of the technical documentation.

Keeping Technical Documentation

Article 112

The organ in charge of issuing the construction approval permanently keeps one originalof the documentation that served as a basis for issuing construction approval, and/or technical

documentation for constructing the structure.

Construction

Preliminary Works

Article 113

If the preliminary works are carried out before the beginning of construction (the works

that precede the construction of a structure and are related in the first place to: construction andinstallation of temporary auxiliary structures for the needs of construction works, securing the

space for unloading and storing construction materials and other works that ensure the safety of



37

adjacent objects, consolidation of space and providing unobstructed circulation of traffic and use

of adjacent spaces), the investor has an obligation to report these works to the relevant county

office.

Along with this notice, the project of preliminary works and the construction approval are

also submitted.

The office referred to in paragraph 1 of this Article shall confirm on the preliminary

works project the receipt of documentation and proofs submitted together with the notice of

preliminary works.

The preliminary works project is subject to technical control.

An enterprise or other legal person, entitled to elaborate the technical documentation for

construction of a structure according to the provisions of this Law, may also elaborate the

preliminary works project.

The investor has an obligation to report the beginning of execution of works referred to in

paragraph 1 of this Article to the office that has issued the construction approval as well.

Notice of the Start of Construction

Article 114

The investor shall inform the office in charge of issuing construction approval, within a

period of eight days before beginning the construction, name of the contractor, construction start

date and completion target date.

Along with the notice referred to in paragraph 1 of this Article, the investor shall submit

the main project with a confirmation of and a report on the completed technical control,

construction approval, proof of payment of compensation for the development of construction

land, and proof that the administrative fee has been paid.

The office referred to in paragraph 1 of this Article, shall confirm (sign and seal) on the

main project, that it has received the documentation, within eight days of the receipt.

If the office in charge of issuing construction approval determines that the required

documentation has not been submitted along with the notice on the start of construction, it shallinform the investor about that without delay, and no later than within eight days from the day of

filing the notice.

The notice from paragraph 1 of this Article or the objects referred to in Article 89,

paragraph 4, points 11 through 17, of this Law shall be submitted to the ministry in charge of

transportation and telecommunications, along with the confirmation referred to in paragraph 3 of

this Article.

The office referred to in paragraph 5 of this Article shall confirm (sign and seal) on the

main project, within eight days from the day of receipt, that it has received the documents

referred to in paragraph 2 of this Article.

The investor shall also report to the county office in charge of inspection, that the

construction of the structure referred to in Article 89 has started.The minister in charge of construction prescribes in more detail the contents of the notice

of the start of the construction.

Preparations for Construction

Article 115

Before the beginning of construction, and in accordance with the regulations regarding

surveying, the investor shall ensure that the construction parcel and the regulation, leveling and

construction lines are properly marked; that a sign is placed in front of the construction site

presenting the structure that is being constructed and containing data on the structure beingerected, project engineer, construction approval, contractor, construction start date and deadline

for completion of construction works.



38

If several contractors are engaged in the construction of a structure and related

construction works, the investor shall determine which contractor shall be the holder of the rights

and obligations of The Contractor according to the provisions of this Law.

Contractor

Article 116

Construction of a structure and related construction works may be managed by an

enterprise, or other legal entity registered in the appropriate registry for constructing such objects

or performing such works (hereinafter: the contractor).

Construction of structure and related construction works referred to in Article 89

paragraph 4 of this Law may be managed by an enterprise or another legal entity registered in the

appropriate registry for constructing such objects or performing such works, which employs persons who are licensed construction managers and posses the appropriate professional results.

It is considered that an enterprise has the professional results referred to in paragraph 2 of

this Article if it has constructed or participated in constructing a structure of that type and use, or

in performing that type of works.

Fulfillment of the conditions referred to in paragraph 2 of this Article shall be established

by the Minister upon proposal of the expert commission formed on his initiative.

The cost of verification of conditions from paragraph 4 of this Article shall be borne by

the party filing the request.

The amount of the fee from paragraph 5 of this Article shall be set by the Minister in

charge of construction.

The Minister in charge of construction shall prescribe in more detail the means, methodsand contents of the data for establishing fulfillment of the conditions from paragraph 4 of this

Article, as well as for revoking the license.

Construction Manager

Article 117

Construction Manager runs construction of structures and related construction works.

Construction Manager may be a person with the appropriate university degree and a

license for performing construction works.

A license for Construction Manager may be obtained by a person with the appropriateuniversity degree or specialization who has successfully passed the professional exam and has at

least three years of work experience, with professional results in construction of structures and

recommendations by at least two Construction Managers or the Chamber of Engineers.

The professional results in construction of structures as referred to in paragraph 3 of this

Article are results realized in management of construction or cooperation in construction of at

least two structures.

A person with a high school degree or associate degree, and who has successfully passed

technical exam, may manage construction of residential and auxiliary structures for his own

needs and for the needs of his household members, as well as certain construction works

(installations, finish works, site and grading, etc.).



39

Obligations of Contractor and Construction Manager

Article 118

The contractor shall:

1. sign the main project certified in accordance with Article 113 of this Law, before

beginning the construction.

2. officially designate the Construction Manager on that construction site.

3. furnish the construction contract and documents on the basis of which the object is

constructed.

The contractor shall inform the office which issued the construction approval as well as the

county administration on whose territory the object is constructed, about completion of the

foundations.

The contractor shall, along with the information referred to in paragraph 2 of this Article,

submit a geodetic survey of the completed foundations in accordance with the regulations that

regulate geodetic works.

The contractor shall warn the investor in writing, and if necessary the office supervising

the application of the provisions of this Law, about the shortcomings in the technical

documentation and about the occurrence of any unexpected circumstances that influence thework performance and application of technical documentation (changes in the technical

regulations, standards and quality norms after carrying out the technical control, the appearance

of archeological sites, the activation of landslides, appearance of underground water etc.).

The office in charge shall, within a delay of three days counting from the date of

receiving the information referred to in paragraph 2 of this Article, carry complete the control of

compatibility of the constructed foundations with the main project, and shall issue a written

statement.

The Construction Manager shall:

1/ perform works according to the documentation on the basis of which the construction

approval was issued, in accordance with the main project, and the regulations, standards,

technical norms and quality standards applicable for the particular kind of works, installationsand equipment;

2/ organize the construction site in a way that will enable access to the Site, undisturbed

traffic, and protection of the environment during the whole period of construction.

3/ secure the safety of the structure, the persons on the construction site, and the

surroundings (adjacent objects and traffic facilities);

4/ provide evidence on the quality of the performed works and of the installed material,

installations and equipment;

5/ keep a construction journal and inspection book;

6/ provide measurements and surveying of the soil and structure movements during

construction;

7/ secure the objects and the surroundings in case of work interruption;8/ make sure that the construction contract, act on designation of the Construction Manager

for that construction site, the Main project and the documentation based on which the structure is

constructed, are available on the premises.

The Minister in charge of construction regulates in more detail the content and manner of

keeping the inspection book and the construction journal.

Deviation from the Project

Article 119

If, during the construction of a structure, because of unpredictable changes incircumstances, becomes necessary to depart from the documentation on the basis of which the

construction approval was issued, or from the main project, the investor shall obtain a



40

construction approval according to the altered documentation or shall change the main project,

with a certification of the relevant office that it has received this main project.

Any departures from the position, dimensions, use and shape of the structure determined

in the construction approval or the technical documentation, is considered as a deviation as

referred to in paragraph 1 of this Article.

Expert Supervision

Article 120

The investor shall provide expert supervision during construction of a structure and/or

performing works for which the construction approval has been issued.

The expert supervision comprises: verifying if the construction proceeds in accordance

with the construction approval and the main project; control and verification of the quality of

work as well as conformity to the applicable codes, standards and technical norms; verification of the quality certificates of materials, equipment and installations installed; instructing the

contractor; cooperation with the project engineer in order to provide the details of construction

means and methods, and resolving other issues that come up during the construction.

The expert supervision may be performed by a person who meets the conditions set by

this Law to be project engineer or construction manager.

The expert supervision on a given structure may not be performed by the persons

employed on the enterprise or other legal party acting as a contractor on that job site, persons

who perform inspection and persons who take part in the process of issuing construction approval

within the relevant office.

The Minister in charge of construction defines in more detail the manner and procedure of

performing expert supervision during construction of objects.

Technical Inspection of a Structure

Article 121

Suitability of a structure for use shall be determined through technical inspection.

Technical inspection of a structure is done upon completion of construction of the

structure i.e. of all the works specified in the construction approval and defined in the main

project, or upon completion of a part of the structure for which an occupancy permit may be

issued in accordance with this Law.

Upon request by the investor, technical inspection may also be carried out simultaneouslywith the construction process, if it would not be possible to verify the actual condition of certain

parts of the structure after its completion.

Technical inspection includes control of compatibility of as-built conditions with the

construction approval and technical documentation on the basis of which the structure was

constructed, as well as with the technical regulations and standards applicable to certain trades or

materials, equipment and installations.

Commission for Technical Inspection

Article 122

Technical inspection of the structures referred to in Article 89, paragraph 4 of this Law is

carried out either by a commission formed by the Minister in charge of construction, or by an



41

enterprise or other organization registered in the appropriate registry for these works, assigned to

perform that work.

The technical inspection of structures referred to in Article 89, paragraph 4, points 11

through 17, of this Law shall be carried out by a commission formed by the Minister in charge of

construction upon proposal from the ministry of transportation and telecommunications, or an

enterprise or other organization registered in the appropriate registry for these works. assigned to

perform these works.

Technical inspection of structures for which the construction approval was issued by the

relevant office of an autonomous province shall be carried out by a commission that by that

office, or an enterprise or other organization which is authorized to carry out these works and

registered in the appropriate registry for carrying out these works.

Technical inspection of structures for which the construction approval was issued by the

relevant office of a county or city administration is carried out by a commission formed by that

administration, or an enterprise or other organization which is assigned to carry out these works,

and that is registered in the appropriate registry for carrying out these works.

Technical inspection of a structure shall be provided by the investor in accordance with

this Law.

The expenses of the technical inspection shall be borne by the investor.

Article 123

A person fulfilling conditions prescribed by this Law for project engineer or construction

manager for that kind of works, may participate in carrying out technical inspection.

Persons employed in an enterprise or other legal entity that has prepared the technical

documentation or was acting as a contractor for the investor, persons who were in charge of

expert supervision or persons who carry out inspection, and persons engaged in issuing

permissions to build by the office in charge cannot participate in carrying out technical

inspection.

Technical inspection of a structure or a part thereof cannot be carried out, and a structureor its part cannot be approved for use if that structure or its part was constructed without a

construction approval and without a main project.

Probate Occupancy

Article 124

If it is necessary, for the purpose of establishing suitability of a structure for use, to carry

out preliminary investigations and verification of installations, devices, machinery, stability or

safety of structure, devices and equipment for environmental protection or other verifications, or

if that was envisioned in the technical documentation, the Commission in charge of technicalinspection may propose to the relevant office to approve probate occupancy, on condition that it

is established that the requirements for it are satisfied

The act on approval of a structure to function under probation establishes the period of

probation that cannot be longer than one year, as well as the obligation of the investor to follow

the results of probation work and to submit to the relevant office - upon expiration of probation

period - the data on the results of the probate occupancy.

Technical Inspection Commission, or an enterprise or other organization assigned to carry

out these works, shall verify during the probation period whether the requirements necessary for

issuing occupancy permit were met, and shall, upon expiration of the probation period, submit its

report to the office in charge of issuing occupancy permits.



42

Occupancy permit

Article 125

Structures may be utilized upon obtaining occupancy permit.

The office competent for issuing construction approval issues the occupancy permit

within seven days counting from the date of receiving the Commission’s findings, which have

established the structure to be suitable for use.

For structures referred to in Article 89 paragraph 4, points 11 through 17 of this Law, the

occupancy permit shall be issued by the ministry in charge of transportation and

telecommunications.

Occupancy permit shall be issued for the whole structure or for a part thereof that

represents a technical and technological unity and, as such, can be utilized independently, or

when a separate construction approval has been issued for the construction of that part of a

structure.

Occupancy permit shall be issued when it is established that the structure or its part is

suitable for use.

Occupancy permit also contains the length of guarantees for the structure itself and for

individual types of works, as stipulated by special regulations.A structure is suitable for use: if it is constructed in accordance with the construction

approval and technical documentation that served as the basis for construction, if evidence of the

required quality of works and materials, installations and equipment is provided by an authorized

organization, if a survey of the structure has been provided and if other prescribed conditions

have been fulfilled.

Upon the investor’s request, the office in charge of issuing permissions to build may form

an expert commission for continuous tracking of the results of soil and structure movements.

The Minister in charge of construction shall regulate in more detail the contents, modes of

carrying out technical inspections, issuance of construction approval, inspection of soil and

structure during the construction and use, and minimal deadlines for certain types of objects or

works.

Maintenance of Structures

Article 126

The owner of the structure for which an occupancy permit has been issued, shall be in

charge of both improvements and regular maintenance of the structure, as well as the scheduled,

exceptional and special inspections of the structure, in accordance with specific regulations.

Article 127

A structure being built, or that one that has been built without a construction approval and

a main project, can not be connected to electrical, thermo-energetic or telecommunications

networks, water lines and sewers.



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VI. PROFESSIONAL EXAMINATION AND LICENSES FOR PLANNER IN CHARGE,

URBAN PLANNER IN CHARGE, PROJECT

ENGINEER AND CONSTRUCTION MANAGER

Article 128

Professional examination that represents a condition for carrying out certain activities

prescribed by this Law, shall be taken before a commission formed by the Minister in charge of

urbanism and construction.

The Minister in charge of urbanism and construction specifies in more detail the

conditions, program and modes of taking the professional exam referred to in paragraph 1 of this

Article.

Article 129

The Chamber of Engineers shall issue licenses for the Urban Planner in charge, project

engineer and contractor, as well as for the planner in charge, in accordance with the Law.

The expenses of issuing the license from paragraph 1 of this Article are covered by theapplicant.

The issued license may be revoked through an official act if it is determined that the

authorized person performs unprofessionally and incompetently the functions covered by that

license.

A complaint may be addressed to the Minister in charge of urbanism and construction

against the decision referred to in paragraphs 1 and 3 of this Article.

The Minister in charge of construction shall specify in more detail the conditions and

procedures for issuing and revoking the license, as referred to in paragraph 1 of this Article.

VII THE CHAMBER OF ENGINEERS

Article 130

The Serbian Chamber of Engineers (in further text: The Chamber) is

established with the goals to improve conditions for carrying professional

activities in the field of space and urban planning, design and building of

structures, as well as other fields that affect planning and construction; for

protection of common and individual interest in performing work in these areas;

for organizing related services and achieving other objectives.

Members of Chamber are architectural, structural, civil, mechanical, electrical,

transportation and other engineers, as well as graduated space planners, who hold a license

referred to in Article 129, paragraph 1 of this Law.The Chamber is a legal entity with headquarters in Belgrade.

Article 131

The Chamber carries out the following functions:

1/ establishes professional rights and duties and ethical norms of its members’ behavior in

carrying out duties of preparation of Urban Plans, designing and construction;

2/ Establishes fulfillment of conditions for issuing a license for planner in charge, Urban

Planner in charge, project engineer and construction manager, in accordance with the provisionsof this Law;



44

3/ checks compatibility of issued licenses with other countries’ regulations;

4/ keep a record of the persons referred to in point 2 of this Article;

5/ organizes courts of honor for determination violations of professional standards and

norms (professional responsibility), as well as for sanctioning these violations;

6/ carries out other tasks in accordance with the law and Statute.

The organization and ways of conducting its business referred to in paragraph 1 of this

Article are regulated more precisely by the Statute and general acts of the Chamber;

The ministry in charge of urbanism and construction gives an approval to the Statute and

the general acts of the Chamber, after having obtained an opinion of the autonomous province’s

secretariat for urbanism and construction.

Article 132

The Chamber’s administration is made up of: Assembly, Managing Board, Supervisory

Board and the President.The Chamber is organized in parent sections for space planners, urban planners, project

designers, and construction managers.

The activity of a parent section is managed by its Executive Board.

The Managing Board is made up of the president, the vice-president, three representatives

of the ministry in charge of urbanism and construction and the presidents of executive boards of

the parent sections.

The number, composition, authorities and method of electing its officers referred to in

paragraphs 1, 2, 3 and 4 of this Article are determined in the Statute of the Chamber.

Article 133

The Chamber obtains the funds necessary for its functioning from membership fees,

compensation for determination of fulfillment of conditions for Urban Planners in charge, project

engineers, construction managers and space planners in charge, from grants, sponsorships, gifts

and other sources, in accordance wit the law.

The Chamber sets the amounts paid for the membership and foe compensation for issuing

the license from paragraph 111 of this Article, after previously obtaining the approval from the

minister in charge of construction.

Supervision of the legality of work of the Chamber is carried out by the ministry in

charge of urbanism and construction.

VIII DEMOLITION OF STRUCTURES

Article 134

County or city authorities shall order or approve by a decree, in the course of performing

its official duties, or upon request of an interested party, demolition of a structure which has, due

to dilapidation or larger damages, been diagnosed to have lost its structural stability so that it

poses a direct danger to people’s life and health, to the adjacent structures and to the safety of

traffic.

The decision referred to in paragraph 1 of this Article may be carried out if the issue of

providing accommodation for the structure users is resolved beforehand, unless in case when thedemolition of the structure is approved upon request from the owner or the person authorized to

dispose of the structure who is utilizing that structure.



45

An appeal against the decision on the demolition of the structure does not stop the

execution of the decision.

The county Assembly or the City Assembly arranges and provides conditions and

measures that need to be secured and taken during the demolition of a structure that poses a

direct danger to people’s life and health, to the adjacent buildings and to the safety of traffic.

Article 135

If the county or city administration established that a direct danger to people’s life and

health, to the adjacent structures and to the safety of traffic, can also be eliminated through

reconstructing a structure, it shall inform the owner or the person authorized to dispose of the

structure about it, so that necessary measures can be taken, in accordance with the law.

The decision that approves reconstruction of a structure referred to in paragraph 1 of this

Article specifies the deadline for completion of the reconstruction works.

If reconstruction of a structure is not completed before deadline, the county or city

administration shall order, or approve by a decree, in the course of official duty or upon request

of an interested party, the demolition of that structure.

Article 136

The demolition of a structure referred to in Articles 134 and 135 of this Law, may be

carried out by an enterprise or an office or another legal entity registered in the appropriate

registry for constructing such objects or performing such works.

If demolition of an object or structure, which is being constructed or whose construction

was completed without construction approval and without main project, is administered by the

county or the city, it may be performed, at the expense of the investor, by an enterprise or office

or another legal entity registered in the appropriate registry for constructing such objects or

performing such works.

The demolition of the structures referred to in paragraph 1 and 2 of this Article ismanaged by the construction manager.

IX SUPERVISION

Inspection surveillance

Article 137

Supervision over the implementation of the provisions of this Law and the regulations

based on it, is carried out by the ministry in charge of urbanism and construction.Inspection surveillance is conducted by the ministry through inspectors within the scope

of its authority as defined by the law.

An autonomous province is assigned with carrying out the inspection surveillance in the

area of urbanism on the territory of that autonomous province, over the construction of structures

for which the construction approval is issued on the basis of this Law.

A county or a city or the city of Belgrade is assigned to carry out inspection surveillance

over construction of structures for which they issue construction approval, on the basis of this

Law.

The duties of urban inspector can be carried out by a person holding a bachelor’s degree

in architecture or structural engineering, with at least three years of professional experience and a

successfully passed professional exam, and other requirements prescribed by law.The duties of construction inspector can be carried out by a person holding a bachelor’s

degree in structural engineering or architecture with at least three years of professional



46

experience and a successfully passed professional exam, and who meets other requirements

prescribed by law. The duties of inspection surveillance assigned to the county by this Law, may

be carried out by a person with associate degree in structural engineering or architecture, at least

three years of professional experience, a successfully passed professional exam, and who meets

other requirements prescribed by law.

The minister of urbanism and construction specifies in more detail the form and contents

of urban, construction and surveying inspector identification cards.

Rights and Duties of Urban Inspector

Article 138

While carrying out inspection surveillance, an Urban Inspector verifies:

1/ whether an enterprise or other legal entity that develops Space and Urban Plans or carries

out other tasks defined in this Law, fulfills the prescribed conditions;

2/ if the plan that refers to organization, planning and development of space is developed

and adopted in conformity with the law and regulations adopted on the basis of that law;

3/ if the act on the urban conditions, excerpt from the Urban Plan, or the urban project are prepared and issued in accordance with this Law;

4/ if the conceptual project on the basis of which the construction approval has been issued

was prepared in accordance with the excerpt from the Urban Plan, the Urban Plan or the Act on

zoning conditions;

5/ if the changes of the space conditions are implemented in accordance with this Law and

the regulations adopted on the basis of the law;

An enterprise or other legal entity that develops Space and Urban Plans or carries out

other tasks defined in this Law, an enterprise or a person that implements changes the space, the

relevant county or city administration have the obligation to enable the urban inspector to have

complete and undisturbed insight into the available documentation.

Authority of Urban Inspector

Article 139

In the course of conducting inspection surveillance, an urban inspector is authorized to

take the following measures:

1/ if he establishes that an enterprise or other organization developing a Space or Urban Plan

does not fulfill the conditions prescribed by law, he will prohibit by a decree, further

development of that Space or Urban Plan;

2/ to order by a decree, the county or city administration to annul, within a deadline not

exceeding 15 days, the Act on zoning conditions, excerpt from the Urban Plan, or the urban project, if he establishes that they have not been prepared in accordance with the law or the plan.

3/ to initiate the procedure for withdrawing the construction approval, citing the findings of

the official inspection, if he establishes that the conceptual project, based on which the

construction approval was issued, had not been developed in accordance with the Urban Plan or

the Act on zoning conditions,

4/ to inform the relevant office or the relevant inspector and to undertake other measures

which he is authorized to take, if he establishes that the changes in space are not implemented in

accordance with this Law and the regulations adopted on the basis of the law.

5/ to inform the organ in charge of adopting Space or Urban Plan, and to propose to the

minister in charge of urbanism to initiate a process of establishing the legality of the plan, if he

concludes that it has not been adopted in accordance with the law, or that the procedures throughwhich it was adopted were not followed as prescribed by the law.



47

6/ to immediately inform the minister in charge or urbanism, if he establishes that the office

in charge of adopting the Urban Plan has not, within the prescribed timeframe, delivered the

Space or Urban Plan, or made a decision designating the parts of the Urban Plan that do not

contradict the provisions of this Law and the plans adopted on the basis of this Law.

In case referred to in paragraph 1, point 1 of this Article, an enterprise or an organization

or other legal entity may continue to develop the urban planning documentation upon eliminating

the discovered shortcomings, informing in writing the inspector who has issued the decree

prohibiting further developing of that documentation that the corrections have been made, and

receiving the inspector’s approval.

Rights and Obligations of Construction Inspector

Article 140

While carrying out inspection surveillance, a construction inspector verifies:

1/ if an enterprise or other legal entity, or an office that is constructing a structure, or a

person in charge of expert supervision, or persons in charge of specific tasks in designing or

constructing the structure, fulfill the prescribed conditions;

2/ if a construction approval was issued for the structure that is being constructed and for related works;

3/ if the beginning of constructing the structure and performing related works have been

reported in the prescribed manner;

4/ if the construction site was marked in the prescribed manner;

5/ if the structure is being constructed according to the construction approval and the main

project;

6/ if workmanship and materials, equipment and installations that are being used are

compatible with the law and prescribed standards, technical norms and quality norms;

7/ if the contractor has taken safety measures regarding the structure itself and adjacent

structures, traffic, surroundings and environmental protection;

8/ if there are any shortcomings on the structure being constructed that imperil the safety of its use and its surroundings;

9/ if the contractor is keeping, in the prescribed manner, the construction journal and the

inspection book;

10/ if the prescribed surveying and maintenance of the structure are conducted during its

construction and use;

11/ if an occupancy permit was issued for the structure in use;

12/ if the occupancy permit was issued in the prescribed manner;

13/ carries out other duties prescribed by the law and regulations adopted on the basis of the

law;

Construction inspector is authorized to oversee the use of a structure and to undertakemeasures if he establishes that the use of the structure imperils life and health of people, safety of

surrounding area and the environment or that its use other than for the intended purpose imperils

stability and safety of the structure;

Authority of Construction Inspector

Demolition

Article 141

In the course of conducting inspection surveillance, a construction inspector is authorized to takethe following measures:



48

1/ to order, by a decree, demolition of the structure, if the object is being constructed or its

construction has been completed without construction approval and without prior announcement

of the beginning of construction of that structure and related works, or without the main project;

2/ to order, by a decree, the suspension of works and to set a deadline not longer than 30

days for getting a new construction approval or for changing the existing main project, if the

structure is not being constructed according to the construction approval and the Main Project,

and if the investor does not, within the prescribed deadline, obtain a construction approval or

does not change the main project, to order, by a decree, demolition of the structure or the part

thereof;

3/ to order, by a decree, demolition of the structure or the part thereof, if the construction

and related works continue after the suspension of works.

Suspension of Works

Article 142

If, in carrying out the inspection surveillance, the construction inspector establishes that:

1/ during the construction, measures are not implemented to safeguard the structure, the

traffic, the surroundings and to protect the environment protection, he shall order, by a decree,

the Investor and/or the Contractor, to undertake measures for elimination of these shortcomings

within a given deadline and shall suspend further execution of works until these measures are

implemented, under a threat of imposed implementation at the expense of the Investor or the

Contractor;

2/ the executed works or materials, equipment and installations used do not comply with the

law and the prescribed standards, technical norms and quality norms, he shall suspend further

execution of works, until the described shortcomings are removed;

3/ the construction site was not marked in the prescribed manner, or the written statement

confirming that the foundations were constructed in conformity to the main project, he shall

order, by a decree, suspension of works and will set a deadline, not longer than three days, for

elimination of the described shortcomings.

Prohibition

Article 143

If, in carrying out the inspection surveillance, the construction inspector establishes that:

1/ an enterprise or other organization or a person assigned to carry out expert supervision

over the construction of a structure and related works, does not fulfill the prescribed conditions,

he will prohibit, by a decree, continuation of works, until the conditions are met;

2/ there are shortcomings on a structure under construction or one already completed, and

that they represent eminent danger to the stability and safety of the structure and its surroundings

and for life and health of people, he will prohibit, by a decree, the use of the structure or a part of it until the shortcomings are eliminated;



49

3/ a structure for which a construction approval was issued is used without the occupancy

permit, he shall order to the Investor to provide the occupancy permit within a specified

timeframe not shorter that 30 days or longer that 90 days, and if the Investor does not provide it

within the given deadline, he shall bring a decision prohibiting the use of the structure;

4/ the use of a structure provokes danger for life and health of people, for the safety of

surrounding area or environment, he will order execution of necessary works or will prohibit the

use of the structure or its part;

Order

Article 144

If, in carrying out the inspection surveillance, the construction inspector establishes that

during the construction or use of the structure, the prescribed surveillance and maintenance of the

structure are not being carried out he will issue a decision ordering the Investor and the

Contractor or the User of the structure, to eliminate the recorded shortcomings.

Article 145

The decree referred to in Articles 139, 141, 142, and 143 paragraphs 1 and 2, of this Law,

shall be submitted to the Chamber by the urban or construction inspector.

Article 146

In the process of issuing a decree or an order as referred to in Articles 141, 142, 143 and

144 a delivery shall be considered valid when it is handed to the Investor or the Contractor, or

when it is delivered to the address of the Investor or the Contractor, or attached to the Investor’s

or Contractor’s door, or delivered to the Investor’s of Contractor’s facility, or attached to the

structure under construction or in use, accompanied by inspector’s note on the date, time and

place of delivery.The inspector establishes the cases referred to in Articles 141, 142, 143 and 144 through a

note on the decree or the order and confirms by his signature. The note shall include all the

relevant data on the date, place and type of structure as well as the names of the Investor and the

Contractor if known and if not the action shall be taken against the unknown person. Appearance

of the Investor or the Contractor at a later time, or any change on that side, does not interrupt the

procedure nor do they extend the deadlines.

Article 147

A complaint may be filed against the Construction Inspector’s decree within 15 days from

the date of receipt of the decree.An autonomous province is authorized to adjudicate the complaint against the decree

brought in the process of the inspection surveillance in the field of construction of objects being

erected on its territory.

The complaint against the decree referred to in paragraph 1 of this Article does not stop

the implementation of the decree.

Article 148

If, while conducting inspection surveillance, a survey inspector establishes that the data

from urban and other plans and project are used on the construction site in a manner contrary to

the law, he shall issue a decree ordering measures to be taken for elimination of theshortcomings, and he shall inform the construction or urban inspector on this fact.



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X. PUNITIVE PROVISIONS

Criminal Code Offences

Article 149

An entrepreneur who is a contractor or a responsible person within legal entity acting as a

contractor on a structure being constructed without construction approval and the main project,

shall be penalized for that criminal act by imprisonment of up to one year (Article 88).

A physical person who is the investor or a responsible person within legal entity acting as

the investor of the structure being constructed without construction approval and without the

main project, shall be penalized for that criminal act by imprisonment of up to three years

(Article 88).

Article 150

A physical person who connects, or a responsible person within a legal entity who

permits connecting a structure being built or completed without construction approval andwithout the main project, to the electrical or telecommunication networks, water service and

sewer, shall be penalized for that criminal act by imprisonment of up to three years (Article 88).

Civil Code Offences

Article 151

An enterprise or other legal entity acting as investor will be penalized for a Civil Code

offence by a fine of 50.000 to 450.000 dinars, if he:

1/ assigns preparation of technical documentation to an enterprise or other organization thatdoes not meet the prescribed requirements. (Article 107);

2/ assigns control of technical documentation to a person that does not meet the prescribed

requirements (Article 111);

3/ does not secure expert supervision over construction of a structure (Article 120);

4/ continues with execution of works even after issuing a decision on their suspension

(Article 142.);

A responsible person within an enterprise or other organization or other legal entity acting

as investor shall also be penalized for the Civil Code offence referred to in paragraph 1 of thisArticle, by a fine ranging from 10.000 to 30.000 dinars.

Article 152

An enterprise or other legal entity constructing a structure shall be penalized for a Civil

Code offence by a fine ranging between 50.000 and 450.000 dinars if he:

1/ constructs a structure without a construction approval and the main project or executes

works contrary to the technical documentation on the basis of which the structure is being

constructed (Article 88).

2/ acts contrary to the provision of Act 118, points 1 through 6 of this law;



51

3/ continues to construct the structure after the decree ordering cessation of construction

works (Article 142);

A responsible person within an enterprise or other legal entity that is constructing or

executing works shall be penalized for the Civil Code offence from paragraph 1 of this Article by

a fine ranging from 10.000 to 30.000 dinars.

Violations

Article 153

An enterprise or other legal entity authorized to define special conditions for construction

of structures development of space and to provide technical data for connecting to infrastructure,

shall be penalized for the violation by a fine ranging between 50.000 and 400.000 dinars if it

does not provide, within the prescribed deadline, the necessary data and conditions for the

development of an Urban Plan (Article 48, 103, 169).

A responsible person within an enterprise or other legal entity shall be penalized for the

violation referred to in paragraph 1 of this Article, by a fine ranging between 10.000 and 20.000

dinars.

Article 154

An enterprise or other legal entity which creates urban planning documentation or carries

out other works determined by this Law shall be penalized for the violation by a fine ranging

from 50.000 to 400.000 dinars if it does not enable the urban inspector to have a complete and

unobstructed insight into the available documentation (Article 138).

A responsible person within an enterprise or other legal entity shall be penalized for the

violation referred to in paragraph 1 of this Article, by a fine ranging between 10.000 and 20.000

dinars.

Article 155

An enterprise or other organization or other legal entity constructing a structure shall be

penalized for the violation by a fine ranging from 10.000 to 400.000 dinars if it:

1/ does not nominate a person to manage the construction of a structure and related works or

if he nominates a person who does not meet the prescribed conditions (Article 117 and 118);

2/ does not keep the construction journal (Article 118);

3/ does not inform the relevant office on the completion of construction of the foundations

(Article 118);

4/ does not warn, in writing, the Investor or a person carrying out supervision over

implementation of the provisions of this Law, of the shortcomings in the technical documentation

(Article 118);

A responsible person in the enterprise or other legal entity constructing the structure will

be penalized for the violation referred to in paragraph 1 of this Article by a fine ranging between

5.000 and 20.000 dinars.



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Article 156

A responsible official in a relevant administrative office shall be penalized to pay the fine

ranging from 5.000 to 20.000 dinars or by imprisonment of up to 30 days if he:

1/ does not furnish, within a prescribed timeframe, the data and the conditions needed for

development of an urban plan (Article 48);

2/ issues a construction approval contrary to this Law and to the regulations adopted on the

basis of this Law (Article 94);

3/ Does not confirm the receipt of the documentation and/or the proofs submitted along with

the information on the beginning of construction, by making an official note on the main project

within a prescribed time (Article 114).

4/ issues an occupancy permit contrary to the regulations (Article 125);

5/ does not issue an excerpt from an urban plan, an act on urban planning conditions,

construction approval, or a usage permit within prescribed timeframe (Articles 56, 57, 94 and

125);

6/ does not undertake the prescribed measures in carrying out the inspection surveillance

(Articles 138 and 139);

7/ does not enable an urban inspector to have a complete and unobstructed insight into theavailable documentation (Article 138 and 140);

8/ does not inform the owner of the structure about the conditions for the issuing construction

approval (Article 160);

8/ Does not inform the owner of the structure about the requirements for issuing the

construction approval (Article 160);

9/ Does not organize a presentation to the public of an urban project (Article 61).

For a repeated violation referred to in paragraph 1 of this Article or when an offence was

committed out of material interest, the offender will be both fined and imprisoned for up to 30

days.

Article 157

An inspector who, in the cases referred to in Articles 140, 141, 142, 143, and 144 does

not issue a decree or does not issue an order within the prescribed timeframe, in no case longer

than seven days from the day of learning about the cases from Articles 140, 141, 142, 143, and

144, shall be fined by an amount not smaller than 10.000 dinars nor greater than 20.000 dinars.

For a repeated offence referred to in paragraph 1 of this Article or when an offence was

committed out of material interest, the offender will be both fined and imprisoned for up to 30

days.

Article 158

A citizen who continues building or using a structure upon receiving a decree on

cessation of construction works or prohibition of its use, will be penalized for this violation by a

fine ranging from 5.000 to 20.000 dinars or by an imprisonment of up to 30 days (Article 142 and

143).

For a repeated offence referred to in paragraph 1 of this Article or when an offence was

committed out of material interest, the offender will be both fined and imprisoned up to 30 days.

Article 159

A person who has established an office and engages in the activity of preparation of

technical documentation and execution of works contrary to the provisions of this Law (Article107), shall be penalized by a fine ranging from 5.000 to 20.000 dinars.



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XI TRANSITIONAL AND FINAL PROVISIONS

Article 160

The owner of an object constructed or reconstructed without a building permit is obliged

to report to the county or the city administration the said object whose construction or

reconstruction was completed without a building permit, within 6 months from the day this Law

came into force,

With the report referred to in paragraph 1 of this Article the following shall be submitted:

1. proof of the ownership or leasehold rights in the construction land, or the ownership of

the structure, or the right to use non-developed construction land, and a decision referred to in

Article 84 of his Law

2. geodetic survey with a graphic representation of the parcel, structures and the area of the

structures.

After expiration of the deadline referred to in paragraph 1 of this Article, the county or

the city administration, within a timeframe not longer than 60 days, shall inform the owner of the

structure on the conditions required for issuing a construction approval, and/or the documents he

has to submit along with the request.

Article 161

The owner of a structure constructed or reconstructed without a building permit shall

within 60 days from receiving the notice referred to in Article 160 of this Law submit the

following along with an application for construction approval:

1/ As-built drawings;

2/ Proof of the property or the leasehold rights in the construction land, or property rights in

the structure, or the right to use non-developed construction land and a decision referred to in

Article 84 of this Law;3/ Evidence of the settlement of mutual relationship with the office or organization in charge

of developing construction land;

When the county or the city administration determines that the structure already in use, or

the structure constructed without a building permit meets the prescribed conditions for using or

erecting the structure, the construction approval and occupancy permit can be granted with one

official document.

Article 162

If the owner of a structure that has been constructed or reconstructed without a

construction permit does not report the structure prior to the prescribed deadline or does notapply for the construction approval within the timeframe referred to in Article 159 of this Law,

the relevant county or city administration shall make a decision to demolish the structure or a part

of it.

Article 163

If the owner of a structure that has been constructed without a building permit or used

without occupancy permit does not obtain construction approval or occupancy permit within 30

days from the expiration of the deadline referred to in Article 159 of this Law, he shall pay the

fee for the use of construction land in the amount hundredfold the one that the county would

prescribe by the act for the use of construction land on which it was constructed had it had aconstruction permit or a construction approval, the ownership right registered in the public books

according to special regulations, and the occupancy permit.



54

Article 164

If the county or the city administration issues a decision to demolish the structure referred

to in Article 162 of this Law, the owner of the structure built without a construction permit shall

pay a fee for the use of the construction land referred to in Article 163 of this Law, from the day

the decision was issued until the day of demolition of the structure.

Article 165

Enterprises and other legal persons conducting a business that require special conditions

according to this Law, shall adjust their operations according to the provisions of this Law within

a one year counting from the date this Law comes into force.

Persons who have successfully passed the professional exam confirming their

professional competence for work on jobs defined in this Law according to the regulations that

were in force at the time when they took the examination, as well as persons who obtained the

right to perform certain jobs by these regulations, fulfill the conditions prescribed by this Law to

perform these jobs provided they also fulfill other prescribed conditions.

Article 166

The Agency shall begin to function within three months from the date of this Law comes

into force, at the latest.

At the first day of its official business, the Agency takes over the employees and the

nominees in the Ministry of Urbanism and Construction (Institute for Space Planning and

Urbanism) who are engaged in the activities from the field of the Agency’s authority, active

files, archives, and other technical documents related to the domain of the Agency’s activities, as

well as equipment, office tools and other materials used by the Ministry for carrying out the

specified work.

Article 167

The President and members of the Council and the Supervisory Board, as well as the

Director of the Agency shall be nominated by the Government of the Republic of Serbia within

30 days from the date this Law comes into force.

The Agency’s Council shall adopt the Statute of the Agency within 30 days from the date

of its appointment.

Article 168

The Space Plan of the Republic of Serbia shall be applied until the adoption of the Space

Development Strategy of the Republic of Serbia.

Counties shall adopt temporary construction rules within 6 months from the effective date

this Law, pending the adoption of an Urban Plan.

Pending the adoption of general conditions for parceling and construction, the Procedures

on General Rules of Urban Regulation and Parceling will be used ("Official Gazette of the

Republic of Serbia", No. 37/98);

Pending the adoption of temporary rules of construction referred to in paragraph 2 of this

Article, the consent determined by special laws as a requirement for issuing construction

approvals shall be obtained, in the course of its official duties, by an office in charge of issuing

Construction approvals, at the investor’s expense.



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Article 169

The urban plans adopted prior the day this Law comes into force, are applied in parts that

are not contrary to the provisions of this Law and to the plans adopted on the basis of this Law.

The office in charge of adopting the urban plan shall make a decision designating the

parts of the Urban Plan referred to in paragraph 1 of this Article within six months counting from

the date this Law comes into force.

The Act on zoning conditions referred to in Article 57 of this Law, shall be issued in

conformity with the Urban Plan adopted prior to the effective date of this Law, until the deadline

for the adoption of new Urban Plan expires. The requirements for the connections to the traffic

and other communal infrastructure shall be obtained ex officio by the office in charge of issuing

construction approvals, at the investor’s expense.

The plan, for which the relevant office does not issue the decision from paragraph 2 of

this Article prior to the prescribed deadline, shall cease to be valid.

The offices and organizations in charge of issuing the consent referred to in Article 168

paragraph 4 of this Law and in paragraph 3 of this Article shall issue such consents within 30

days from the date the application for their issuance was made.

Article 170

A county, a city or the city of Belgrade shall adopt a space plan or an Urban Plan within

18 months counting from the date this Law came into force.

Upon the expiration of the deadline referred to in paragraph 1 of this Article, the ministry

in charge of urbanism will secure development of the plan referred to in paragraph 1 of this

Article at the expense of the county, the city or the city of Belgrade.

The procedure for development and adoption of a space and/or an Urban Plan initiated

before the effective date of this Law shall continue in accordance with the provisions of this Law.

Article 171

Ruling on the applications for building permits, occupancy permits and on the other

requests for resolving the issues of individual rights and obligations, submitted prior to the

effective date of this Law, will continue in accordance with the regulations that were in effect

prior to the date this Law came into force.

Article 172

The Chamber shall start functioning within 90 days at the latest, counting from the date

this Law came into force.

The preparations for the commencement of the Chamber’s operations shall be made by

the ministry in charge of urbanism and construction.

Article 173

Pending the beginning of the Chamber’s operations, the licenses for Urban Planers in

charge, Project Engineers and Contractors, as well as for Space Planners, shall be issued by the

minister in charge of urbanism and construction, in the way and under conditions prescribed by

this Law, whereby recommendations for issuing licenses are given by persons who have

professional achievements in managing corresponding activities.

The professional achievements referred to in paragraph 1 of this Article include

management of development of at least four Urban Plans, or four Space Plans, or at least four

main projects according to which structures of the corresponding type and use have been made,or the construction of at least four structures of the corresponding type and use.



Article 174

As of the effective date of this Law, the provisions of laws and regulations that are

contradictory to this Law shall not be applicable any more in the process of issuing construction

approvals and occupancy permits.

Article 175

As of the effective date of this Law, the following shall no longer be valid:

1/ Law on Construction of Structures (‘Official Gazette of the Republic of Serbia’, no.

44/95, 24/96, 16/97 and 43/01);

2/ Law on Planning and Development of Space and Settlement (‘Official Gazette of the

Republic of Serbia’, no. 44/95, 23/96, 16/97 and 46/98);

3/ Law on Construction Land (‘Official Gazette of the Republic of Serbia’, nos. 44/95,

16/97);

4/ Law on Special requirements for Issuing Building and Occupancy permits for Certain

Structures (‘Official Gazette of the Republic of Serbia’, no. 16/97);

5/ the provision of Article 11 paragraph 2 of the Law on the Ministries ("Official Gazette of RS", no.27/2002).

Pending the adoption of regulations based on the authorizations referred to in this Law,

the regulations issued on the basis of the Laws which cease to be valid on the effective date of

this Law shall be applied, if they are not in contradiction with this Law.

Article 176

This Law shall come into force on the eighth day upon its publication in the “Official

Gazette of the Republic of Serbia”.