I INTRODUCTORY PROVISIONS

Article 1

This Law regulates the conditions, procedure and manner of legalization of buildings, or parts of buildings constructed without a building permit, or approval for construction (hereinafter: illegally constructed buildings), the conditions, manner and procedure for issuing a decision on legalization, the legal consequences of legalization, as well as other issues of importance for the legalization of buildings.

The provision of paragraph 1 of this Article also applies to auxiliary and other buildings that serve the function of the main building (garages, storage rooms, septic tanks, wells, swimming pools, water tanks, etc.) or are in the function of carrying out a technological process in the building, which are considered an integral part of the illegally constructed main building and are legalized together with the main building, in accordance with this Law.

The provision of paragraph 1 of this Article also applies to facilities, or works performed in accordance with Article 145 of the Law on Planning and Construction (“Official Gazette of the Republic of Serbia”, No. 72/09, 81/09 – correction, 64/10 – US, 24/11, 121/12, 42/13 – US, 50/13 – US, 98/13 – US, 132/14 and 145/14).

The provision of paragraph 1 of this Article also applies to underground lines (underground installations), as well as to overhead lines (overhead installations), if they represent independent facilities in terms of technical characteristics and position.

Article 2

Legalization, within the meaning of this Law, represents a public interest for the Republic of Serbia.

Article 3

The subject of legalization, within the meaning of this Law, is a facility that has been completed in terms of construction.

By way of exception to the provision of paragraph 1 of this Article, when the subject of legalization is a building, the subject of legalization may also be a building on which only structural construction works have been carried out (foundation, reinforced concrete or steel columns with beams, or reinforced concrete ceiling, roof structure), with or without a completed facade.

The degree of completion of the building for other buildings that are the subject of legalization is determined depending on the type and purpose of the building.

Article 4

This Law shall not apply to buildings that were built without a building permit, or a construction permit, in accordance with regulations that did not prescribe the obligation to obtain a building permit, or a construction permit, at the time of construction, in accordance with regulations governing the registration of property rights to real estate.

This Law shall not apply to buildings for which, in accordance with previously valid regulations, a temporary construction permit was issued. The owner of such a building shall acquire the right to register the right of ownership by obtaining a decision on a use permit, within the meaning of the law governing the construction of buildings. The competent authority for issuing a use permit shall be obliged to issue a decision on a use permit at the request of the owner of such a facility. The issued use permit is a document suitable for registration within the meaning of the law regulating state surveying and cadastre.

This law does not apply to facilities for which a decision on a building permit has been issued, but which are used without a decision on a use permit. The decision on a use permit is obtained in accordance with the law regulating the construction of facilities, and the technical inspection commission, when determining the suitability of the facility for use, determines this fact on the basis of the issued building permit and the main project, based on the regulations in force at the time of issuing the building permit.

By way of exception to paragraph 3 of this Article, if a decision on a building permit has been issued in the legalization procedure, but not a decision on a use permit, such procedure shall be terminated in accordance with the provisions of this law, i.e. the competent authority shall issue a decision on legalization, without carrying out the procedure prescribed by this law.

If, during the legalization procedure, the applicant has regulated relations with the local self-government unit in accordance with the provisions of the law that was applied at that time, but the competent authority has not subsequently issued a building permit by the date of entry into force of this law, the local self-government unit is obliged to refund the funds paid to that person.

This law does not apply to facilities that are considered military facilities within the meaning of the law regulating defense, or to facilities that are considered mining facilities, plants and devices within the meaning of the law regulating mining.

II CONDITIONS FOR LEGALIZATION

Article 5

The subject of legislation cannot be an object:

built or reconstructed on land unfavorable for construction (landslides, marshland, etc.);
built or reconstructed from materials that do not ensure the durability and safety of the building;
built on public purpose areas, i.e. on land planned for the arrangement or construction of public purpose facilities for which, in accordance with the provisions of a special law, the public interest is determined and which are in mandatory public ownership in accordance with the provisions of other special laws;
built in the first and second degree of natural property protection (except for cottages and other family holiday facilities in the second degree of natural property protection), i.e. in the protection zone of cultural property of exceptional importance and the protection zone of cultural property entered in the List of World Cultural Heritage, i.e. works on the cultural property itself of exceptional importance or a property inscribed in the World Cultural Heritage List, built in sanitary protection zones of water supply sources, built in a military complex and protective zones around military complexes and special-purpose infrastructure facilities, i.e. built, reconstructed or extended contrary to the defense regulations, which prescribe special obligations for the construction of facilities, as well as other facilities built in protective zones in accordance with the provisions of special laws (in the protective zone: roads, railways, transmission lines, watercourses, runways, as well as other protective zones in accordance with the provisions of special laws);
built in a protective zone along the route of the radio corridor, in the direction of propagation of directed radio signals between radio stations, in which the construction or installation of other radio stations, antenna systems or other objects that may interfere with the propagation of radio signals or cause harmful interference is not allowed.
As an exception to the provisions of paragraph 1, point 1) of this article, the competent authority will issue a decision on legalization, if appropriate evidence is obtained in the procedure that the facility is stable, that it does not threaten the stability of the terrain and neighboring facilities. The stability of the building and the threat to the stability of the terrain and neighboring buildings are determined on the basis of reports, graphic attachments of the planning document with marked areas – soil that is unfavorable for construction, engineering-geological reports and other evidence on the basis of which this fact can be established.

As an exception to the provisions of paragraph 1, item 3) and 4) of this article, the competent authority will issue a decision on legalization, if the consent of the manager of the public property, or the consent of the organization responsible for the protection of natural or cultural assets, is obtained in the procedure.

The object of the legalization cannot be an object for which the competent authority, in accordance with the previously valid regulations governing the legalization of objects, issued a decision rejecting the request for legalization, which is legally binding in the administrative procedure.

As an exception to the provision from paragraph 1 of this article, if the decision rejecting the request for legalization has become final, the planning document has been changed or the request has been rejected for reasons that are otherwise prescribed by this law and are more favorable to the owner of the illegally built object, the competent authority states this fact and continues the legalization procedure in accordance with this law.

Article 6

The object of the legalization is the object for which a request for legalization was submitted in accordance with the previously valid law that regulated the legalization of objects until January 29, 2014.

The object of the legislation is also a building built on the basis of a construction permit, i.e. approval for construction and a confirmed master project, on which, during the execution of works, there was a deviation from the issued construction permit, i.e. approval for construction and a confirmed master project.

Requests and applications for legalization submitted by January 29, 2014 are considered requests in the sense of this law.

The object of the legislation is also an object for which no application for legalization was submitted in accordance with the previously valid law regulating the legalization of objects, and which is visible on the satellite image of the territory of the Republic of Serbia from 2015, under the conditions prescribed by this law.

The satellite image from paragraph 4 of this article must be available for inspection by citizens in electronic form on the website of the ministry responsible for construction affairs.

The list and record of illegally built buildings from paragraph 4 of this article is carried out by the local self-government unit.

The object of the legislation is also the object for which a request was submitted in accordance with the Law on special conditions for the registration of property rights on objects built without a building permit (“Official Gazette of RS”, no. 25/13 and 145/14), for which the procedure is not legally binding ended.

The object of the legislation is also the object on which the ownership right is registered in accordance with the Law on special conditions for the registration of ownership rights on objects built without a building permit, under the conditions prescribed by this law.

Article 6

The subject of legalization is a facility for which a request for legalization was submitted in accordance with the previously valid law regulating the legalization of facilities, until January 29, 2014.

The subject of legalization is also a facility constructed on the basis of a building permit, or construction approval and a confirmed main project, on which the issued building permit, or construction approval and confirmed main project were deviated from during the execution of works.

Requests and applications for legalization submitted by January 29, 2014 are considered requests within the meaning of this law.

The subject of legalization is also a facility for which a request for legalization was not submitted in accordance with the previously valid law regulating the legalization of facilities, and which is visible on a satellite image of the territory of the Republic of Serbia from 2015, under the conditions prescribed by this law.

The satellite image referred to in paragraph 4 of this Article must be available for citizens to view in electronic form on the website of the ministry responsible for construction affairs.

The inventory and records of illegally constructed buildings referred to in paragraph 4 of this Article shall be carried out by the local self-government unit.

The object of legalization shall also be the building for which a request has been submitted in accordance with the Law on Special Conditions for Registration of Ownership Rights to Buildings Built Without a Building Permit (“Official Gazette of the Republic of Serbia”, No. 25/13 and 145/14), for which the procedure has not been finalized.

The object of legalization shall also be the building for which the ownership right has been registered in accordance with the Law on Special Conditions for Registration of Ownership Rights to Buildings Built Without a Building Permit, under the conditions prescribed by this Law.

Article 7

The inventory of illegally constructed buildings referred to in Article 6, paragraph 4 of this Law shall be carried out according to the inventory program by zones, or units, which shall be adopted by the head of the municipal or city administration at the proposal of the construction inspection.

The inventory program shall contain the zones and the dynamics of the inventory by zones.

In order to more efficiently carry out the inventory of illegally constructed buildings, the local self-government unit may establish commissions for the inventory of illegally constructed buildings, as an auxiliary working body. The composition and method of work of the commission shall be regulated by the local self-government unit. The composition of the commission may include persons employed in the local self-government unit or employed in legal entities founded by the local self-government unit, as well as other persons with relevant professions.

The recording of illegally constructed buildings shall be carried out on a form – an individual inventory list, the content of which shall be prescribed by the minister responsible for construction affairs.

The inventory program by zones or units with the dynamics of the inventory shall be public and shall be published on the official website of the local self-government unit.

Upon completion of the inventory of illegally constructed buildings from one zone or unit, the competent construction inspector shall issue individual decisions on the demolition of the building, for all illegally constructed buildings on the inventory.

The decision on the demolition of the building referred to in paragraph 6 of this Article shall be issued by the construction inspector within seven days from the date of recording in accordance with this Law and shall be submitted to the authority competent for issuing the legalization decision (hereinafter referred to as: the competent authority) within three days.

The decision referred to in paragraph 7 of this Article shall not be enforced until the legalization procedure has been finally concluded.

Upon receipt of the decision referred to in paragraph 7 of this Article, the competent authority shall ex officio initiate the legalization procedure in accordance with this Law.

Facilities that are determined not to exist, or are not visible on the satellite image referred to in Article 6, paragraph 4 of this Law, shall not be subject to legalization, and the competent construction inspector shall issue a demolition decision for those facilities, which shall be enforceable on the date of issuance, in accordance with the Law on Planning and Construction.

Owners of illegally constructed facilities may notify the construction inspection that they have an illegally constructed facility.

Article 8

A facility that can be brought into line with the applicable planning document in terms of its purpose and number of floors may be subject to legalization.

A facility that, in addition to the purpose determined by the planning document, is determined to have a purpose that is within the scope of the compatibility defined by the plan may be subject to legalization.

The subject of legalization may be a building with a number of floors prescribed by a valid planning document, and exceptionally a number of floors higher than the number of floors prescribed by a valid planning document, which is determined on the basis of a general act of a local self-government unit, which will prescribe the number of floors per urban zones, units or blocks. If a valid planning document does not determine the maximum number of floors for buildings, the competent authority shall determine it on the basis of a general act of a local self-government unit, which will prescribe the number of floors per urban zones, units or blocks.

The general act referred to in paragraph 3 of this Article shall be adopted by the local self-government unit within 30 days from the date of entry into force of this Law.

Article 9

Fulfillment of the conditions prescribed in Articles 3, 5, 6 and 8 of this Law shall be a condition for continuing the legalization procedure.

Article 10

The subject of legalization may be a facility for which the owner provides evidence of the appropriate right to the construction land or facility, depending on the type of works, or the type of facility, that is, the subject of legalization.

The appropriate right is considered to be the right of ownership of the facility, or the right of ownership, right of use or right of lease on construction land in public ownership, as well as other rights prescribed by the Law on Planning and Construction, as appropriate rights to construction land.

The appropriate right, within the meaning of this Law, is also considered to be:

for a facility built on land owned by another person – a final court judgment establishing the right of ownership of the land, which the owner obtains in accordance with the regulations governing property relations;

for a building constructed on construction land – a contract on the transfer of the right to use, or purchase of land, concluded and certified by the competent court between the then user and the applicant, as well as other contracts by which the land was disposed of (a contract on the transfer or exchange of real estate concluded between the then users of the land, in the appropriate form prescribed for the conclusion of that type of contract at the time of conclusion);
a contract on the purchase of a building or the purchase of a building under construction, certified in the appropriate form prescribed for the conclusion of that type of contract at the time of conclusion, between the owner, or user and the applicant;
a ​​contract on co-investment in the construction of a building, certified in the appropriate form prescribed for the conclusion of that type of contract at the time of conclusion, between the owner, or user and the applicant;
an act of the ministry competent for defense on the allocation of “emergency accommodation”;
a final decision on inheritance;
a final decision on the status change of a business company, from which the legal continuity of the applicant, or the owner of the illegally constructed building can be established in an indisputable manner;
all other legal transactions on the basis of which the legal continuity of the land, building or a separate part of the building can be established in an undoubted manner.
When the subject of legalization is an extension, conversion of common premises of a building into an apartment or business premises or the annexation of common premises to a neighboring apartment, as evidence of the appropriate right, an extract from the real estate register for the building and all separate parts of the building and evidence prescribed by the provisions of the law governing the maintenance of residential buildings on regulating mutual relations between the owner of an illegally constructed building and the building authorities shall be submitted as evidence. If the building authorities have not been formed, the consent of the majority of the owners of the separate parts of the building shall be submitted as evidence.

If the ownership right to an illegally constructed building is registered in accordance with the Law on Special Conditions for Registration of Ownership Rights to Buildings Built Without a Building Permit, as evidence of the appropriate right, a certified copy of the decision on registration of ownership rights or an extract from the real estate register on the record of real estate and rights to them, as well as evidence of the appropriate right to construction land, shall be submitted as a mandatory part of the documentation.

When the subject of legalization is a building built on construction land on which there is a right of co-ownership, the written consent of all co-owners shall be submitted as evidence of the corresponding right.

If the co-owner knew or could have known about the construction of the building, or the execution of works that are the subject of legalization, but did not object to it at the time of construction, it shall be deemed that there is consent for legalization, and in that case the evidence prescribed in paragraph 6 of this Article shall not be submitted.

The right of ownership or lease of the land under the building, acquired in accordance with Articles 70 and 105 of the Law on Planning and Construction, in the part relating to the legalization of buildings and buildings to which the Law on Special Conditions for Registration of Ownership Rights on Buildings Built Without a Building Permit has been applied, shall also be considered as a corresponding right to construction land in the legalization procedure.

When, as evidence of resolved property relations, prior to the issuance of a decision on the legalization of a residential or residential-commercial building consisting of separate physical parts, proof of acquisition of ownership rights to the land beneath the building is submitted, evidence that the owner of the apartment in the illegally constructed building has concluded a purchase and sale agreement for a share in the land, which is in proportion to the area of ​​the separate part in relation to the total area of ​​the building, is also recognized as the corresponding right.

The owner of the construction land is obliged to obtain information on the total market price for the land beneath the building in the procedure prescribed by the Law on Planning and Construction, with the obligation to determine, upon the request of each individual owner of the separate part, the share in the construction land beneath the building and the market price of the share.

The owner of the construction land and the owner of the separate part in the illegally constructed building shall conclude a share sale agreement.

Apartment owners who do not conclude a share purchase agreement in the manner specified by this Law cannot continue to postdespite legalization.

For communication networks and devices and line facilities consisting of underground and above-ground lines with water carriers, proof of appropriate rights is not submitted. Proof of appropriate rights for these facilities is submitted for above-ground parts of the facility, except for lines.

The owner of the facility referred to in paragraph 13 of this Article acquires ownership rights to the facility through legalization, but not to the land above or below the water, and the land owner is obliged to enable unhindered access to these parts of the facility for the purpose of maintenance or in the event of an accident.

The owner of the facility referred to in paragraph 13 of this Article is obliged to compensate the owner of the land above or below the water for any damage that may occur during the exploitation of the facility, in accordance with the regulations governing the issue of compensation for damage.

If a contract on the transfer of the right of use concluded between the then user of the land and the applicant, which has not been certified by the court, is attached as the appropriate right to the land, at the request of the applicant, the authority competent for property-legal affairs in whose territory the land in question is located, conducts the procedure and issues a decision on the termination of the right of use of the former user and establishes the right of use in favor of the applicant, and after the finality of that decision, the authority competent for the legalization of the facilities accepts it as evidence of the appropriate right to the land.

Article 11

In order to determine the possibility of legalization in accordance with the provisions of this Law, a report on the current condition of the facility shall be obtained in the legalization procedure, an integral part of which is the study of geodetic works for the illegally constructed facility.

Upon determining that the conditions for legalization of the facility have been met, before issuing a decision on legalization in accordance with this Law, the owner of the illegally constructed facility shall pay a legalization fee.

The amount of the fee referred to in paragraph 2 of this Article depends on the class, area and purpose of the facility, as well as the manner of use of the facility.

III METHOD AND PROCEDURE OF LEGALIZATION

Article 12

A decision on legalization of a facility shall be issued by the ministry competent for construction affairs, or the competent authority of the autonomous province, or the local self-government unit (hereinafter referred to as: the competent authority), after the procedure has been carried out, when it determines that the illegally constructed facility meets the prescribed conditions for use and other conditions prescribed by this Law.

The competent authority shall issue a decision on legalization of those facilities for whose construction, according to the law regulating the construction of facilities, it is authorized to issue a building permit in the regular procedure, or another body of the local self-government unit that was authorized by the statute to issue a building or use permit in the procedure for legalizing facilities.

Unless otherwise prescribed by the provisions of this Law, the provisions of the law regulating the construction of facilities shall apply accordingly to the resolution of an appeal or lawsuit against the decision referred to in paragraph 1 of this Article.

Article 13

The competent authority, upon determining that the previous conditions have been met and that the relevant right referred to in Article 10 of this Law exists, shall continue the legalization procedure by obtaining the documentation referred to in Article 11 of this Law.

For facilities for which the ownership right has been registered in accordance with the Law on Special Conditions for Registration of Ownership Rights on Facilities Built Without a Building Permit, the procedure prescribed by this Law shall not be carried out. Instead, the competent authority, upon obtaining the evidence referred to in Article 10, paragraph 5 of this Law, shall notify the applicant to pay the legalization fee and, upon submission of evidence of payment, shall issue a decision on legalization.

Article 14

The competent authority, for the facilities for which a request for legalization has been submitted, and which are considered requests for legalization in the sense of this law, before obtaining the documentation referred to in Article 11 of this law, shall check whether the owner of the illegally constructed facility, in the previously conducted procedure for legalization of facilities, submitted the technical documentation prescribed by the then applicable regulations and a study of geodetic works, a geodetic survey, or a copy of the plot plan.

If the owner of the illegally constructed facility submitted the technical documentation in accordance with the previously applicable regulations on legalization of facilities, the competent authority shall check whether the content of that technical documentation corresponds to the content prescribed for the report on the current condition of the facility, in accordance with this law.

If the content of the technical documentation submitted in the previously conducted legalization procedure corresponds in content to the report on the current condition of the facility, prescribed by this law, the competent authority shall establish this and recognize the previously submitted document as a report on the current condition of the facility, in the sense of this law.

Article 15

A report on the current condition of a facility shall be prepared for the purposes of legalizing the facility.

A study of geodetic works, as an integral part of the report on the current condition of a facility, shall be prepared for all facilities in the legalization process, except for facilities referred to in Article 1, paragraph 3 of this Law, when a copy of the plot plan shall be submitted.

The content of the report on the current condition of a facility for the purposes of legalizing the facility depends on the class, area, purpose and method of use of the facility and has the content prescribed by this Law.

For facilities for which, in accordance with the law governing fire protection, the consent of the Ministry of Internal Affairs for the design documentation is obtained, in addition to the report on the current condition of the facility, a project for the execution of works shall be attached with the consent of the authority competent for fire protection.

The project for the execution of works shall be prepared in accordance with the by-law adopted pursuant to the Law on Planning and Construction, which regulates the content of technical documentation.

The report on the existing condition of the facility (hereinafter referred to as: the report) is prepared by a company, or other legal entity or entrepreneur, which is registered in the appropriate register.

Article 16

The study of geodetic works, which is an integral part of the report on the existing condition of the facility, is prepared in accordance with the regulations on state surveying and cadastre.

For facilities that have been implemented in the graphic database of the real estate cadastre, instead of the study of geodetic works, a copy of the plan with the registered height of the ridge, certified by an authorized geodetic organization, is submitted.

When the subject of legalization is a building consisting of separate physical parts, the study referred to in paragraph 1 of this Article is prepared for the building and all separate physical parts of the building.

Article 17

A report on the existing condition of a facility shall be prepared for:

Category A facilities, classes 111011 and 112111;
Facilities with a gross developed building area (hereinafter referred to as: BRGP) exceeding 400 m2;
Public purpose facilities;
Engineering facilities.
Article 18

A report on the existing condition of a facility, prepared for Category A facilities, classes 111011 and 112111, shall contain: a study of geodetic works, a record of the as-built condition, a statement by the responsible designer or responsible contractor that the facility meets the basic requirements for the facility in terms of load-bearing capacity and stability, according to the regulations in force at the time of construction of that facility, and a statement by the owner of the illegally constructed facility that he accepts the potential risk of using the facility, taking into account the minimum technical documentation prescribed for legalization.

The as-built condition record shall contain general documentation, textual, numerical and graphic documentation.

General documentation includes:

a cover page with the following information:
(1) name of the facility with location (street and house number, if specified), cadastral plot number and cadastral municipality;

(2) name, or name of the owner of the illegally constructed facility;

(3) type of document (report on the current condition of the facility with a study of geodetic works);

(4) name of the entrepreneur, or legal entity that prepared the report;

(5) name, surname and license number of the responsible designer, or responsible contractor;

(6) place and date of preparation of the report.

2) content of the report.

Textual documentation includes:

description of the facility;
description of the installations (hydrotechnical, electrical, telecommunications and signaling, mechanical, with the method of connection to the external network, as well as a description of the technologies);
method of use;
time of construction;
data on the material from which the facility was built, with a statement that it is a material that ensures the durability and safety of the facility;
data on the degree of completion and usability of the facility with a statement on the visual detection of the facility’s stability.
If the installations in the facility were carried out according to the conditions, or consents, or based on a contract concluded with a public enterprise, or a competent authority, this data shall also be stated in the textual documentation.

When the subject of legalization is a facility that is not completed in the construction or construction-craft sense, the textual documentation shall also contain a list of the necessary works for the completion of the facility that is the subject of legalization.

Numerical documentation shall contain:

a tabular representation of the facility’s surfaces (numbering, purpose, net usable area of ​​each separate part of the facility, name of the floor on which it is located);
the BRGP and usable area;
the number of floors and height of the facility.
Graphic documentation shall contain:

a graphic representation of the base of all floors and the roof, in the appropriate scale;
at least four color or black and white photographs showing all visible facades of the facility.
An integral part of the report is a statement by the responsible designer or contractor that the illegally constructed facility meets the basic requirements for the facility in terms of load-bearing capacity and stability, according to the regulations in force at the time of construction of that facility.

Article 19

The report prepared for facilities with a gross floor area of ​​more than 400 m2, public facilities and engineering facilities shall contain: a study of geodetic works, a snapshot of the as-built condition, a statement by the responsible designer or contractor that the facility meets the basic requirements for the facility and a statement by the owner of the illegally constructed facility that he accepts the potential risk of using the facility, given the minimum technical documentation prescribed for legalization.

The snapshot of the as-built condition shall contain general, textual, numerical and graphic documentation, in accordance with Article 19 of this Law.

In addition to the content prescribed in Article 18, paragraph 8, item 1) of this Law, the graphic representations shall also contain two characteristic, mutually perpendicular cross-sections and other characteristic cross-sections and views of the facility.

In addition to the prescribed content, the report also contains other specific data that are characteristic of a certain type of building (for civil engineering buildings: longitudinal profile, characteristic transverse profiles, other views depending on the type and class of building), in accordance with professional rules.

An integral part of the report for a building with a BRGP greater than 400 m2 is a statement by the responsible designer, or the responsible contractor, that the illegally constructed building meets the basic requirements for the building in terms of load-bearing capacity and stability, according to the regulations that were in force at the time of the construction of that building.

In the event that an illegally constructed building has a BRGP greater than 2000 m2 and/or a number of floors greater than P+4, in addition to the statement from paragraph 5 of this Article, an integral part of the report is also a statement by the designer with the appropriate license that the building meets the requirements in terms of fire protection, according to the regulations that were in force at the time of the construction of that building.

An integral part of the report for a public purpose facility and an engineering facility is a statement from the responsible designer, or responsible contractor, with the appropriate license, that the illegally constructed facility meets the basic requirements for the facility in terms of load-bearing capacity and stability, fire protection and safety and accessibility during use, according to the regulations that were in force at the time of construction of that facility.

If the condition of the structure, or the quality of the work performed, in terms of stability or safety is not satisfactory or the technical regulations for that type of facility have been amended in the meantime, the report also contains a proposal for measures, or a list of works to be undertaken before issuing a decision on legalization.

Article 20

When the object of legalization is also a facility referred to in Article 1, paragraph 2 of this Law, the report shall also present these facilities with the content and scope according to professional rules, at a level of elaboration that is appropriate in relation to the level of elaboration in the report for the main facility.

Article 21

The provisions of Article 18 of this Law shall apply accordingly to the preparation of reports for facilities referred to in Article 1, paragraph 3 of this Law.

IV LEGALIZATION PROCEDURE

Article 22

The actions of the competent authority shall be regulated by this Law.

All procedural issues not regulated by this Law shall be governed by the provisions of the law regulating general administrative procedure.

Article 23

The legalization procedure shall be initiated in one of the following ways:

for persons who submitted a request for legalization of facilities by 29 January 2014, in accordance with the previously valid Law on Legalization of Facilities, the procedure shall be initiated on the day of entry into force of this Law;
for persons who are the owners of an illegally constructed building for which a request for legalization has not been submitted by 29 January 2014, and for which the building inspector has issued a decision on demolition, the procedure shall be initiated on the date of submission of that decision to the competent authority;
for persons referred to in Article 6, paragraph 7 of this Law, or persons referred to in Article 13, paragraph 2 of the Law on Special Conditions for Registration of Ownership Rights over Buildings Built Without a Building Permit, at whose request the registration procedure has not been completed in accordance with the provisions of that Law, the procedure shall be initiated on the date of submission of the case file by the authority competent for state surveying and cadastre affairs to the competent authority;
for persons referred to in Article 6, paragraph 8 of this Law, or persons referred to in Article 13, paragraph 2 of the Law on Special Conditions for Registration of Ownership Rights over Buildings Built Without a Building Permit, at whose request the registration of ownership rights over a building constructed without a building permit has been carried out, the procedure shall be initiated by submitting a request for legalization, within six months from the date of entry into force of this Law.
From the date of initiation of the proceedings referred to in paragraph 1 of this Article, all deadlines prescribed by this Law shall run and be calculated.

Article 24

Upon initiation of the proceedings in accordance with this Law, the competent authority shall determine whether the previous conditions for legalization have been met.

Article 25

Illegally constructed facilities, on which rough construction works have been carried out with a formed structural assembly (the facility has load-bearing elements: foundation, reinforced concrete or steel columns with beams, or reinforced concrete ceilings, roof structure), but on which no external joinery has been installed, no internal installation distributions have been carried out, nor any finishing works (facade, subflooring, carpentry, etc.), may be subject to legalization in accordance with this Law.

In the event that the illegally constructed facility does not meet the level of construction prescribed by this Law, the competent authority shall issue a decision rejecting the request.

An appeal may be filed against the decision referred to in paragraph 2 of this Article with the competent second-instance authority within 15 days from the date of delivery.

No appeal is allowed against the decision referred to in paragraph 2 of this Article issued by the ministry responsible for construction or the competent authority of the autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of delivery.

After the procedure has been finally concluded, the competent authority shall submit the decision referred to in paragraph 2 of this Article to the construction inspection within three days from the date of the decision.

The owner of the facility referred to in paragraph 1 of this Article, upon completion of the legalization procedure and registration of the ownership right to that facility, may, in accordance with the provisions of the law governing the construction of facilities, submit a request for the execution of works on the completion of the facility, in accordance with the law governing the construction of facilities.

A description of the degree of completion of the facility is an integral part of the report on the current condition of the facility.

Article 26

Illegally constructed facilities, constructed on land unsuitable for construction, are not subject to legalization in accordance with this law.

When the competent authority determines that an illegally constructed facility was built on terrain unsuitable for construction, it shall notify the owner of the facility of this fact and order the submission of geological, geodetic, architectural and other relevant evidence within 30 days on the basis of which it can be established that the facility is stable and does not endanger the stability of the terrain and adjacent facilities.

If, within the period prescribed in paragraph 2 of this Article, the owner of the facility submits evidence on the basis of which it can be established that the facility is stable and does not endanger the stability of the terrain and adjacent facilities, the competent authority shall continue the legalization procedure.

In the event that, within the period prescribed in paragraph 2 of this Article, the owner of the facility fails to submit evidence on the basis of which it can be established that the facility is stable and does not endanger the stability of the terrain and adjacent facilities, the competent authority shall reject the request by decision.

An appeal may be filed against the decision referred to in paragraph 4 of this Article with the competent second-instance authority within 15 days from the date of submission.

No appeal is allowed against the decision referred to in paragraph 4 of this Article issued by the ministry responsible for construction or the competent authority of the autonomous province, but an appeal shall be filed within 30 days.

d of the day of delivery may initiate an administrative dispute by filing a lawsuit.

After the procedure has been concluded, the decision referred to in paragraph 4 of this Article shall be submitted by the competent authority to the construction inspection within three days of the date of the decision.

Article 27

Illegally constructed facilities may not be subject to legalization if they are constructed of materials that do not ensure the durability and safety of the facility.

The information referred to in paragraph 1 of this Article shall be an integral part of the report on the current condition of the facility.

Article 28

When the competent authority determines that it is a facility referred to in Article 5, paragraph 1, items 3) and 4) of this Law, it shall submit a request for consent for legalization to the manager of the public property, or the organization responsible for the protection of natural or cultural assets.

Along with the request referred to in paragraph 1 of this Article, the competent authority shall submit the data and documents it possesses at that stage of the legalization procedure.

The manager of a public asset, or the organization responsible for the protection of natural or cultural assets, is obliged to submit a written consent or refusal to grant consent for legalization to the competent authority within 15 days from the date of submission of the request.

In the event of submission of consent for legalization, the competent authority shall continue the legalization procedure.

In the event that the manager of a public asset, or the organization responsible for the protection of natural or cultural assets refuses to grant consent for legalization, the competent authority shall reject the request by decision.

An appeal may be filed against the decision referred to in paragraph 5 of this Article within 15 days from the date of submission.

No appeal may be filed against the decision referred to in paragraph 5 of this Article issued by the ministry responsible for construction or the competent authority of an autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of submission.

After the procedure has been finally concluded, the competent authority shall submit the decision referred to in paragraph 5 of this Article to the construction inspection within three days from the date of adoption of the decision.

Article 29

The subject of legalization may be a facility that can be brought into line with the applicable planning document in terms of its purpose and number of floors, in accordance with Article 8, paragraphs 2 and 3 of this Law.

In the event that the competent authority determines that the purpose of an illegally constructed facility is not in accordance with the purpose determined by the applicable planning document or is not within the scope of the compatibilities defined by the plan, or that the number of floors of an illegally constructed facility is not in accordance with the number of floors prescribed by the applicable planning document or is not in accordance with the number of floors determined by the general act referred to in Article 8, paragraph 3 of this Law, the competent authority shall reject the request by decision.

An appeal may be filed against the decision referred to in paragraph 2 of this Article within 15 days from the date of delivery.

No appeal may be filed against the decision referred to in paragraph 2 of this Article issued by the ministry responsible for construction or the competent authority of the autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of delivery.

After the procedure has been concluded, the decision referred to in paragraph 2 of this Article shall be submitted by the competent authority to the construction inspection within three days.

Article 30

The competent authority, as a preliminary issue in the legalization procedure, shall determine whether a decision rejecting the request for legalization has been issued for the illegally constructed facility, in accordance with the previously valid regulations governing the legalization of facilities, and which is final in the administrative procedure.

When the competent authority establishes this fact, it shall issue a decision rejecting the request for legalization.

An appeal may be filed against the decision referred to in paragraph 2 of this Article within 15 days from the date of delivery.

No appeal may be filed against the decision referred to in paragraph 2 of this Article issued by the ministry responsible for construction or the competent authority of an autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of delivery.

After the procedure has been concluded, the decision referred to in paragraph 2 of this Article shall be submitted by the competent authority to the construction inspection within three days.

Notwithstanding the provision of paragraph 1 of this Article, if after the finality of the decision rejecting the request for legalization, the planning document has been changed or the request has been rejected for reasons that are otherwise prescribed by this Law and are more favorable to the owner of the illegally constructed facility, the competent authority shall establish this fact and continue the legalization procedure in accordance with this Law.

Article 31

Upon determining that the previous conditions have been met, the competent authority shall notify the owner of the illegally constructed facility to submit evidence of the appropriate right within 30 days from the date of delivery of the notification, unless the evidence of the appropriate right has already been submitted in the legalization procedure for the illegally constructed facility.

The owner of the illegally constructed facility may, before the expiration of the deadline referred to in paragraph 1 of this Article, submit a request for an extension of that deadline.

If the competent authority determines that there are justified reasons for an extension of the deadline referred to in paragraph 1 of this Article (completion of a court dispute, obtaining evidence from other authorities, etc.), it shall terminate the procedure by a conclusion in order to resolve the previous issue.

By the conclusion referred to in paragraph 3of this Article, the owner of an illegally constructed facility is obliged to submit proof within 15 days that he has initiated the procedure for resolving the previous issue.

The legalization procedure will continue after the final decision on the previous issue has been made.

A special appeal is allowed against the conclusion referred to in paragraph 3 of this Article within eight days from the date of submission.

If the owner of an illegally constructed facility does not submit proof of the appropriate right within the period referred to in paragraph 1 of this Article, and does not request an extension of the period referred to in paragraph 2 of this Article within the prescribed period, the competent authority shall reject the request by a conclusion.

A special appeal may be filed against the conclusion referred to in paragraph 7 of this Article within eight days from the date of submission.

A special appeal is not allowed against the conclusion referred to in paragraph 7 of this Article that was issued by the ministry responsible for construction or the competent authority of an autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of submission.

After the procedure has been finally concluded, the conclusion referred to in paragraph 7 of this Article shall be submitted by the competent authority to the construction inspection within three days.

Article 32

When the competent authority determines that the previous conditions for legalization have been met and that the relevant right exists within the meaning of this Law, it shall continue the legalization procedure, within the meaning of Article 11, paragraph 1 of this Law, and shall notify the owner of the illegally constructed facility to submit a report with a study of geodetic works within 30 days from the date of delivery of the notification, or shall check whether the aforementioned evidence has been submitted in the procedure for legalization of illegally constructed facilities.

If the owner of the illegally constructed facility fails to submit a report with a study of geodetic works within the period prescribed in paragraph 1 of this Article, the competent authority shall reject the request by a conclusion.

A separate appeal may be filed against the conclusion referred to in paragraph 2 of this Article within eight days from the date of delivery.

No separate appeal is allowed against the conclusion referred to in paragraph 2 of this Article, which was issued by the ministry responsible for construction or the competent authority of the autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days of the date of delivery.

After the procedure has been finally concluded, the conclusion referred to in paragraph 2 of this Article shall be submitted by the competent authority to the construction inspection without delay.

When the owner of an illegally constructed facility submits a report on the current condition of the facility with a geodetic work study, or another document prescribed by this Law instead of a geodetic work study, the competent authority shall determine whether these documents have been prepared in accordance with this Law.

If the report on the current condition of the facility with a geodetic work study, or other documents prescribed by this Law as evidence instead of a report and geodetic work study, have not been prepared in accordance with this Law, the competent authority shall notify the owner of the illegally constructed facility thereof and order him to submit the requested document prepared in accordance with this Law within 60 days.

If the owner of an illegally constructed facility fails to submit the document referred to in paragraph 7 of this Article within the prescribed period, the competent authority shall reject the request by a conclusion.

A special appeal may be filed against the conclusion referred to in paragraph 8 of this Article within eight days from the date of submission.

A special appeal may not be filed against the conclusion referred to in paragraph 8 of this Article issued by the ministry responsible for construction or the competent authority of an autonomous province, but an administrative dispute may be initiated by a lawsuit within 30 days from the date of submission.

After the procedure has been finally concluded, the conclusion referred to in paragraph 8 of this Article shall be submitted by the competent authority to the construction inspection within three days.

Article 33

A legalization fee shall be paid for all facilities in the legalization procedure, before the issuance of a legalization decision.

The fee referred to in paragraph 1 of this Article shall be paid in the amount of 70% in favor of the local government unit on whose territory the illegally constructed facility is located and in the amount of 30% in favor of the budget of the Republic of Serbia, or in favor of the budget of the Republic of Serbia in the amount of 15% and in favor of the budget of the autonomous province in the amount of 15%, if the illegally constructed facility is located on the territory of the autonomous province.

The local government unit shall use the funds obtained from the legalization fee for the development (preparation and equipment) of construction land, the acquisition of construction land into public ownership and the construction and maintenance of public purpose facilities and communal infrastructure.

The fee referred to in paragraph 1 of this Article shall be paid in the amount of 5,000 dinars for the legalization of a family facility or apartment, with a usable area of ​​up to 100 m2, auxiliary and economic facilities, production and storage facilities, as well as all other facilities and works referred to in Article 145 of the Law on Planning and Construction.

The provisions of paragraph 1 of this Article do not apply to owners of an illegally constructed building intended for the residence of the applicant and members of his/her family household, who is a person with a disability, a single parent or a beneficiary of social assistance.

For family residential buildings and apartments with a usable area of ​​100 m2 to 200 m2, a legalization fee of 15,000 dinars is paid.

For family residential buildings and apartments with a usable area of ​​200 m2 to 300 m2, a legalization fee of 20,000 dinars is paid.

For family residential buildings with a usable area of ​​over 300 m2, a legalization fee of 50,000 dinars is paid.

For residential and residential-business buildings intended for the market consisting of several apartments and other separate parts, with a usable area of ​​up to 500 m2 and commercial buildings up to 500 m2, a legalization fee of 250,000 dinars is paid.

For residential and commercial buildings intended for the market consisting of several apartments and other separate parts, with a usable area of ​​500 m2 to 1000 m2 and commercial buildings from 500 m2 to 1000 m2, a legalization fee of 500,000 dinars is paid.

For residential and commercial buildings intended for the market consisting of several apartments and other separate parts, with a usable area of ​​1000 m2 to 1500 m2 and commercial buildings from 1000 m2 to 1500 m2, a legalization fee of 1,000,000 dinars is paid.

For residential and commercial buildings intended for the market consisting of several apartments and other separate parts, with a usable area of ​​over 1500 m2 and commercial buildings over 1500 m2, a legalization fee of 3,000,000 dinars is paid.

Article 34

When the competent authority determines that there is a possibility of legalization, it shall notify the owner of the illegally constructed facility to pay the fee for legalization within 15 days from the date of notification.