The construction of the various facilities in the Republic of Serbia is an area regulated by a wide range of regulations, where, in addition to numerous rules, there are a large number of exceptions, so accordingly, in the following text, we will try to show some of the basic phases of construction procedure in the Republic of Serbia.
Even though that regulations related to the construction of facilities imply the fulfillment of numerous conditions prescribed by a long series of domestic regulations, it is inevitable that in the basic stage for construction consists of the following stages:
- obtaining information on location, location conditions and preparation of technical documentation;
- obtaining of building permit;
- notice of works and construction of the facility;
- technical inspection of the facility and obtaining the usage permit.
- Obtaining information on location, location conditions and preparation of technical documentation
The first step in the implementation of the project for construction of a facility would be selection of a location and obtaining information on location. According to the provisions of the Law on Planning and Construction (the “Law”) information on location contains data on possibilities and limitations of building on the cadastral parcel, i.e. on several cadastral parcels, based on the planning document. In this matter the information on location can provide information about the land use, construction rules and other. Information on location is issued by the authority responsible for issuing location conditions within 8 days from the date of submission of the request, according to the Law.
Prior to preparing technical documentation, it is necessary to obtain the location conditions which contain all urbanism, technical and other requirements and data necessary for drafting of the conceptual design, design for the building permit, and design for execution, and location conditions are issued for the cadastral parcel that meets the requirements for a building parcel. The authority competent to issue location conditions will be determined on the basis of which authority is competent to issue building permit, so site conditions can be issued by the Ministry of Construction, Transport and Infrastructure (“MCTI“), or the competent authority within the autonomous province or the competent authority of the local self-government unit, depending on complexity of the facility. The location conditions are valid for two years from the date of issue or until the expiration of the building permit issued in accordance with those conditions.
On the basis of the location conditions that contains all the necessary data, the technical documentation (conceptual solution, conceptual design, design for building permit, design for execution and other) is prepared, which is necessary for the phase of obtaining of building permit and further construction.
- Obtaining building permit
The request for the issuance of a building permit is submitted to the MCTI, or to the competent authority of the autonomous province or to the competent authority of the local self-government on whose territory the future facility will be located.
The building permit is issued to the investor who has the appropriate right to the land or facility and who has submitted evidence of the payment of appropriate fees, compensations and other documents prescribed by the act that regulates the implementation of the unified procedure in more detail.
You can read more about the specifics of the appropriate right on land, which occurs, for example, in the construction of electro-energetic facilities in our text at the following link https://milosevic-law.com/specifities-in-contruction-of-electro-energetic-facilities/
- Construction of the facility
Construction can be conducted on the basis of a final decision on building permit and the notice of works.
The construction of especially complex facilities (explicitly stated in the Article 133 of the Law), i.e., the execution of such works can be carried out exclusively by legal entity or an entrepreneur that is registered in the proper register for the construction of that type of facilities which is maintained by MCTI, i.e. for the execution of that type of works and which meets the conditions prescribed by the Law.
- Technical inspection and obtaining of the usage permit
After the completion of works, a technical inspection is carried out in order to check the facility’s suitability for use. This inspection of the facilities is carried out by a commission or a company, or another legal entity to which the investor entrusts the performance of these activities, and which is registered in the appropriate register for the performance of these activities. After the technical inspection is performed, begins the process of issuing a usage permit, in which the authority responsible for issuing building permit issues by decision usage permit.
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