On 26 July 2023, put forward by the Government, the National Assembly of the Republic of Serbia adopted amendments to the Law on Legalization of facilites (“Official gazette of RS”, no. 96/2015, 83/18, 81/20- Constitutional court decision, 1/2023- Constitutional court decision, and 62/2023, hereinafter: the “Law”).
The amendments to the Law came into force on 28 Juy 2023, a day after being published in „ Official gazette of RS“.The intention of the legislator at this point was not directed specifically at solving the issue of illegally constructed facilites, bearing in mind the new legislative solutions did not change the terms or procedure for legalization, but rather on possibility to allow temporary infrastructure connections for unpermitted housing.
Grounds for adopting amendments to the LawDuring the implementation of the Law, as one of the issues identified was the impossibility to connect illegally built facilities to the power grid, gas mains, district heating, water supply, and sewerage system, which arose the question of interference with the basic human rights guaranteed by the Constitution and numerous international convention.
Considering filed iniciatives, the main premise was to temporarily allow the citizens which bought or built residential facilities without adequate permits to use infrastructure connections legally, until termination of the legalization process.Connections to the infrastructure
Amendments to the Law on legalization of the facilities provides temporary connection to the infrastructure network, for all unpermitted residental buildings, regardless when they were built, including the power of grid, gas mains, district heating, water supply and sewerege system.Named possibility, according to the article 39 paragraph 4 of the Law, is reserved only for the owners of unpremitted homes and flats, and only if the home is their sole residence, meaning they were buying or building facilities for residential purposes.
The legislator also excluded application of penalty provisions which refers to temporary connection to the infrastructure of illegally built facilities.Procedures and terms for connection to the infrastructure
The Government of the Republic of Serbia will enact a bylaw to regulate in greater details the criteria and procedure for connecting these structures to the public utilities, within 15 day from supplements and amendments to the Law on legalization of facilities came into force, so in the period of time not later than 12 August 2023.Afterwards, the interested parties will be able to submitt the request in local Municipalities in accordance with determined procedure.
It is important to not that this option will be available for a limited time, as there is a 30 day period from the day that the bylaw is adopted to apply for infrastructure connection permits.Conclusion It is estimated there are more than 2.5 million illegally built facilities in Republic of Serbia, and the new Law is aspiring to mitigate the consequences , but we are still waiting to see whether the future will bring concrete solutions and mechanisms in order to stop illegal building.
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