Serbia has been grappling with the issue of illegal buildings for decades, with most of these structures concentrated in Belgrade. Legalizing these buildings requires adherence to specific spatial and urban regulations, as well as proof of land ownership.
Since the introduction of the Law on Legalization of Buildings in 2015, which aimed to curb illegal construction, it is estimated that over 100,000 new illegal buildings have emerged.
Amendments to the Law in October of the previous year temporarily allowed for the legal connection of these buildings to essential infrastructure, including water and electricity, with the registration period for such connections ending on October 15, 2023.
According to lawyer Marija Pešović, the problem of illegal buildings remains unresolved. Cadastre data indicates there are 1,670,000 registered illegal buildings, but the unofficial estimate is around 2.3 million.
Pešović attributes the slow and cumbersome process of legalization to several factors. Initially, the new law appeared to offer a solution by simplifying procedures and transferring jurisdiction to city municipalities, but practical results were lacking. Municipal sectors faced delays in adapting to new procedures and were often understaffed.
In November 2022, the Constitutional Court ruled Article 26 paragraph 1 of the Law on Legalization unconstitutional, removing the deadline for legalization, which was November 6, 2023. This decision has led to uncertainty about the timeline for resolving the issue. Additionally, the court had previously struck down provisions allowing presumed consent for legalization if co-owners did not object during construction, further complicating the process.
Pešović also highlighted issues such as the need for consent from multiple co-owners, which can be challenging due to poor neighbor relations, unresolved property issues, and other obstacles. Furthermore, not all local self-government units have adequate spatial plans, which are essential for legalization.
The newly formed Spatial Planning Agency aims to address these challenges in more detail. The agency has identified incomplete documentation, unresolved property relationships, and non-compliance with project plans as additional factors contributing to the delays.
Đorđe Milić, Director of the Agency for Spatial Planning and Urbanism, has stated that illegal buildings meeting the conditions should eventually be integrated into Serbia’s legal system, with strict enforcement of the law. A Central Register of planning documents is also being developed to improve transparency.
NALED (National Alliance for Local Economic Development) argues that the current approach has been ineffective and proposes creating a comprehensive digital record of illegal buildings and their legalization requests. This would streamline the process, reduce corruption, and make it easier for citizens and authorities to manage and monitor applications.
NALED’s program director Jelena Bojović emphasized the need for digitizing the entire legalization process, allowing for better tracking, document exchange, and fee payment through a centralized system. This would address the significant challenges faced by millions of citizens living or working in illegal buildings, many of which lack basic amenities and face lengthy waits for legalization.
Legalization costs
The costs associated with legalization vary based on the type and size of the building. For residential buildings, fees are:
- 5,000 dinars for buildings up to 100 square meters
- 15,000 dinars for buildings up to 200 square meters
- 20,000 dinars for buildings up to 300 square meters
- 50,000 dinars for buildings over 300 square meters
For commercial buildings:
- 250,000 dinars for buildings up to 500 square meters
- 500,000 dinars for buildings up to 1,000 square meters
- 1,000,000 dinars for buildings up to 1,500 square meters
- 3,000,000 dinars for buildings over 1,500 square meters
Additional costs include geodetic services and architectural reports, which can add several hundred euros or more, depending on the building’s size.
