planning and construction law

7/30/2019 Planning and Construction Law

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„Official Gazette of the Republic of Serbia“ 47/03 and 34/06

PLANNING AND CONSTRUCTION LAW1. BASIC PROVISIONSSubject

Article 1This Law shall regulate the following: conditions for and modalities of spatial planning anddevelopment, the development and use of construction land and construction of structures; it

establishes the Republic Agency for Spatial Planning; shall regulate supervision over the

observance of provisions of this Law; shall regulate other matters of importance for spatial

planning and development, use of construction land and construction of structures.

Definitions

Article 2

Certain expressions used in this Law shall have the following meaning:

1/ “ Public Area” is an area designated by a plan for structures whose useand construction is 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 the use, namely construction of which

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 structuresaccording to a special law);

3/ “ Regulation” shall mean determining regulatory and zoning conditions for urbandevelopments based on a given plan, or on the basis of the applicable Urban Planning rules;

4/ “ Leveling ” shall mean 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 the

lot 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 municipality (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 spatial plan;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 area from areas designated for other

purposes;



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

pursuant to 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 municipality, city, or the City of Belgrade as public construction land, as well asother construction land intended for construction, which may be developed or non-developed,

organized or unorganized;16/ “Construction of a structure” is a set of activities encompassing: preliminary works, preparation of technical documentation for the construction of the structure, control of technical

documentation, preparatory construction works, the construction of the structure and expert

supervision in the course of construction;

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

defining the concept of the proposed structure, elaborating construction conditions, shall mean

and methods, and for the purpose of the structure’s maintenance;

18/ “Conceptual Design” is a design set which shall define: intended use, position, shape,

capacity, technical, technological and functional characteristics of the proposed structure, itsorganizational elements and its appearance;

19/ “ Main Design” is a set of documents defining the structural, technical, technological

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

shall mean and methods, projected construction cost and maintenance conditions;

20/ “ Detailed Design” shall mean a design elaborating on all necessary details to build the

structure in accordance with the Main Design;21/ “ As-built Design” shall mean a set of drawings that represents the actual condition of the

completed structure, and is made for exploitation and maintenance purposes;22/ “Structure” is a constructed structure 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 management and energy facilities, internal and

external network and 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 structures (border crossings,

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

24/ “Construction” shall mean performing rough construction and construction-handicraft works

and laying installations and installing machinery and equipment;

25/ “ Reconstruction” shall mean 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 structures, trafficand environment; modifies the water regime; influences the protection of natural and immovable

cultural assets, recorded property, assets covered by previous protection and its protected

environment, with the exception of conservation and restoration works;

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

new premises next to, underneath or above the existing structure, forming together it

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 capacity, without influencing its stability or changing any structural elements or

external appearance, and without affecting the safety of surrounding structures, traffic and

environment;

28/ “ Rehabilitation” shall mean performing construction and other works on an existing structure by

repairing appliances, machinery and equipment, or replacing its structural elements, withoutaltering its external appearance or affecting the safety of surrounding structures, traffic andenvironment, and without influencing the protection of natural and immovable 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 the structure is being built, who is funding the

construction, and in whose name the building permit shall be issued.

II SPATIAL PLANNING

Principles of Spatial Development

Article 3

Spatial Development shall be 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 utilization, management,

protection and improvement;

3/ transparency of the process of plans adoption;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-renewablenatural 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 spatial development;

8/ selection and definition of strategic priorities of spatial 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 transborder and international cooperationand inclusion of the Republic of Serbia into the processes of European integrations;

The Republic Spatial Planning Agency Establishment

Article 4

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

planning policies and Spatial Development in the Republic of Serbia, the Republic Agency for



Spatial Planning (hereinafter : the Agency) shall be established as an independent organization

that carries out its public authority in accordance with this Law and regulations based on this

Law.

The Agency shall be responsible for its activities to the Government of the Republic of Serbia, incompliance with the Law.

Legal Status

Article 5The Agency shall have the status of a legal entity with the rights, obligations and responsibilities

defined by the law and the statute.

The Agency shall operate in concert with regulations governing public services.

The Agency shall have its gyro account.

Headquarters

Article 6

The seat of the Agency shall be in Belgrade.

The Agency shall have an organizational unit in the seat of the authority of the territorialAutonomy and may have such units in other places, in accordance with the Statute.

Funds for the establishment and operation of the Agency

Article 7

The funds for the establishment and operation of the Agency shall be 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 8The Agency shall be responsible for:

1/ preparing, coordinating, monitoring the elaboration of and proposing the Spatial Development

Strategy of the Republic of Serbia and overseeing the implementation of the same;

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

of pertinent ministries in the preparation of spatial development schemes;3/ preparing coordinating, monitoring the elaboration of and proposing the spatial plan for special

purpose areas in cooperation with pertinent ministries and other authorities and

organizations;

4/ performing the duties of expert control of the spatial plan for special purpose

areas and for the Regional Spatial Plan, unless specified otherwise by law;

5/ international cooperation in the area of spatial 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;

Bodies of the Agency

Article 9

The bodies of the Agency shall be the Council, Director and the Supervisory Board.

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



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

of Serbia.

The President and members of the Council and the Supervisory Board, as well as theDirector shall be appointed for a period of four years, however the same person may not be

appointed more than twice.

The Council

Article 10

The Council of the Agency (hereinafter: the Council) shall have eleven members who shall be

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

activities, upon recommendation of the pertinent ministries.

The Director

Article 11The Director shall:

1/ represent the Agency;2/ manage the Agency and organizes its operation;

3/ propose acts to be enacted by the Council;

4/ carry out the decisions of the Council and take measures for their

implementation;

5/ be responsible for the legality of operations and for the use and managing of the Agency’sassets;

6/ pass an act on the internal organization and systematization of work places, propose

the work plan and carry out other tasks as defined by the law and the Statute;

The Supervisory Board

Article 12

The Supervisory Board shall have a President and two members.The Supervisory Board shall:

1/ supervise the legality of the Agency’s operations;2/ review annual reports on the Agency’s business operations and annual financial statement;3/ carry out other tasks defined by the law and the Statute;

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

year to the pertinent ministry, which shall inform the Government of the Republic of Serbia

thereof within 15 days from receiving the report.

Statutory Documents

Article 13

The general acts of the Agency shall be: the Statute, the Bylaw and other general rules.

The Statute shall be the primary administrative document of the Agency;The Statute shall be adopted by the Council with the opinion of the executive authority of the

Autonomous Province and the approval of the Government of the Republic

of Serbia;

The Statute shall contain provisions concerning:

1/ the activities of the Agency;

2/ the manner of conducting operations;

3/ the internal organizational structure;4/ the Agency’s offices and their operations;5/ representation of the Agency;

6/ rights, obligations and responsibilities of the employees;



7/ other shall issue 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 Agencymay engage other domestic or foreign legal entities and natural persons, in accordance with the

law.Supervision of the Agency’s Work

Article 15The supervision of the work of the Agency shall be carried out by the ministry in charge of

spatial planning.

No less than twice a year, the Agency shall submit a report on its work to the Government of

the Republic of Serbia, through the ministry in charge of spatial planning.

Types of Planning Documents

Article 16

The Planning documents shall be:1/ The Spatial Development Strategy of the Republic of Serbia;

2/ Spatial Development schemes;

3/ The Spatial Plan for a Special Purpose Area;

4/ The Regional Spatial Plan;

5/ The Municipal Spatial Plan.

The planning documents referred to in paragraph 1, points 2, 3, 4 and 5 of this Articlemust be mutually coordinated and in accordance with the Spatial Development Strategy of the

Republic of Serbia.The Spatial Development Strategy of the Republic of Serbia

Article 17

The Spatial Development Strategy of the Republic of Serbia (hereinafter: the Strategy)shall be adopted for the territory of the Republic of Serbia (European NUTS 1 standard size of

spatial units);

The Strategy shall determine the long-term objectives of spatial planning and development in

accordance with the overall economic, social, ecological, cultural and historical development.

The Strategy shall especially define the shall issue, areas and modalities of transborder andinternational cooperation in the area of spatial planning and development.

The Strategy shall be adopted by the National Assembly of the Republic of Serbia at the

proposal of the Government of the Republic of Serbia.

The Strategy shall be published in the “Official Gazette of the Republic of Serbia”.

Spatial Development Schemes

Article 18Spatial Development schemes (hereinafter: the Schemes) are planning documents which shall

define more closely Spatial Development in certain fields for which the basis of spatialdevelopment is defined in the Strategy, namely: university level education and scientific research;

culture; health and social protection; information and telecommunications; multimodal

transportation; mining and energy; capital economy; natural and rural areas; sports and

recreation.

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

The schemes shall be adopted by the Government of the Republic of Serbia, at the proposal

of a pertinent ministry, after having consulted the Agency.

Spatial Plan for a Special Purpose Area



Article 19The Spatial Plan for a Special Purpose Area shall be adopted for: the area of a national park; an

area which due to its characteristics has a special purpose requiring a special regime of

organization, development, use, and space protection; an area determined by the Strategy or aRegional Spatial 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.The Spatial Plan for a Special Purpose Area shall also be developed, as a rule, for areas plannedfor the construction of structures or systems of national interest, as well as structures referred to

in Article 89, paragraph 4 of this Law.

The Spatial plan of a special purpose area, referred to in paragraph 2 of this Article, shall

be developed on the basis of a prior feasibility study.

Spatial plan of a special purpose area shall be adopted by the Government of the Republic of

Serbia or by the assembly of an Autonomous Province for areas on its territory, at the Agency’s

recommendation.

The Regional Spatial PlanArticle 20The Regional Spatial Plan shall be adopted for the territory of an Autonomous Province.

The Regional Spatial Plan referred to in paragraph 1 of this Article shall be adopted by the

Assembly of the Autonomous Province.

The Regional Spatial Plan may also be adopted for an area corresponding in size to the

space units of the European NUTS 2 and 3 standards.The spatial plan referred to in paragraph 3 of this Article shall be adopted by the Government of

the Republic of Serbia at the Agency’s proposal or by the Assembly of an Autonomous Provincefor areas on its territory, at the proposal of the organizational unit in the seat of the authority of

the Autonomous Province, unless provided for otherwise by the Law.

The Regional Spatial Plan for the territory of the City of Belgrade shall be adopted by theAssembly of the City of Belgrade, upon the Agency’ prior recommendation, unless

provided for otherwise by the Law.

The Municipal Spatial plan

Article 21

The Municipal Spatial Plan shall be adopted for the territory of that municipality.The Municipal Spatial Plan shall be adopted by the municipality’s assembly.

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

adopt a spatial plan for the area of these municipalities.

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

Article shall be regulated by an agreement between the municipalities in accordance with the law.

Contents of Planning DocumentsArticle 22

The Strategy shall primarily contain: the principles and objectives of spatial development for the territory of the Republic of Serbia; the basis for harmonizing and steering spatial

development; organization of space in the Republic of Serbia; development priorities; delineation

of territorial districts with common spatial and developmental characteristics for which the spatial

plans will be adopted.

Other planning documents shall elaborate the principles of spatial planning and determine the

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

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

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



and a graphic presentation which represent a single set of planning solutions,

prepared in analog and digital format.

The Minister in charge of spatial planning and construction shall define more closely the

contents, methods and sequence of development of the Strategy and other planning documents.Article 23

The Strategy and other planning documents shall be adopted for a period of no less than 10 years.

The Procedure for the Preparation of Planning Documents Decision on the Development of a Planning Document

Article 24The development of the Strategy, schemes, and spatial plans for special purpose areas shall be

undertaken upon the decision of the Government of the Republic of Serbia (hereinafter: the

Government).

The decision on the development of the Strategy and spatial plans for special purpose areas

shall be passed by the Government at the Agency’s proposal.

The decision on the development of a scheme shall be passed by the Government at the proposalof the ministry in charge, after having obtained an opinion from the Agency.

The decision on the development of a spatial plan for special purpose areas for areas from the

territory of the Autonomous Province shall be passed by the authority in charge for the plan’s

adoption, at the proposal of the organizational unit in the seat of the autonomous province

authority, with the consent of the Agency.

The decision on the development of a Regional Spatial Plan shall be passed by the institutionresponsible for its adoption, after previously consulting the Agency.

The decision on the development of the Municipal Spatial Plan shall be adopted by the institutionresponsible 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 shall contain data about the type of documents that is being prepared, objective of the adoption of the planning document, the area

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

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

presentation to the public, etc.

The decision on the development of the planning document referred to in paragraphs 1- 6of this article shall be published in the "Official Gazette of the Republic of Serbia", namely the

official gazettes of the Autonomous Province and the municipality.

The Program for the Development of a Planning Document

Article 25

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

a program for development of planning documents which is a constituent part of the decision.The program referred to in paragraph 1 of this Article shall contain: the type of planning

document,the boundaries of the planning zone, the dynamics and financial shall mean, review of existing

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

potentials, limitations, conflicts, development priorities, as well as other shall issue relevant for

the preparation of the planning document.

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

area shall be prepared by the Agency.

The program of the development of a Regional Spatial Plan shall be prepared by the

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



The program of the development of a Municipal Spatial Plan of shall be prepared by the

pertinent branch of municipality 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

The development of a planning document shall be awarded by a publicannouncement conducted by the institution in charge of adopting the planning document, throughthe 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 spatial planning and preparation of planning

documents (hereinafter: the Plan Developer).

The preparation of a planning document shall managed by the Responsible Planner.

The Responsible Planner Article 28The Responsible Planner may be a person with university education and at least five years of

work experience, professional achievements in the development of planning documents,

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

who has passed a professional exam.

The Spatial Planner’s professional achievements referred to in paragraph 1 of thisArticle may fall into the category of management, development itself, or cooperation in

preparation of at least two planning documents.

Control of Planning Documentation and Presentation to the Public Professional Control

Article 29Before submitting a proposal for a planning document to the institution in charge for its

adoption, the planning document shall be subject to professional expert control and shall be

presented to the public.

Professional control involves verification of the planning document’s compatibility with the

decision on its adoption, review the planning concept justification, review of the planningdocument’s compatibility with the law, standards and norms and other regulations adopted in

accordance to the law.

Professional control of the Spatial Development Strategy of the Republic of Serbia

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

Professional control of the Spatial Plan for a Special Purpose Area and the Regional

Spatial Plan shall be performed by the Agency, unless otherwise specified by law.Professional control of a Municipal Spatial Plan shall be performed by the Planning

Commission referred to in Article 34 of this Law.The control of the Municipal Spatial 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 spatial planning.

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

control, with all remarks and opinions on each remark.

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

Developer, which shall, within 30 days from the date the report was submitted, perform work as

instructed in the remarks.



Presentation to the Public

Article 30

The presentation of the plan to the public shall be conducted after the completion of the

professional control. The public presentation of the plan must be announced in the daily localnewspaper and lasts 30 days from the date of the announcement. The public presentation of the

plan shall be 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, with all remarks and opinions on each remark.

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

justification.

The minister in charge of spatial planning shall, in more detail, prescribe the manner in

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

the plan’s presentation to the public.

Implementation AgreementArticle 31An integral part of a Special Purpose Area Spatial Plan, Regional Spatial Plan, and a

Municipal Spatial Plan shall be the Implementation Agreement.

The agreement referred to in paragraph 1 of this Article shall primarily contain:

obligations of signatories regarding conditions for access to the relevant funds (according to

specified planning solutions and measures), as well as the dynamics and modalities of securingfunds for their realization.

The Implementation Agreement of the Regional Spatial Plan and Municipal Spatial Plan shall beentered 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 Spatial Plan is entered into bythe Government of the Republic of Serbia, or Autonomous Province, municipality, 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.

Review of Solutions

Article 32The review of solutions and establishing the need to make changes in a Special Purpose

Area Spatial Plan, Regional Spatial Plan and Municipal Spatial Plan shall be carried out by the

institution in charge of its adoption, upon the expiration of the deadline set forth in the

Implementation Agreement, or at least each four years.

III URBAN PLANNING

The Objectives of Settlements DevelopmentArticle 33

The planning and development of space and settlements shall provide:1/ space organization of settlements enabling better quality of life;

2/ the preservation and promotion of the overall construction/construction heritage, building

traditions and overall qualities of settlements;

3/ the completion of existing and creation of new urban qualities;

4/ the renewal and reconstruction of historical and functional fabric;

5/ the preservation of agricultural land, natural resources and environment of a settlement,

neighboring settlements and the region;



6/ the coordination of infrastructure construction and other public construction land

developments;

The Planning Commission

Article 34With the aim of providing expert assistance in the process of development of the municipality

spatial plan, development and implementation of Urban Plans and providing expert opinion aboutconceptual plans upon request of the municipality administration, the institution in charge of adopting space or Urban Plan, shall set up Planning Commission (hereinafter: the Commission).

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

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

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

One third of the members of the Commission, holding the proper license, shall be nominated

upon the proposal of the Minister in charge of Urban Planning and construction affairs.

The term of office of the President and the members of the Planning Commission shall be 4

years, and the same person may not serve more than two terms.The number of members, work methods, composition and other shall issue important for

Commission’s work shall be defined by the act on the establishment of the

Commission.

The institution responsible for setting up the Commission may engage other legal and

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

needs.

Type and Contents of Urban Plans

Article 35The Urban Plans are:

1/ principal urban plans

2/ regulation plansPrincipal urban plans are the General Plan and the General Development Plan.

Regulation plans are the General Regulation Plan and the Plan of Detailed

Regulation.

Contents of Urban Plans

The General Plan

Article 36The General Plan shall define long term projections of the overall development as well

as spatial development of settlements.

The General Plan shall be adopted for a city, or the City of Belgrade.

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

The General Plan shall primarily regulate and define:1/ Construction districts;

2/ The primary intended use of areas within a construction district.3/ The general layout, corridors and capacities of traffic, energy, water management, utilities and

other infrastructure.

4/ Zones or entities for which Urban Plans will be made, and zones or entities for which the

General Plan provides the same construction rules.

The General Development Plan

Article 37

The General Development Plan shall define long term projections of general development as

well as spatial development of settlements, basic regulation and building regulations.



The General Development Plan shall be adopted for smaller settlements and villages for which

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

The General Development Plan shall be adopted for parts of settlements also, if so determined

by a General Plan or a General Regulation Plan.The General Development Plan shall primarily define:

1/ The primary intended purpose of the areas within the construction zone;2/ The general layout and corridors for traffic, energy, water reclamation, utilities and other infrastructure;

3/ Zones or entities with the same building regulations.

The General Regulation Plan

Article 38

The General Regulation Plan shall be adopted for settlements for which no General Plan will

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

will not be adopted.

The General Regulation Plan, worked out for the whole settlement, shall determines longterm projections of general development and spatial development of the said settlements, as well

as the rules of regulation, development and building.

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 General Regulation Plan shall define and elaborate in more details on the following:

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

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

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 construction regulations;

6/ Sites designated for public structures;

The Detailed Regulation Plan

Article 39

The Detailed Regulation Plan shall be adopted for parts of settlements in accordance with theGeneral Plan or the General Regulation Plan.

The Detailed Regulation Plan may be adopted also for the whole settlement, in which

case no General Regulation Plan will be adopted.

The Detailed Regulation Plan 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 aSpecial Purpose Areas Spatial Plan, or on the basis of a completed feasibility study in case of a

populated area.The Detailed Regulation Plan, in addition to the elements referred to in Article 38

paragraph 4, shall determine and elaborate in more detail, especially:

1/ Boundaries of public construction land with elements required for their marking in the

cadastral background;

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

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;

Development Rules

Article 41

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

urban development 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,

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

construction land;

2/ functional entities and zones defined by the plan3/ urban development conditions for public surfaces (areas) and public structures

4/ more detailed provisions concerning plants, structures and networks of traffic, energy,

water management, utilities and other infrastructure, as well as the conditions for connecting

new structures to the networks of utilities 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 planned 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 variouskinds 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 the

development of public construction land and sources of financing for the envisioned high priority

land development works;

Construction Rules

Article 42Construction rules shall 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 rules referred to in paragraph 1 of this Article shall determine:

1/ the type and intended use of structures that can be built under the 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 allowed 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 the protection of surrounding structures;10/ conditions for connecting to utilities and other infrastructure;

11/ architectural and aesthetic 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;

GraphicsArticle 43The graphics of the plan serve to present the planned solution, regulation and leveling.

The graphics referred to in paragraph 1 of this Article shall be 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 (hereinafter: backgrounds);

The graphical part of the plan referred to in paragraph 2 of this Article which representsan integral part of the General Plan and the General Regulation Plan may 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 may be analogue or digital.

BackgroundsArticle 44

Upon a request from a municipality or a municipality or the City of Belgrade (hereinafter: the

municipality), 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 municipality 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 shall be determined by a special regulation which setting forth the fees

for the use of surveying data and the services of the institution in charge of the matters of landsurveying and real estate cadastre.

If the municipality does not complete the updating within the deadline referred to in paragraph2 of this Article, the updating of the cadastral backgrounds shall be ensured by the ministry in

charge of Urban Planning, at the expense of the municipality.

Procedure for the development of an Urban Plan Program for the 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 shall 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 utilities

infrastructure; the need to remodel and reconstruct structures, structures listed in the inventory of

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

topographic backgrounds for plan’s development; documents and data relevant for thedevelopment of the plan; the need to designate Sites for public buildings and structures,

commercial andother structures;The program referred to in paragraph 1 of this Article shall contain:

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

construction land;

2/ the 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 publicutilities infrastructure;

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

stemming 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, inaccordance with the character and needs of the settlement.

Decision on the development of an Urban Plan

Article 46The 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 aninstitution designated by the assembly of a municipality, or town, or the City of Belgrade, after

having previously consulted the Commission.

The decision to develop an Urban Plan shall contain data on the type of plan, geographic limits of

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

The program for the 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 47By its decision on the Development of an Urban Plan elaboration, the relevant office of

the Municipality may restrict 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 the Urban Plan and the program referred to in Article45 of this Law shall be prepared by the relevant municipality administration in cooperation with

the Commission.

The relevant municipality 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 municipality 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.

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 Lawshall be published.

Project awarding shall be conducted according to a separate law. Development of urban plans

Article 50Urban plans may be developed by enterprises or other legal entities registered in the

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

Plans.

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

municipality for carrying out the task of Urban Planning.

The Chartered Urban Planner shall run the elaboration of Urban Plan.

The Chartered Urban Planner Article 51The Chartered Urban Planner 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 52Before submitting the proposed Urban Plan to the institution in charge of its adoption, the

Urban Plan shall be subject to the professional control and is presented to the public.

The expert control that shall be 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 pursuant to the law, compatibility of the plan with the Municipal Spatial 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 Municipal Spatial 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 urban planning. A report has to be made on the conducted

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

Presentation to the Public

Article 53The 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 no less than 15 and at no more

than 30 days from the day of announcement.



The presentation to the public shall be conducted by the pertinent municipality 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 remark.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, methodof 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 municipal assembly, or the assembly of a city or the

City of Belgrade, upon obtaining the opinion of the Commission.

The adopted Urban Plan must be accessible to the public.

The Minister in charge of urban planning shall prescribe in more detail the ways of access tothe adopted Urban Plan, as well as the manner of signing and sealing, forwarding, archiving,

copying and conceding the Urban Plan for a fee.

Changes and Supplements to the Urban Plan

Article 55

The review of solutions and the determination of existence of a need to initiate modifying or

supplementing the Urban Plan shall be carried out by the institution in charge of its adoption,upon expiration of the 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 shall be carried out according to the way and

procedure determined for its adoption.

Excerpt from an Urban PlanArticle 56

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

Ministry shall issue 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 shall contain all the conditions and data necessary for thedevelopment of a Conceptual Design, and in particular the regulation and construction

line and height restrictions and conditions.

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 issuance.

Zoning Requirements Act

Article 57For the purpose of construction of a structure 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 municipality administration, or the Ministry in charge of urban planning shall issue a Zoning

Requirements Act in accordance with the Spatial Plan.

For reconstruction of cultural assets and construction of structures in the zone of immovable

cultural assets or another immovable 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 competent authority or organization in charge of

the protection of cultural artifacts.

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



structure 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 shall contain 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 Zoning Requirements Act shall be issued within 30 days from the day that therequest was submitted along with the compensation for actual expenses.

Article 58The Zoning Requirements Act 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 this

Law, shall contain 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 1 of this Article for energy related structures that

require an energy license, shall be delivered in accordance with that license and the spatial plan.

The Minister in charge of urban planning shall prescribe the contents of the Act referred to in paragraph 1 of this Article in more detail.

Article 59In addition to the request for the issuance of the Act on Urban Planning 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.

Article 60The Minister in charge of Urban Planning affairs 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 Zoning Requirements Act for structures that require a

construction permit issued by the municipality or city administration.

The Urban Planning DesignArticle 61

The Urban Planning Design, when envisioned by a plan, shall be 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 Planning Design referred to in paragraph 1 of this Article is elaborated on theapproved topographic cadastral plan as an urban and architectural proposal of the intended

construction, and it shall contain:

1/ ground floor plan and site plan;

2/ conceptual architectural designs and landscaping plans;

3/ overall plan of utilities infrastructure with connections to the external network;

4/ Site plan with traffic layout and proposed parcels;5/ description, technical description and explanation of solutions from the Urban Planning

Design.The relevant municipality administration, having previously obtained the opinion by the

Commission, shall confirm that the Urban Planning Design has been prepared in accordance with

the Urban Plan. Prior to approving the project the institution in charge shall organize the project’s

presentation to the public.

Article 62

The Urban Planning Design 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 Planning Design shall be run by the Chartered Urban Planner, who

holds a degree in architecture.

Construction Parcel

Article 63A 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 construction 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 a change is in accordance with the conditions determined in the plan.

The expenses for correction of boundaries shall covered by the owners of cadastre parcelsto which the land has been merged.

Parceling

Article 65

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

conditions defined in Urban Planning Design (hereinafter: parceling).

Parceling shall be 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, an approved Urban Planning Design and a project of geodetic marks shall be

submitted.

Reparceling Article 66

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

and under conditions specified in Urban Planning Design (hereinafter: reparceling).

Reparceling shall be performed upon request and at the expense of the owner of that

cadastral parcel.Along with the request referred to in paragraph 2 of this Article, a proof of ownership, the

approved Urban Planning Design and the project of geodetic marks shall be submitted.

IV CONSTRUCTION LANDConcept

Article 67

Construction land is land on which structures have been built and the land that servesthe regular use of these structures, as well as 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 may be:

1/ public construction land;

2/ other construction land;

Public Construction Land



Article 69Construction 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 land which is, according

to the plan adopted in accordance with this Law, designated for construction of structures of general interest and for public areas, and is in state ownership.

Designating Public Construction Land

Article 70

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

with this Law and the Urban Plan.The Act that designates public construction land shall contain 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 municipality shall adopt an expropriation act, with the compensation paid according

to the law governing expropriation.

The municipality 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 datewhen this Law came to force.

If the municipality fails to 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 public

construction land by the municipality, after it has been acquired by the state in accordance withthe Law.

Public construction land may not be alienated from the state ownership. Development of Public Construction Land

Article 71Public construction land may be developed or undeveloped, constructed or unconstructed.

Municipality shall develop public construction land and provide for its use according to the

intended use envisioned in the plan, in accordance with this Law.

Development of public construction land shall be carried out in accordance with long-term,

mid-term and annual development programs.

Development of public construction land shall involve its preparation and equipping.

The minister in charge of Urban Planning and construction shall prescribe in more detail thecontents and manner of adopting the program for the development of public construction land

and other construction land in state ownership.

Preparing and Equipping Public Construction Land

Article 72

Preparation of land involves 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 utilities infrastructure and the development

of public areas.



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

protection of construction land, the municipality may form a public company or other

organization or ensure the carrying out these operations in any other manner, in accordance with

the municipality’s statute. Financing the Development of Public Construction Land

Article 73The financing of the development of public construction land shall be provided from the fundssecured 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 structures of

utilities infrastructure.Construction land development fee

Article 74The construction land development fee shall be paid by the Investor.

The amount of the construction land development fee shall be established by

a contract between the municipality 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 themunicipality.

The contract referred to in paragraph 2 of this Article shall govern mutual relations regardingdevelopment of construction land, the amount of compensation for the development, payment

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

works.Use of Construction Land

Article 75

Construction land shall be used as developed or non-developed.

Developed construction land is land improved with structures which are built

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 in breach of the law;

3. temporary structures are erected.

Temporary Leasing of Non-developed Public Construction Land

Article 76The municipality may, through public bidding or gathering of offers, temporarily lease non-

developed public construction land until such land is 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 municipality.

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

entering into the lease contract, to furnish the Main Design for erection and consequent

demolition of the temporary structure, with a demolition cost estimate. The funds equivalent to

the amount from the approved demolition cost estimate shall be deposited with an authorized

authority or organization at the conclusion of the temporary lease contract.

If the owner fails to remove the structure before the deadline specified in the contract,



the demolition and the removal of debris shall be done by the municipality 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 77The fee for using developed public construction land and other construction land in state

property shall be paid by the owner of the structure.As an exception, the fee referred to in paragraph 1 of this Article shall be paid by theholder of the right to use the entire structure or a separate part thereof, and when the structure or a

separate part thereof is leased, the fee shall be paid by the lessee of the structure 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.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 municipality, namely by the City of Belgrade.

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

according to the regulations governing taxation procedures and taxation administration.

Article 78The fee for use of other construction land which is not in state property shall be paid if

this land has been improved with basic utilities infrastructure (electrical network, water system,access road) using the resources of the municipality or other state resources.

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

that such land is not put to its intended use, or if it is not offered to be bought off by themunicipality for the purpose of putting it to its intended use within two years from the day of the

adoption of the Urban Plan.

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 1and 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 urbanconstruction land in state property prior to the day this Law came into force, shall remain in

state property, unless determined otherwise by a separate law.

For a part of land that was declared as urban construction land by a decision of a municipality

assembly, or a city assembly or the assembly of the City of Belgrade, and which, prior to the date

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

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 shall submit to the relevant municipality 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 no more than two years, counting from the date

when the decision on declaring construction land as public construction land shall be issued.The legally valid decision referred to in paragraph 5 of this Article satisfying the requestof the previous owner, shall represent a requirement for registering the corresponding change in

the public register of real estate and related rights.

Article 80

The municipality shall be responsible for the rational use of other construction land and may

bring programs to develop such land, especially for the purpose of developing larger zones

envisioned by the regulation plan.

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

to the law.Article 81 Non-developed other construction land in state ownership may be leased out, for the

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

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

highest amount of rent for such land.

Non-developed other construction land may be given for lease by direct agreement in thefollowing cases:

1/ construction of structures for the purpose of carrying out the activities of stateadministration and agencies, administration and agencies of autonomous provinces and of units

of 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 building such a

structure is in accordance with the provisions of the Urban Plan;

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

The procedure, conditions, manner, as well as the program of leasing out non-developed other construction land in state property shall be regulated by the municipality.

Article 82A contract to lease out non-developed other construction land in state ownership shall be

concluded between the municipality 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 30 days

from the day the decision on leasing the land has been adopted.The contract referred to in paragraph 1 of this Article shall contain 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 of non-compliance.

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 who

considers his rights injured by this fact, may file a court action for nullification of the contract,

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.



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

structures 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 fails to put it to its intended use within a deadline of one 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 passed by the relevant city administration.

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

in charge of financial and economic affairs within 15 days from the day the decision wasdelivered.

The ministry’s decision referred to in paragraph 9 of this Article shall not be subject to

administrative dispute.

Article 87

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

to intended purpose.The cessation of the right to use shall be established by a decision of the relevant municipality

administration.

In the 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 approvals

Article 88Construction of a structure shall be performed on the basis of a construction approval and against

the technical documentation for the construction of that structure.

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

form of a General Design, Conceptual Design, Main Design, execution project and As-built

Design.

Authority to Issue a Construction Approval Article 89

The construction approval for a structure shall be issued by the ministry in charge of constructionindustry (hereinafter: the Ministry), unless prescribed otherwise by this Law.

The issuance construction approval structures specified in paragraph 4 of this Article shall be the

responsibility of an Autonomous Province if these structures are constructed entirely on the

territory of that Autonomous Province.

The issuance of a construction approval for structures that are not listed in paragraph 4 of this

Article shall be the responsibility of a municipality, a city, or the City of Belgrade.

The Ministry shall issue a construction approval for:

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



supervision;

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

of at least two municipalities; oil, gas and oil derivatives storages of the capacity exceeding 500tons; 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 substations 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 structures 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 anddestroying 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 roads

to 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 municipalities, 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 90The Construction of structures or the performance of individual works may be initiated without

previously acquiring construction approval, if the structure 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 structures referred to in paragraph 1 of this Article may remain as permanent structures if the Investor obtains a construction approval within six months from the cessation of

circumstances that have prompted their construction.

Request for Issuance of Construction Approval

Article 91

Along with the application for construction approval the following shall be

submitted:

1/ the excerpt from the Urban Plan or Zoning Requirements Act, not older then six months;

2/ the Conceptual Design, in compliance with the excerpt or Act referred to in point 1 of this



paragraph;

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

structure 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 Zoning Requirements Act;

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 shall be issued by the Ministry or an Autonomous Province.

Conceptual Design

Article 92

A Conceptual Design shall particularly contain: a site plan, drawings defining the geometry of

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

estimated construction cost of the structure.

Site Plan

Article 93The site plan includes:

1/ lengths of certain 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 the street name.

Contents of a Construction approval

Article 94

A construction approval shall primarily contain 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 shall be issued through a decision within 15 days from the date of

submitting the application for a construction approval. The Conceptual Design and the excerpt

from Urban Plan or Zoning Requirements Act shall be constituent parts of the decision.

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

of issuing a construction approval.

Article 95Complaints regarding municipality administration decisions based on this Law shall be dealt with

by 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-degreedecisions regarding the construction and reconstruction of structures not exceeding 800 m2 gross

building area, and the conversion of common building area into residential or business space, onthe territory of the City of Belgrade.

Duration of a Construction Approval

Article 96The validity of a construction approval shall cease if the construction i.e. execution of works,

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

final.

Construction of Structures and Execution of Works

for which Construction Approval is not Required



Article 97The construction of auxiliary structures, substantial improvements of structures or removal of

obstacles for the handicapped shall be carried out as per the Conceptual Design.

Adaptation and recovery of structures shall be carried out as per the Main Design.The construction of structures and execution of works referred to in paragraphs 1 and 2 of this

Article shall be carried out on the basis of a notice.The ongoing maintenance of a structure shall be performed on the basis of a notice submittedtogether with a list of works.

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

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

Article.

In the case of works referred to in paragraphs 1 and 2 of this Article on structures of cultural

and/or historical significance and structures for which conservation requirements need to be

defined prior to renovation or reconstruction, the approval of the Conceptual or Main Design

issued by the office or organization in charge of the protection of cultural assets shall besubmitted.

A change of the intended use of a structure or a part thereof, which does not involve

construction, shall be performed 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 approvals, within seven days.

If the office in charge of issuing permissions to build determines that the notice is notaccompanied with required documents, or if the change of the intended use of the structure

referred to in paragraph 7 of this Article is contrary to the Urban Plan, or that the works stated inthe notice require construction approval, the office shall inform the Investors without delay no

later than within seven days from the day the notice was submitted.

Installation of Prefabricated StructuresArticle 98

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

terraces, movable stalls, etc.) shall be controlled and regulated by a municipality, or a city, or the

City of Belgrade.

The preparation of technical documentation for the installation of structures referred to in paragraph 1 of this Article shall not be subject to the requirements set forth in this Law.

Preliminary Works

Article 99Before starting the preparation of technical documentation for the construction of a structure for

which the construction approval shall be issued by the Ministry or the Autonomous Province,

preliminary works have to be done, based on the results of which a preliminary feasibilitystudy and a feasibility study shall be produced.

Depending on the kind and characteristics of the structure, the preliminary works shall 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.

The Preliminary Feasibility Study

Article 100

A preliminary Feasibility Study shall also contain a General Design.



A General Design shall particularly contain data on: the 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 immovable cultural assets; workability and

rationality of the solution.The Feasibility Study

Article 101A Feasibility Study also includes the Conceptual Design.

The Conceptual Design referred to in paragraph 1 of this Article, in addition to the data referred

to in Article 90 of this Law, shall primarily contain data on: micro-location of the structure,

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

calculations, foundation plan, construction shall mean 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 thesoil, workability, stability, estimate of environmental impact, natural and immovable cultural

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

transportation, maintenance, securing of energy and other expenditures.

Authorization for Elaboration of the Preliminary Feasibility Study and the Feasibility Study

Article 102

The preparation of the Preliminary Feasibility Study and the Feasibility Study may becarried out by an enterprise or another legal entity registered in then appropriate registry for

performing the activities of designing and engineering and fulfilling requirements regardingexpert staff and other requirements defined for enterprises that specialize in the preparation of

technical documentation for that type of structure.

Technical DocumentationThe Main Design

Article 103

The Main Design shall be developed in accordance with the construction approval for the needs

of constructing the structure.

The Main Design shall primarily contain: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 design of infrastructure with all connections and site improvements;

7/ measures for the protection of adjacent structures;8/ quantity takeouts and preliminary estimate

Upon the request of the Investor, the authorized enterprise or authorized organization shall be

obligated to submit all technical and other data needed for connecting the structure to

infrastructure, no later then 15 days from the day of applying.

The Detailed Design

Article 104

The Detailed Design shall be prepared for the needs of the actual construction if the

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



As-built Design

Article 105

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

for using and maintaining the structure.The As-built Design shall be prepared for all structures that require a construction

approval according to the provisions of this Law.The As-built Design is equivalent to the Main Design including the changes created duringthe construction of the structure, which are in accordance with the construction approval.

If the construction of a structure has been done strictly according to the Main Design, the

Investor and the Contractor shall confirm and certify in the Main Design that the structure upon

completion corresponds fully to that Design.

Article 106

The minister in charge of construction shall specify in more detail the methodology and

procedures for the realization of designs for the construction of 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 of structures for 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 with the proper registry for preparation of technicaldocumentation.

Technical documentation for the construction of a structure for which the constructionapproval shall be issued by a Ministry or Autonomous Province may be prepared by an enterprise

or other legal entity registered with the proper registry for preparation of technical documentation

for that type of structures and employing persons holding a license for Responsible Designer and required professional results in preparation of technical documentation for structures of that

type and use.

It shall be considered that a person possesses professional results referred to in paragraph 2

of this Article if that person has prepared or participated in the preparation, namely technical

control of technical documentation that was used for the construction of structures of the sametype and use.

The Minister in charge of construction shall establish whether the conditions referred to

in 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 the cessation of validity of the act onfulfillment of conditions (license), if it is determined through subsequent verification that the

enterprise or said legal entity is not meeting the conditions prescribed in paragraph 2 of thisArticle, as well as in the case it is determined through subsequent verification that the said

license has been issued on the basis of inaccurate and false information.

The technical documentation shall be signed by the Responsible Designer.

The cost of verification of conditions referred to in paragraph 4 of this Article shall be borne by

the party filing the request.

The amount of the fee referred to in 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 shall mean, methods



and contents of the data for establishing fulfillment of the conditions referred to in 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 thatserve as a basis for preparing technical documentation may not participate in the preparation of

technical documentation.A person supervising the observance of provisions of this Law may not participate in the preparation of technical documentation.

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 immovable cultural asset may be prepared by an organization that carries out the activities

of protection of cultural assets.

The Responsible Designer

Article 109The Responsible Designer may be a person with an appropriate university degree or

specialization and holding a designing license.

The Responsible Designer’s license may be obtained by a person with the appropriate 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 ResponsibleDesigners or the Chamber of Engineers.

The professional results for a Responsible Designer referred to in paragraph 1 of this Article refer to the results achieved in the management and preparation or cooperation in the preparation of at

least two designs.

Design ReviewArticle 110

The General Design and Conceptual Design, Preliminary Feasibility Study and Feasibility

Study for structures referred to in paragraph 4, Article 89 of this Law, are subject to review

(professional control) by a commission that shall be formed by the Minister in charge of

construction (hereinafter: the Review Commission).The Review Commission for the professional control referred to in paragraph 1 of this

Article, regarding structures referred to in Article 89, paragraph 4, points 11-17 of this Law, and

shall be formed by the Minister in charge of construction upon the proposal of the ministry in

charge of transportation and telecommunications.

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 andtechnological characteristics of the structure, technical, technological and organizational

solutions 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 Review Commission shall submit to the Investor a report with the proposal of

measures that the Investor shall be obliged to implement during the preparation of the Main

Design regarding the solution referred to in paragraph 3 of this Article.

The revision expenditures shall be borne by the Investor.



The Minister in charge of construction shall determine the amount of expenditures referred to in

paragraph 6 of this Article.

Technical Control

Article 111The Main Design shall be subject to technical control.

Technical control of the Main Design may be carried out by an enterprise or other legalentity that fulfills the conditions for preparation of technical documentation prescribed by thelaw and is designated by the Investor.

Technical control of the Main Design may not be carried out by the Responsible Designer 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 Design shall particularly comprise: the verification of the

compatibility of the design 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 shall mean andmethods; 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 mutual conformity of all parts of technical

documentation.

Technical control of the Main Design for construction of the structure referred to in

Article 89, paragraph 4 of this Law, shall also include the verification of compatibility with the proposal of measures presented in the report of the Review Commission.

If changes of technical regulations, standards and quality norms are enacted before the beginning of the construction of the structure, the Main Design shall be changed so as to reflect

these changes and will again be subject to technical control.

The expenditures for technical control of the Main Design shall be borne the Investor.Technical Documentation prepared in accordance with the regulations of other countries

shall be 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 Design, a report shall be prepared and

signed by the Responsible Designer, while the accuracy of the Main Design shall be confirmed(signed and sealed) on the project itself.

The report on the performed technical control 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 of Technical Documentation

Article 112The authority in charge of issuing the construction approval shall permanently keeps one original

counterpart the documentation that served as a basis for issuing construction approval, and/or acopy of the technical documentation for building such structure.

Construction Preliminary Works

Article 113

If preliminary works are carried out before the beginning of construction (works

preceding the construction of a structure and related primarily to: construction and

installation of temporary auxiliary structures for the needs of construction works, securing the

space for unloading and storing construction materials and other works ensuring the safety of



adjacent structures, consolidation of space and providing unobstructed circulation of traffic and

use of adjacent spaces), the Investor shall be obliged to notify the relevant municipal authority

about such works.

Along with this notice, the preliminary works design and the construction approval shallalso be submitted.

The authority referred to in paragraph 1 of this Article shall confirm, on the preliminaryworks design, the receipt of the documentation and proofs submitted along with the notice of preliminary works.

The preliminary works design shall be 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 design.

The Investor shall be obliged to notify the authority which has issued the construction approval

about the beginning of execution of works referred to in paragraph 1 of this Article.

Notice of the Start of ConstructionArticle 114The Investor shall inform the authority in charge of issuing construction approval, within a

period of eight days before beginning the construction, about 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 Design with a confirmation of and a report on the completed technical control,construction approval, proof of payment of fee for the development of construction

land and proof that the administrative fee has been paid.The authority referred to in paragraph 1 of this Article, shall confirm on the

Main Design that it has received the documentation within eight days of the receipt.

If the authority in charge of issuing the construction approval determines that the requireddocumentation has not been submitted along with the notice on the start of construction, it shall

inform the Investor thereof without delay, and no later than within eight days from the day of

filing the notice.

The notice referred to in paragraph 1 of this Article or the structures 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 Design, 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 municipal authority in charge of inspection, that theconstruction of the structure referred to in Article 89 has started.

The minister in charge of construction shall prescribe in more detail the contents of the notice of the start of the construction.

Preparation for Construction

Article 115Before 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 being



erected, Responsible Designer, construction approval, Contractor, construction start date and

deadline for completion of construction works.

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 rightsand obligations of the Contractor according to the provisions of this Law.

The Contractor

Article 116The construction of a structure and related construction works may be managed by an

Enterprise or other legal entity registered with the proper registry for constructing such structures

or performing such works (hereinafter: the Contractor).

The construction of a 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

proper registry for constructing such structures or performing such works, which employs

persons holding a license of responsible contractor and posses the appropriate professional

results.It shall be 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 in charge of construction upon the proposal of the expert commission formed on

his initiative.The costs of verification of conditions referred to in paragraph 4 of this Article shall be borne by

the party filing the request.The amount of the costs referred to in 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 shall mean, methodsand contents of the data for establishing the fulfillment of the conditions referred to in paragraph

4 of this Article, as well as for revoking the license.

The Responsible Contractor

Article 117

The Responsible Contractor shall manage the construction of structures and related constructionworks.

The Responsible Contractor may be a person with the appropriate university degree and a

license for performing construction works.

A license for Responsible Contractor may be obtained by a person with the appropriate

university 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 andrecommendations by at least two responsible contractors or the Chamber of Engineers.

Professional results in construction of structures as referred to in paragraph 3 of thisArticle 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, finishing works, site improvement, etc.).

Obligations of the Contractor and Responsible Contractor

Article 118



The Contractor shall:

1. sign the Main Design certified in accordance with Article 113 of this Law, before

beginning the construction.

2. officially designate the Responsible Contractor on that construction site.3. furnish the construction contract and documents on the basis of which the structure is

constructed.The Contractor shall inform the authority which has issued the construction approval as well asthe administration of the municipality on whose territory the structure is constructed, about the

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

governing geodetic works.

The Contractor shall warn the Investor in writing, and if necessary the authority supervising

the application of the provisions of this Law, about any shortcomings in the technical

documentation and about the occurrence of any unexpected circumstances that affect the performance of works and the application of the technical documentation (changes in the

technical regulations, standards and quality norms after carrying out the technical control, the

appearance of archeological sites, landslides, underground waters etc.).

The authority in charge shall, within three days from the date of receiving the information

referred to in paragraph 2 of this Article, carry a complete the control of compatibility of the

constructed foundations with the Main Design, and shall issue a written statement.The Responsible Contractor shall:

1/ perform works according to the documentation on the basis of which the constructionapproval has been issued, in accordance with the Main Design, and the regulations, standards,

technical norms and quality standards applicable to the particular kind of works, installations

and 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, persons on the construction site and surroundings (adjacent

structures and roads);

4/ provide evidence on the quality of the performed works and of the installed material,installations and equipment;

5/ keep a construction diary and inspection book;

6/ provide measurements and surveying of the soil and structure movements during

construction;

7/ secure the structures and the surroundings in case of work interruption;

8/ make sure that the construction contract, decision on the designation of the ResponsibleContractor for that construction site, the Main Design and the documentation based on which the

structure is constructed, are available on the premises.The Minister in charge of construction shall regulate in more detail the content and manner of

keeping the inspection book and the construction diary.

Deviation from the Design

Article 119

If, during the construction of a structure, because of unpredictable changes in

circumstances, it becomes necessary to depart from the documentation on the basis of which the

construction approval was issued or from the Main Design, the Investor shall obtain a



construction approval according to the altered documentation, namely the Investor shall change

the Main Design with a certification of the relevant authority that it has received this Main

Design.

Any deviations from the position, dimensions, intended use and shape of the structure determinedin the construction approval or the technical documentation shall be considered as a deviation as

referred to in paragraph 1 of this Article. Expert Supervision

Article 120The 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 shall comprise: verifying if the construction proceeds in accordance

with the construction approval and the Main Design; 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 Designer in order to provide the details of construction shallmean and methods, and resolving any other issues arising in the course of construction.

Expert supervision may be performed by a person meeting the conditions provided for by

this Law for performing the task of Responsible Designer or Responsible Contractor.

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 approvalwithin the authority in charge of issuing construction approvals.

The Minister in charge of construction shall define in more detail the manner and procedure of performing expert supervision in the course of construction of structures.

Technical Inspection of a Structure

Article 121The suitability of a structure for use shall be determined by 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

Design, namely 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 simultaneously

with 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 type of works or materials, equipment and installations.

Technical Inspection Commission

Article 122Technical inspection of the structures referred to in Article 89, paragraph 4 of this Law shall be

carried out either by a commission formed by the Minister in charge of construction or by an

enterprise or other organization registered with the proper 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 the proposal of the ministry of transportation and telecommunications or an



enterprise or other organization registered with the proper registry for these works and assigned

to perform these works.

Technical inspection of structures for which the construction approval has been issued by the

relevant authority of an Autonomous Province shall be carried out by a commission set up by thatauthority or an enterprise or other organization which is authorized to carry out these works and

registered with the proper registry for carrying out these works.Technical inspection of structures for which the construction approval has been issued by therelevant office of a municipality or city administration shall be carried out by the commission

formed by that administration or enterprise, namely another legal person which has been assigned

the performance of these works and that is registered with the proper 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 123A person fulfilling the conditions which this Law provides for performing the task of Responsible

Designer or Responsible Contractor that kind of structure 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 building approvals by the competent authority may not participate in carrying out technical

inspection.Technical inspection of a structure or a part thereof may not be carried out and a structure

or its part may not be approved for use if such structure or a part thereof has been constructed

without a construction approval and without a Main Design.Trial Operation

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 technical

inspection may propose to the relevant authority to approve trial operation of the structure,

provided the requirements for trial operation are fulfilled.

The act on approval of trial operation of a structure establishes the trial period of

that may not exceed one year, as well as the obligation of the Investor to follow

the results of trial operation and to submit to the relevant office, upon expiration of the trial period, information on the results of the trial operation.

The Technical Inspection Commission or an enterprise or other legal person assigned to carryout these works, shall verify during the probation period whether the requirements necessary for

issuing the occupancy permit have been met and shall, upon expiration of the trial period, submit

its report to the authority in charge of issuing occupancy permits.

Occupancy Permit

Article 125Structures may be utilized upon obtaining the occupancy permit.

The authority competent for issuing construction approval shall issue the occupancy permit



within seven days 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 andtelecommunications.

The occupancy permit shall be issued for the whole structure or a part thereof representing atechnical and technological unity and, as such, may be utilized independently, or when a separate construction approval has been issued for the construction of that part of a

structure.

The occupancy permit shall be issued when it is established that the structure or a part thereof is

suitable for use.

The occupancy permit shall also include the warranty term for the structure itself and for

individual types of works, as stipulated by special regulations.

A structure shall be considered suitable for use: if it is built in accordance with the construction

approval and technical documentation that served as the basis for construction, if evidence of therequired quality of works and materials, installations and equipment is provided by authorized

organizations, if a geodetic 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 construction approvals may form

an expert commission for continuous monitoring 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 structures or works.

Maintenance of Structures

Article 126The 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,

extraordinary and specialist inspections of the structure, in accordance with specific regulations.

Article 127

A structure being built or the one that has been built without a construction approval anda Main Design, may not be connected to electrical, thermo-energetic or telecommunications

networks, water lines and sewers.

VI. PROFESSIONAL EXAM AND LICENSES FOR RESPONSIBLE PLANNER,

CHARTERED URBAN PLANNER, DESIGNER AND CONTRACTOR

Article 128A professional exam representing 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 urban planning and construction shall specify 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 Chartered Urban Planner, ResponsibleDesigner and Contractor, as well as for the Responsible Planner, in accordance with the Law.



The expenses of issuing the license referred to in paragraph 1 of this Article shall be covered by

the applicant.

The Chamber of Engineers may pass a decision revoking the issued license if it is determined that

the authorized person performs unprofessionally and incompetently the functions covered by thatlicense.

A complaint may be addressed to the Minister in charge of urban planning and constructionagainst 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 OF SERBIA

Article 130

The Serbian Chamber of Engineers (hereinafter: 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 the 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 spatial planners, who hold a license

referred to in Article 129, paragraph 1 of this Law.

The Chamber is a legal person with headquarters in Belgrade.

Article 131

The Chamber shall carry out the following functions:1/ establish professional rights and duties and ethical norms of its members’ behavior in

carrying out duties of preparation of urban plans, designing and construction;

2/ establish the fulfillment of conditions for issuing a license for Responsible Planner, UrbanResponsible Planner, Responsible Designer and Responsible Contractor, in accordance with the

provisions of this Law;

3/ verify the compatibility of issued licenses with other countries’ regulations;

4/ keep a record of the persons referred to in point 2 of this Article;

5/ organize courts of honor for determining violations of professional standards andnorms (professional responsibility), as well as for sanctioning these violations;

6/ carry 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 shall be regulated more precisely by the Statute and general acts of the Chamber;

The ministry in charge of urban planning and construction shall approve the Statute and

the general acts of the Chamber, after having obtained an opinion of the Autonomous Province’ssecretariat for urbanism and construction.

Article 132The Chamber’s bodies shall be: the Assembly, Managing Board, Supervisory

Board and the President.

The Chamber shall be organized in parent sections for spatial planners, urban planners,

designers and responsible contractors.

The activity of a parent section shall be managed by its Executive Board.

The Managing Board shall consist of the President, the Vice-President, three representatives

of the ministry in charge of urban planning and construction and the presidents of executive

boards of



the parent sections.

The number, composition, authority and method of electing bodies referred to in

paragraphs 1, 2, 3 and 4 of this Article shall be determined in the Statute of the Chamber.

Article 133The Chamber shall obtain the funds necessary for its activities from membership fees,

fee for the determination of fulfillment of conditions for responsible urban planners, projectengineers, responsible contractors and responsible spatial planners, from grants, sponsorships,gifts and other sources, in accordance with the law.

The Chamber shall set the amount of the membership fee and the fee for issuing the license

referred to in paragraph 111 of this Article, upon prior approval of the minister in charge of

construction.

Supervision of the legality of work of the Chamber shall be carried out by the ministry in

charge of urbanism and construction.

VIII DEMOLITION OF STRUCTURES

Article 134Municipal or city authorities shall order or pass a decision approving, ex officio or upon request

of an interested party, the 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 threat to

human life and health, the adjacent structures and traffic safety.

The decision referred to in paragraph 1 of this Article may be carried out if the issue of

providing accommodation for the structure’s users is resolved beforehand, unless when thedemolition of the structure is approved upon request from the owner or the person using that

structure and authorized to dispose of it.An appeal against the decision on the demolition of the structure shall not delay the execution of

the decision.

The municipal assembly or the city assembly shall arrange and provide conditions andmeasures that need to be introduced and taken during the demolition of a structure that poses a

direct threat to human life and health, the adjacent buildings and traffic safety.

Article 135

If the municipal or city administration establishes that a direct threat to human life and health, the

adjacent buildings and traffic safety may also be remedied by reconstructing a structure, it shallinform the owner or the person authorized to dispose of the structure so that necessary measures

may be taken, in accordance with the law.

The decision approving the reconstruction of a structure referred to in paragraph 1 of this

Article shall specify the deadline for completion of the reconstruction works.

If the reconstruction of a structure is not completed before deadline, the municipal or city

administration shall order or pass a decision approving, ex officio or upon requestof an interested party, the demolition of that structure.

Article 136The demolition of a structure referred to in Articles 134 and 135 of this Law may be

carried out by an enterprise or other legal person registered with the proper

registry for the construction such structures or performance of works.

If the demolition of a structure, which is being constructed or whose construction

has been completed without a construction approval and without Main Design, is administered by

the municipality or the city, it may be performed, at the expense of the Investor, by an enterprise

or legal entity registered with the proper registry for construction such structures or performance

of works.



The demolition of the structures referred to in paragraph 1 and 2 of this Article shall be

managed by the Responsible Contractor.

IX SUPERVISION

Inspection SupervisionArticle 137

Supervision over the implementation of the provisions of this Law and the regulations based on it shall be carried out by the ministry in charge of urban planning and construction.Inspection supervision shall be conducted by the ministry through inspectors within the scope

of its authority as defined by the law.

An autonomous province shall be assigned with carrying out the inspection supervision in the

area of urban planning on the territory of that autonomous province over the construction of

structures the construction approval for which they shall issue pursuant to this Law.

A municipality or a city or the City of Belgrade shall be assigned to carry out inspection

supervision over the construction of structures for which they are issuing construction approvals,

pursuant to this Law.The duties of Urban Planning Inspector may be carried out by a person holding a graduated

architect or structural engineer, having at least three years of professional experience and a

successfully passed professional exam and which is meeting other requirements prescribed by

law. The duties of inspection supervision assigned to the municipality by this Law may

also be carried out by a person with an associate degree in structural engineering or architecture,

at least three years of professional experience, a successfully passed professional exam, and whois meeting other requirements prescribed by law.

The minister of urban planning and construction shall specify in more detail the form andcontents of urban, construction and surveying inspector identification cards.

Rights and Duties of the Urban Planning Inspector

Article 138While carrying out inspection supervision, an Urban Planning Inspector shall check:

1/ whether an enterprise or other legal person developing spatial and urban plans or carrying

out other tasks defined in this Law, is fulfilling the prescribed conditions;

2/ if the plan pertaining to the 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 Zoning Requirements Act, the excerpt from the Urban Plan, or the Urban Planning

Design are prepared and issued in accordance with this Law;

4/ if the conceptual design 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 Zoning

Requirements Act;

5/ if the changes of the spatial conditions are implemented in accordance with this Law andthe regulations adopted pursuant to the law;

An enterprise or other legal person developing Spatial and Urban Plans or carrying outother tasks defined in this Law, an enterprise or a person implementing changes in the space, the

relevant municipality or city administration shall be obliged to enable the Urban Planning

Inspector to have complete and unhindered access to the available documentation.

Authority of the Urban Planning Inspector

Article 139

In conducting inspection supervision, the Urban Planning Inspector shall be authorized to

take the following measures:

1/ if he establishes that an enterprise or other organization developing a Space or Urban Plan



is not fulfilling the conditions prescribed by law, he will prohibit by a decision the further

development of that Space or Urban Plan;

2/ to pass a decision ordering the municipality or city administration to annul, within a deadline

not exceeding 15 days, the Zoning Requirements Act, excerpt from the Urban Plan, or the UrbanDesign, if he establishes that such acts 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 supervision, if he establishes that the Conceptual Design, based on which the

construction approval was issued, had not been developed in accordance with the Urban Plan or

the Zoning Requirements Act;

4/ to inform the competent authority or the competent 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 pursuant to the law.

5/ to inform the authority in charge of adopting the Space or Urban Plan, and to propose to the

minister in charge of urban planning 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

through which it was adopted were not followed as prescribed by the law.

6/ to immediately inform the minister in charge of urban planning, 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 are not in

contravention of the provisions of this Law and the plans adopted pursuant to this Law.In the case referred to in paragraph 1, point 1 of this Article, an enterprise or an organization

or other legal person may continue to develop the Urban Planning documentation uponremedying the established shortcomings, informing in writing the inspector who has issued the

decision prohibiting the further developing of that documentation that the irregularities have been

remedied, and receiving the inspector’s approval. Rights and Obligations of the Construction Inspector

Article 140

While carrying out inspection supervision, the Construction Inspector shall check :

1/ if an enterprise or other legal entity, or an office building 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 has been issued for the structure that is being constructed and for

related works;

3/ if the beginning of building the structure and performing related works have been

properly reported;

4/ if the construction site has been properly marked;5/ if the structure is being constructed according to the construction approval and the Main

Design;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 threaten the safety of

its use and its surroundings;

9/ if the Contractor is keeping, in the prescribed manner, the construction diary and the

inspection book;



10/ if the proper surveying and maintenance of the structure are conducted during its

construction and use;

11/ if an occupancy permit has been issued for the structure in use;

12/ if the occupancy permit has been issued in the proper manner;13/ carry out other duties prescribed by the law and regulations adopted pursuant to the

law;The Construction Inspector shall be authorized to oversee the use of a structure and to undertakemeasures if he establishes that the use of the structure threatens life and health of people, safety

of surrounding area and the environment or that its use other than for the intended purpose

threatens the stability and safety of the structure;

Authority of the Construction Inspector

Demolition

Article 141

In conducting inspection supervision, a construction inspector shall be authorized to take

the following measures:

1/ to pass a decision ordering the demolition of the structure, if the structure is being constructed

or its construction has been completed without a construction approval and without prior

announcement of the beginning of the structure’s construction and the one of related works, or

without the Main Design;2/ to pass a decision ordering the suspension of works and to set a deadline not exceeding 30

days for obtaining a new construction approval or for changing the existing Main Design, if the

structure is not being constructed according to the construction approval and the Main Design,

and if the Investor fails, within the prescribed deadline, to obtain a construction approval or

fails to change the Main Design, to pass a decision ordering the demolition of the structure or a

part thereof;3/ to pass a decision ordering the demolition of the structure or a part thereof, if the construction

and related works continue after the passing of the decision on suspension of works.The decision on demolition shall also pertain to parts of the structure which are not described inthe decision and which have been created after the making of the annotation and shall constitute a

single construction entity.

Suspension of Works

Article 142

If, in carrying out the inspection supervision, the construction inspector establishes that:

1/ in the course of construction, measures have not been implemented to safeguard the structure,

the traffic, the surroundings and to protect the environment, he shall pass a decision ordering the

Investor and/or the Contractor to undertake measures for remedying these shortcomings within agiven deadline and shall suspend further execution of works until these measures are

implemented under threat of forced execution 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 remedied;

3/ the construction site has not been properly marked or if the written statement

confirming that the foundations have been built in conformity to the Main Design has not beenobtained, he shall pass a decision ordering the suspension of works and will set a deadline, notexceeding three days, for remedying such shortcomings.

Prohibition



Article 143If, in carrying out the inspection supervision, 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 pass a decision prohibiting the continuation of works, until the said conditions are met;

2/ there are shortcomings on a structure under construction or one already completed andthat such shortcomings represent an imminent threat to the stability and safety of the structureand its surroundings and the life and health of people, he will pass a decision prohibiting the use

of the structure or a part thereof until the shortcomings are remedied;

3/ a structure for which a construction approval has been issued is used without the occupancy

permit, he shall order to the Investor to obtain the occupancy permit within a specified

timeframe of no less than 30 days and not exceeding 90 days and if the Investor fails to obtain

such permit within the given deadline, the Construction Inspector shall pass a decision

prohibiting the use of the structure;

4/ the use of a structure is posing a threat for life and health of people, for the safety of surrounding area or environment, he will order the necessary works or prohibit the

use of the structure or a part thereof;

Order

Article 144

If, in carrying out the inspection supervision, the construction inspector establishes that

during the construction or use of the structure, the proper supervision and maintenance of thestructure are not being carried out he will issue a decision ordering the Investor and the

Contractor or the user of the structure to remedy the identified shortcomings.

Article 145The Urban Planning Inspector, namely the Construction Inspector, shall also submit the decision

referred to in Articles 139, 141, 142, and 143 paragraphs 1 and 2, of this Law, to the Chamber.Article 146

In the process of issuing a decision 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 thestructure under construction or in use, accompanied by the Inspector’s annotation on the date,

time and place of delivery.

The inspector shall establish the cases referred to in Articles 141, 142, 143 and 144 through an

annotation on the decision or the order and confirm it by his signature. The annotation 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 such data are available, failing which the action shall be takenagainst an unknown person. The appearance of the Investor or the Contractor at a later time or

any change on their side shall not interrupt the procedure or extend the deadlines.

Article 147A complaint may be filed against the Construction Inspector’s decision within 15 days from

the date of receipt of the decision.

An Autonomous Province is authorized to adjudicate the complaint against the decision

passed in the process of inspection supervision with respect to structures being

constructed on its territory.

The complaint against the decision referred to in paragraph 1 of this Article shall not delay

the implementation of the decision.



Article 148If, while conducting inspection supervision, a Survey Inspectors 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 decision ordering measures for remedying the shortcomings and he shallinform the Construction or Urban Planning Inspector on this fact.

X. PUNITIVE PROVISIONS

Criminal Offences

Article 149

An entrepreneur who is a Contractor or responsible person within a legal entity acting as

Contractor on a structure being built without a construction approval and the Main Design,

shall be punished for that criminal offence by imprisonment of up to one year (Article 88).A natural person who is the Investor or a responsible person within a legal entity acting as

the Investor of the structure being built without construction approval and without the

Main Design, shall be punished for that criminal offence by imprisonment of up to three years(Article 88).

Article 150

A natural person who connects, or a responsible person within a legal entity who

allows the connection of a structure being built or completed without a construction approval and

without the Main Design, to the electrical or telecommunication networks, water service andsewer shall be punished for that criminal offence by imprisonment of up to three years (Article

88).

Civil Offences

Article 151

An enterprise or other legal entity acting as Investor will be punished for a civil

offence by a fine of 50.000 to 450.000 dinars, if he:1/ assigns the preparation of technical documentation to an enterprise or other organization that

does not meet the prescribed requirements. (Article 107);2/ assigns the control of technical documentation to a person that does not meet the prescribedrequirements (Article 111);

3/ fails to secure expert supervision over construction of a structure (Article 120);

4/ continues with the performance of works even after the issuance of a decision on the

suspension thereof (Article 142.);

A responsible person within an enterprise or other organization or other legal person acting

as Investor shall also be punished for the civil offence referred to in paragraph 1 of this

Article, by a fine ranging from 10.000 to 30.000 dinars.

Article 152An enterprise or other legal entity constructing a structure shall be punished 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 Design 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 Article 118, points 1 through 6 of this Law;

3/ continues with building the structure after the issuance of the decision ordering the cessation of construction works (Article 142);A responsible person within an enterprise or other legal entity that is constructing or



executing works shall also be punished for the Civil offence referred to in paragraph 1 of this

Article by a fine ranging from 10.000 to 30.000 dinars.

Misdemeanors

Article 153An 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 punished for the misdemeanor by a fine ranging between 50.000 and 400.000 dinars if itfails to 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 also be punished for the

misdemeanor 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 punished for misdemeanor by a fine rangingfrom 50.000 to 400.000 dinars if it fails to enable the Urban Planning Inspector to have a

complete and unobstructed access to the available documentation (Article 138).

A responsible person within an enterprise or other legal entity shall also be punished for the

violation referred to in paragraph 1 of this Article, by a fine ranging between 10.000 and 20.000

dinars.

Article 155An enterprise or other organization or other legal entity constructing a structure shall be

punished for misdemeanor by a fine ranging from 10.000 to 400.000 dinars if it:1/ fails to 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/ fails to 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 shall also

be punished for the misdemeanor referred to in paragraph 1 of this Article by a fine ranging

between 5.000 and 20.000 dinars.

Article 156

A responsible official in the competent municipal authority shall be punished by a 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 the Urban Plan (Article 48);2/ issues a construction approval contrary to this Law and to the regulations adopted pursuant to

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 annotation on the Main

Design 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 zoning conditions,

construction approval, or a usage permit within prescribed timeframe (Articles 56, 57, 94 and



nominees in the Ministry of Urbanism and Construction (Institute for Spatial 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 thespecified work.

Article 167The President and members of the Council and the Supervisory Board, as well as theDirector 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 Spatial plan of the Republic of Serbia shall apply until the adoption of the Space

Development Strategy of the Republic of Serbia.

Municipalities shall adopt temporary construction rules within 6 months from the effective datethis Law, pending the adoption of an urban plan.

Pending the adoption of general conditions for parceling and construction, the Bylaw

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 constructionapprovals shall be obtained, in the course of its official duties, by an authority in charge of

issuing construction approvals, at the Investor’s expense.

Article 169Urban plans adopted prior the day this Law comes into force shall be applied in parts that

are not contrary to the provisions of this Law and to the plans adopted pursuant to this Law.The authority in charge of adopting the Urban Plan shall pass 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 Zoning Requirements Act 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 deadlinefor the adoption of new Urban Plan expires. The requirements for the connections to the traffic

infrastructure and other utilities shall be obtained ex officio by the authority in charge of issuing

construction approvals, at the Investor’s expense.

The plan, for which the relevant authority does not issue the decision referred to in paragraph 2 of

this Article prior to the prescribed deadline shall cease to be valid.

The authorities and organizations in charge of issuing the approval referred to in Article 168 paragraph 4 of this Law and in paragraph 3 of this Article shall issue such approvals or

requirements within 30 days from the date the application for their issuance was made.

Article 170A municipality, a city or the City of Belgrade shall adopt a spatial 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 urban planning will secure the development of the plan referred to in paragraph 1 of

this Article at the expense of the municipality, the city or the City of Belgrade.

The procedure for development and adoption of a spatial and/or an urban plan initiated

before the effective date of this Law shall continue in accordance with the provisions of this Law.



Article 171Ruling on the applications for building permits, occupancy permits and on the other

requests for ruling on 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 172The Chamber shall start its official activities within no more than 90 days counting from the datethis Law came into force.

The preparations for the commencement of the Chamber’s activities shall be made by

the ministry in charge of urban planning and construction.

Article 173

Pending the beginning of the Chamber’s activities, the licenses for responsible urban planers,

responsible designers and contractors, as well as for spatial planners, shall be issued by the

minister in charge of urban planning and construction, in the way and under conditions prescribed

by this Law, whereby the recommendations for issuing licenses shall be given by persons having professional achievements in managing the corresponding tasks.

Professional achievements referred to in paragraph 1 of this Article shall include

the management of development of at least four urban Plans, or four spatial plans, or at least four

main designs according to which structures of the corresponding type and use have been built

or the construction of at least four structures of the corresponding type and use.

Article 174As of the effective date of this Law, the provisions of laws and regulations that are

contrary to this Law shall cease to be applicable in the procedure of issuing constructionapprovals 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 Settlements (‘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 and16/97);

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, theregulations issued pursuant to 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 176This Law shall come into force on the eighth day upon its publication in the “Official Gazette of

the Republic of Serbia”.