WHAT DOES THE DRAFT AMENDMENT TO THE PLANNING AND CONSTRUCTION LAW BRING TO US

06. Feb 2023
Photo: Freestockcenter on Freepik

Abolition of conversion payments for construction land, introduction of an energy passport for all new buildings, introduction of the institution of the chief state urban planner, faster obtaining of building permits, as well as the connection of all users of municipal or city facilities to the existing infrastructure in order to reduce the number of individual fire pits and save energy, are some of the most important novelties found in the Draft amendment to the law on planning and construction, according to Politika.

The conversion payment for construction land will be finally abolished, while the fee for converting the right of use into a right of ownership will be paid by sports associations, housing cooperatives, and agricultural cooperatives, as well as those to which Annex G on succession applies.

In addition to the repeal of the Law on conversion with compensation for a certain category of persons, the most represented owners of which are the owners of privatized companies, which has significantly hampered construction, everyone who wants to build something in the future will get building permits much faster.

The electronic system for issuing construction permits (CEOP) will be considerably improved by introducing new functionalities and improving the existing ones, especially with the introduction of e-space, which makes the procedure for drawing up planning documentation more efficient and faster. The Draft amendments to the law on planning and construction envisage the introduction of a chief state urban planner, which is logical because cities have city planners. This will bring order to the area of spatial and urban planning on the territory of Serbia. Also, the Agency for Spatial and Urban Planning will be formed, which transfers part of the competence of the Ministry of Construction, Transport, and Infrastructure to the Agency.

It is also very important that the protection of protected natural and cultural areas be strengthened. In the future, the Government of Serbia will adopt a special-purpose area plan for those units due to the importance of this area and observed irregularities in the adoption of urban plans by local governments, which in some areas led to significant devastation of space.

Local self-governments are required to adopt planning documents for at least 70 percent of the construction area, which enables legal construction and acts as a preventive measure against the occurrence of illegal construction.

The novelty is that information about the location will be issued by public notaries because part of the authority from the state authority is transferred to them, which should make the process of obtaining the necessary construction documents more efficient.

In order to obtain conditions from holders of public authorities faster and more efficiently, it is stipulated that they can be obtained by the investor outside of the unified procedure, with the request for the issuance of location conditions attached in the form of an electronic document.

Among the news is also the abolition of the lex specialis for line infrastructure facilities.

During the certification of the real estate purchase agreement and the conclusion of the lease agreement, a certificate on the energy properties of the building (an "energy passport") must also be submitted, which further improves energy efficiency in buildings. This is in compliance with the EU Energy Performance of Buildings Directive. In addition to the long-term strategy for encouraging investment in the renovation of the National Building Fund, the government also adopted the National Methodology for the Calculation of the Energy Characteristics of Buildings. The novelty refers to buildings that will be built after the entry into force of the law. Therefore, all new buildings must have a certificate on the energy performance of the building.

For buildings of public purpose, the republic, provinces, local self-government enterprises, and institutions have a three-year deadline to obtain a green certificate. For buildings that were built earlier, legal entities have a period of five years to complete studies for obtaining an energy passport. This period is ten years for old residential buildings, with the exception that for these buildings, the local governments will do the elaborations at their own expense, without the right to charge the tenants. 

An important novelty is that all owners of buildings must be connected to the existing infrastructure, especially the infrastructure of water supply, sewerage, gas pipelines, and district heating, but the owner of the building is not obliged to pay for the connection. The goal is to connect all users in municipalities and cities to the infrastructure. This will significantly reduce individual fire pits, i.e., save energy, without the user having any financial expenses.

Investors who, upon completion of the facility, obtain a green building certificate have the right to a reduction of the calculated contribution for the development of construction land in the amount of ten percent.

Investors must submit an insurance policy against damage to third parties that may arise during the execution of the work.

Along with the application for the issuance of a use permit, proof of the movement or storage of construction waste must be submitted, which is a condition for the issuance of this document.

The draft law prescribes the obligation for local governments to submit data on brownfield sites on their territory within six months, as well as to create a register of such sites.

The draft law prescribes the situation in which the republic inspector can take over responsibilities from the local self-government inspection bodies in order to work more efficiently and prevent illegal construction. The powers of urban inspectors have been expanded. It is prescribed that in addition to the contractor and the investor, the owner of the plot on which the building is being built without a building permit is also responsible. It is specified that a subsequently obtained building permit does not absolve the responsible person of responsibility for the committed criminal act, economic offense, or misdemeanor. Furthermore, the construction inspector's powers have been expanded, and he now files a criminal complaint against the responsible parties and initiates the procedure for revocation of the main contractor's license if he is found to be building without a construction permit and work report. 

Source: politika.rs

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