The Government of Montenegro has adopted a new Law on the Legalization of Illegal Buildings, providing citizens with an opportunity to legalize existing unauthorized structures while enforcing a zero-tolerance policy on future illegal constructions.
A recently commissioned satellite survey will identify all illegal changes across Montenegro’s territory, and sanctions will be applied impartially according to the law.
This legislation aims to end decades of unregulated development by establishing a system of planned, responsible, and lawful construction.
Key provisions include:
- Mandatory registration of legalized buildings in the real estate cadastre within six months, after which registration will no longer be possible.
- Clear criteria for which buildings are not eligible for legalization.
- Specific regulations for legalizing buildings in protected zones.
- Division of responsibilities: local governments will handle legalization of buildings up to 500 m², while a newly established state body, the Legalization Administration, will manage larger buildings and those in protected areas.
- Procedures for assessing structural and seismic stability, including protocols if a building is deemed unstable.
- Detailed rules for legalization of collective buildings and land acquisition or payment when illegal buildings are on state-owned land.
- Obligations for the Cadastre to record restrictions preventing property transfer or business activities on illegal buildings without initiated legalization procedures.
- Once legalization is approved, external building appearance does not need further approval.
- A public call will be issued for owners of illegal buildings on state land to register their properties within six months; after this deadline, unregistered buildings will be registered under the landowner, typically the state.
This law intends to preserve Montenegro’s limited spatial resources, increase municipal revenues through urban fees and property taxes, and fund infrastructure improvements to enhance quality of life.