Montenegro Minister Responds to Legalization Questions in Assembly

During a session of the Assembly of Montenegro, Slaven Radunović, the Minister of Spatial Planning, addressed questions regarding the ongoing legalization process for illegal structures. He clarified that the deadline for submission of documents to the Real Estate Administration applies specifically to illegal builders whose properties are not registered in the land registry. This group represents a limited number of individuals, contrary to concerns raised by some members of the Assembly.

Responding to a question from Assembly member Nađa Laković of the PES party about the possibility of extending the legalization deadline, Radunović noted that he had heard about an initiative from the Community of Municipalities proposing a six-month extension. He assured that this suggestion would be considered. The legalization timeframe is essentially open-ended, as the law does not impose a strict duration, but the Real Estate Administration will operate for the next five years specifically for this purpose.

Radunović emphasized that residents who wish to legalize their properties should not face obstacles in doing so within this five-year window. He acknowledged the complexities faced by residents of apartment buildings, indicating the need to differentiate whether a legal burden is recorded against the entire building or only specific parts.

Radunović stated, “We are seeking solutions and have clarified this situation through guidance to notaries and public executors.” He explained that if an apartment in a building lacks an occupancy permit but the apartment itself is compliant, the commission will investigate the status of any encumbrances on the building. Should it be determined that the burden lies with the developer or construction firm rather than the individual buyer, the legalization process would be permitted for that apartment.

He also highlighted the requirement for a report from a geodetic organization to accompany any legalization request. This report is the only additional burden on applicants during the legalization process. This stipulation is pertinent to properties identified in the ortofoto images from July 2023.

Assembly member Oskar Huter from the DPS party raised questions about the fairness of the Law on Legalization of Illegal Structures towards citizens. In response, Radunović acknowledged the challenge of balancing the needs of those seeking legalization with those who have complied with regulations. He remarked, “We have tried to find a solution that satisfies both sides. Those who need to legalize must pay. Illegal builders had significant advantages, constructing where and when they pleased.”

Huter reminded Radunović of a promise made during the 2018 electoral campaign for Podgorica, where he assured citizens that legalization for basic structures would be free. Radunović clarified that while this was a goal, it was contingent upon winning the elections. He reiterated a commitment to fairness, stating, “If demolitions are necessary, they will occur uniformly; no one will be favored.”

The discussion reflects ongoing efforts by the Montenegrin government to regulate and legalize various properties, ensuring all citizens adhere to the same standards while addressing the challenges posed by illegal constructions.