Montenegro Minister Outlines Solutions for Property Legalization

Montenegro’s Minister of Spatial Planning, Slaven Radunovic, has addressed concerns regarding property legalization during a recent session of the Montenegrin Parliament. Responding to inquiries from Nađa Laković, a member of the European People’s Party (PES), Radunovic clarified the deadlines and processes surrounding the legalization of properties that currently exist under illegal construction.

The deadline for submitting documentation to the Property Administration only applies to illegal builders who do not have their properties recorded on the ownership list. According to Radunovic, this group is not as large as might be assumed. The minister noted that the legalization process is not strictly time-limited. “The deadline for legalization is not set in stone; it is only restricted by the operational period of the administration responsible for legalizing illegal structures, which will last five years,” he explained.

Radunovic indicated that he is aware of an initiative from the Association of Municipalities suggesting a six-month extension of the legalization deadline. This proposal will be considered, although he emphasized that those who wish to legalize their properties have ample time to do so within the five-year period.

Addressing the issues facing residents in apartment buildings, Radunovic stated the need to differentiate whether a property burden is recorded on the entire building or only on specific parts. “We are seeking solutions and have clarified this situation to notaries and public executors,” he said. When a unit in a building lacks a use permit, the property’s owner can still apply for legalization. The ministry’s commission will then investigate the nature of the burden on the building. If it is determined that the buyer is not responsible and the burden falls on the developer or construction company, that individual will be permitted to proceed with the legalization.

As part of the legalization process, Radunovic noted the requirement for a report from a surveying organization, which must accompany the application. This stipulation applies to properties that were included in orthophoto images from July 2023, marking them as eligible for consideration.

During the session, Oskar Huter from the Democratic Party of Socialists (DPS) questioned the fairness of the legalization law towards citizens. In his response, Radunovic addressed the law’s equity, stating efforts have been made to find a balance that satisfies both those seeking to legalize and those who have acted in accordance with the law. “Those who need to legalize must pay. Illegal builders enjoyed significant advantages, constructing wherever and whenever they wanted,” he remarked, highlighting the frustration of law-abiding citizens who have waited for permits.

Huter reminded Radunovic of a promise made during the 2018 election campaign to provide free legalization for basic structures. Radunovic clarified that this commitment was contingent on winning the election, which he did. He asserted that the principle guiding the ministry moving forward will be one of equality: “If demolitions occur, they will apply universally, or not at all,” he emphasized, ensuring that no special consideration would be given to particularly bold investors.

The session underscored the Montenegrin government’s ongoing efforts to address the complexities surrounding property legalization while ensuring fairness for all citizens involved in the process.