Laws in brief

In brief

• Regulates planning documents (state and local), the urban parcel and urban planning and technical conditions (UTU).
• The Ministry publishes UTU from plans on the Geoportal; until it exists, UTU are issued on request (transitional provisions).
• Together with the Zakon o izgradnji objekata it replaced the Zakon o planiranju prostora i izgradnji objekata (64/17).

Key articles

čl. 27 st. 3

For areas without a detailed plan, the municipal plan contains the guidelines and UTU.

čl. 59–60

Urban parcel and location; one urban parcel may cover several cadastral parcels.

čl. 63

Content of UTU (use, lines, floors, BRGP, indexes, parking, energy efficiency) and publication on the Geoportal.

čl. 143

Transitional: until the Geoportal exists the Ministry issues UTU, the municipality for buildings whose permit it issues; the extract from a plan comes from the body that adopted it.

čl. 145

UTU for buildings of general interest without a detailed plan; valid for two years.

In brief

• Construction requires a building permit. The municipality issues it; the Ministry does so for state buildings of general interest, buildings of 3000 m² BRGP or more and 4–5* hotels.
• The 3000 m² threshold is the gross floor area of the building, not the parcel area.
• Regulates the chief architect's consent, design review, notice of start of works, technical inspection and the use permit.

Key articles

čl. 8

Technical documentation follows the UTU; the competent bodies give technical conditions, silence for 15 days means consent.

čl. 16

Review of the main design is mandatory, except for a family house.

čl. 22

Consent on the conceptual design: chief city architect (below 3000 m²), chief state architect (3000 m² or more, 4–5* hotels).

čl. 31–32

Building permit and the competence to issue it (municipality / Ministry).

čl. 36

Reconstruction pending alignment with the plan; the body of Art. 32 issues the UTU.

čl. 72–74

Temporary and auxiliary structures: under the municipal programme and decisions, not via UTU.

In brief

• UTU fee: €50 for buildings, €100 for engineering structures.
• Paid to the Budget of Montenegro (832-7077-15), or to the municipal budget when the work is delegated to the municipality.

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• Sets the forms used in the construction procedure, among them Obrazac 3 — request for UTU.

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• Regulates the state survey, the real-estate cadastre, registration of rights and issuing of title deeds and plan copies.

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• Annual property tax assessed and collected by the municipality.

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• Tax paid when acquiring real estate (purchase, gift and others), with set exemptions.

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• Regulates real-estate brokers for sales and lettings, the broker register and the brokerage contract.

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• Regulates notaries; contracts on real-estate transfers are made as a notarial deed.

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• Regulates ownership, co-ownership, condominium ownership, easements and other rights in rem.

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• General rules on contracts: sale, lease, gift, pre-emption right.

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• Creation, registration and termination of a mortgage on real estate.

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• Entry and stay of foreigners, including temporary residence based on owning real estate.

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• Statutory and testamentary succession and probate.

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• Taking or restricting property in the public interest with fair compensation.

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• State administrative fees for documents and acts of authorities, by tariff number.

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• Protection of cultural heritage; works on and sales of protected buildings have special conditions and a state pre-emption right.

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• Non-contentious court proceedings, among them probate and division of common property.

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• Protection and use of agricultural land, including changing the use of arable land.

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• Conditions for hospitality services, including renting accommodation to tourists and entry in the Central Tourist Register.