Buying a non-legalized property in Montenegro – what does it mean?
Why Do Non-Legalised Properties Exist At All?
1. What does it mean to have “illegal property” in Montenegro?
2. Why legalize an illegally constructed facility?
3. Which facilities cannot be legalized at all?
4. Legalization process in Montenegro
Required documentation for the process of legalization of the non-legalized property in Montenegro:
- Request for legalization (on the prescribed form)
- Study of the survey of the condition of the constructed object prepared by an authorized geodetic organization and certified by the cadastre
- Photos of all facades in jpg format with a minimum resolution of 2 megapixels
- Report of the company authorized for audit affairs on the existence of an illegal object on the ortho-photo and its compliance with the basic urban parameters of the valid planning document / the auditor’s statement that it was built following the basic urban parameters of the valid planning document
- Proof of recording the existence of the object in the cadastre
- proof of resolved ownership relations on the land on which the facility was built
- proof of the regulation of relations in terms of payment of fees for communal equipment of construction land
If the facility was built on state land, after submitting the request for legalization, a request for the purchase of land on which the illegal facility was built has to be submitted to the body responsible for disposing of that land. It can be a state administration body – the Ministry of Finance or a local government body (municipality) in charge of the property.
It should be borne in mind that the political situation in Montenegro is currently quite complicated. With the change of the thirty-year ruling government, consequential changes in the system itself are expected, and replacements in certain laws are possible, especially in the domain of spatial planning.
All previous rules and laws could be subject to changes, although it does not necessarily mean that substantial changes will actually take place. This is also a field in which corruption has played a significant role in the past. With the expansion of illegal construction, certain areas of Montenegro have been permanently damaged. Therefore, building, reselling, and finally buying a non-legalized property in Montenegro is something which needs to be considered carefully.
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