The Government of Montenegro has approved the draft proposals for two key laws – the Law on Spatial Planning and the Law on Construction, which will be submitted to the Montenegrin Parliament for adoption.
According to the statement, the Ministry of Spatial Planning, Urbanism and State Property conducted an analysis of the situation across all areas of its jurisdiction after the new government was formed, with particular focus on spatial planning, urbanism, construction and the legalization of buildings.
To address the identified issues and improve the state of these areas, the Ministry prioritized the drafting and adoption of laws that regulate spatial planning, construction, and the legalization of buildings.
The Ministry highlighted that numerous changes in the overall development of Montenegro have directly impacted its territory, bringing with them complex problems and conflicts. As a result, conditions were created for the proposal of the new Law on Spatial Planning, which aims to define a new policy in this area. The policy focuses primarily on decentralizing planning tasks and defining the responsibilities of the state and local governments for adopting planning documents, in line with European regulations and practices.
The proposed law aims to correct the shortcomings observed in the previous practical application of spatial planning, particularly negative outcomes. To address these issues, the creation of planning documents will be assigned to the state and local governments, through public enterprises that they establish.
Additionally, the proposed Law on Spatial Planning includes a redefinition of the implementation tools for planning documents and construction land. A new institute, the urban consolidation institute, is introduced, along with the establishment of the Chamber of Architects and Planners of Montenegro. Furthermore, urban planning inspections will be carried out by an urban planning inspector.
The proposed Law on Construction outlines a new construction policy, specifying that a building permit will be a prerequisite for construction and that authority for issuing permits will be decentralized, dividing responsibilities between the state (Ministry) and local governments.
By introducing the building permit as a condition for starting construction, which will only be issued for the main project of all buildings, the proposal aims to increase the safety and security of buildings and the built environment. It also seeks to improve the quality of construction and enhance legal certainty for investors. The law introduces an electronic building permit system to foster a better business environment and increase interaction between authorities, individuals, and legal entities.
The proposed law also includes the process for issuing the occupancy permit with a technical inspection of the building, as well as new activities in the construction process. It also specifies increased responsibilities for those engaged in construction activities, a revised status for the Engineering Chamber of Montenegro, and the introduction of construction inspections by a building inspector.
Both proposed laws have been drafted in accordance with European Union legal acts, and the Ministry believes that the proposed solutions will provide a solid normative framework for realizing Montenegro’s strategic goal of using its natural and built resources rationally and sustainably. These changes aim to foster economic growth and social cohesion through sustainable development principles.
