On August 30, 2023, the Ministry of Construction, Transport and Infrastructure of the Republic of Serbia issued an Instruction on the implementation of Article 102 of the Law on Planning and Construction (hereinafter: the “Instruction“).
By adopting the new Law on Amendments to the Law on Planning and Construction (hereinafter: “the Law“) and by abolishing the possibility of converting the right of use into the right of ownership with compensation, as well as by expanding the number of persons who, according to the Law, now have the possibility to convert the right of use into the right of ownership without compensation, the conditions for the adoption of the subject Instruction have been met.
Contents of the Instruction
The new Instruction prescribes the procedure of the Agency for Spatial Planning and Urbanism of the Republic of Serbia (hereinafter: the “Agency“) upon receiving requests from interested persons who, according to the Law, have the right to convert the right of use into the right of ownership on construction land without compensation. Also, the Instruction specifies the method of submitting the request itself, its content, the Agency’s procedure upon receipt, the procedure of the competent office of the real estate cadastre, as well as of the Republic Directorate for Property of the Republic of Serbia.
Application for conversion without compensation
Interested persons from Article 102, paragraph 7 of the Law can exercise the right to convert the right of use into the right of ownership without compensation by submitting a written request, i.e., submission directly to the Agency, at the registry office, by post, or in another prescribed manner. The request must contain the following:
- Data on the applicant – personal data on a natural person, that is, data on a legal entity;
- number of cadastral lot and name of cadastral municipality;
- basis for acquisition of construction land, with appropriate evidence;
- other data as needed.
Application of the provisions
On 4 August 2023, when the amended Law on the Law on Planning and Construction entered into force, the possibility of submitting a request to convert the right of use into the right of ownership became possible.
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