KS Assembly Adopts Draft Law on Legalization of Buildings, Public Debate for 20 Days

(Patria) - The Assembly of Sarajevo Canton has adopted the Draft Law on the legalization of buildings and other constructed works in space built without a building permit in Sarajevo Canton, and has sent it for a public debate lasting 20 days.

This law provides for the systematic regulation of the area of legalization of buildings constructed without a building permit or where deviations from the conditions stipulated by the issued permit occurred during construction, which has not been regulated by the current legislation from the area of spatial planning of Sarajevo Canton until now.

Given that the existing law does not provide for the possibility of legalizing illegally constructed changes in space, and that there is a significant number of illegally built or extended buildings in the area of Sarajevo Canton, the proposed law seeks to establish a legal framework that will enable the consideration of each individual case of illegal construction through the prescribed administrative procedure.

The law defines the procedure and conditions under which illegally constructed buildings can be legalized, with mandatory consideration of valid spatial planning documents. This enables the legal integration of a certain number of buildings into the space, speeds up the administrative decision-making process, and seeks to eliminate some of the negative consequences caused by illegal construction.

Illegal construction represents one of the significant challenges in the field of spatial planning in Sarajevo Canton, considering its impact on urban development, environmental protection, citizen safety, quality of life, as well as on the functioning of communal infrastructure and the activities of economic entities.

In the legalization procedure, buildings that meet the legally prescribed conditions will be able to obtain legal status, enabling owners to legally dispose of real estate, including sale, lease, or establishment of other rights, as well as connection to communal infrastructure such as water, electricity, sewage, and natural gas.

Also, through the collection of fees and charges in the legalization procedure, additional budget revenues are generated, which can be directed towards the development of communal infrastructure and the remediation of problems caused by illegal construction.

The Draft Law also stipulates that the legalization procedure will be time-limited, in order to create a clear overview of the actual situation on the ground. The law defines the procedures for determining illegal construction, the types of such construction, as well as the rights and obligations of competent authorities and parties in the procedure, and the limits and conditions of legalization, including measures for the removal of buildings that cannot be legalized.

For the purpose of determining the actual situation on the ground, orthophoto mapping of the Sarajevo Canton area is planned, for which the Ministry of Communal Economy, Infrastructure, Spatial Planning, Construction and Environmental Protection has already secured funds. These images will represent objective evidence of the existence of illegally constructed buildings and will serve as a basis in the procedure for their eventual legalization.