СВОЈИНСКИ РЕЖИМ НА ГРАЂЕВИНСКОМ ЗЕМЉИШТУ И УРБАНА КОМАСАЦИЈА
OWNERSHIP ON CONSTRUCTION LAND AND URBAN COMASSATION IN THE REPUBLIC OF SERBIA

Summary/Abstract: Construction land may be subject to all forms of ownership: public, private, and mixed. In Serbia, the holders of title to property (ownership right) on construction land in public ownership are the Republic of Serbia, an autonomous province and a local self-government unit (municipality). Ownership on construction land is regulated by the Planning and Construction Act of the Republic of Serbia. This Act provides for the conversion of the right to use the construction land (as the ownership regime on construction land which was inherent to the socialist legal system) into the private ownership right (which is a prominent feature of the capitalist legal system). It thus provides for establishing the legal unity of real estate (superficie solo cedit), whereby the cadastre lot and the building erected on the construction land are unified into a singular object of the ownership right. A special conversion regime is envisaged for owners of business entities located on the construction land. The paper discusses the current issues concerning the conversion of ownership over construction land in Serbian law, with specific reference to certain comparative law solutions. Another novelty is the regulation of urban commassation (land augmentation) as an intrument of communal policy and a more equitable measure than expropriation.

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