Легализација на бесправните објекти во правниот систем на Република Македонија
Legalization of Illegal Buildings in the Legal System of Macedonia

Author(s): Rodna Živkovska, Tina Pržeska
Subject(s): Constitutional Law, Law on Economics
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legalization;Illegaly built objects;Building permit;Ownership;Property law;Administrative procedure;Administrative dispute;Buildings;Electronic communication networks and equipment;
Summary/Abstract: The paper shows that in the legal system of Republic of Macedonia, be¬fore 2011, provisions regulating the process of legalization of illegal buildings were found in various laws: Law of Ownership and Other Real Rights from 2001, Law of Construction from 2005, Law of Real Estate Cadastre from 2008 and Law of Real Estate Cadastre from 2013. Regarding the pro¬visions in these laws the paper highlights the fact that they didn’t lead to systematic solution of the persisting problem. The first attempt for systematic solution of the problem of illegal buildings is the implementation of the Law for Regulating the Illegally Built Constructions from 2011. This Law regulates the manner and proceedings for deter¬mining legal status of illegal constructions. The types of illegal constructions are classified as: constructions of importance for the Republic, constructions of local importance and health facilities for primary, secondary and tertiary health services. The proceeding for legalization is administrative, and it is initiated on demand of the interested party – the holder of the illegal construction. The decision of the authorized body is a legal base for registration of the right of ownership in the real estate cadastre. Compensation for the legalization is also due, and it must be paid before the decision is rendered. The legalization of illegal buildings on agricultural land is regulated by the Law of Agricultural Land from 2007 (more precisely the Amendments of the Law from 2011 and 2012). Subject to legalization are buildings for agricultural production that comply with the conditions determined by law. The legalization is done in administrative proceedings by the municipalities. If the conditions determined by law are met, a decision for legalization is rendered and the compensation for legalization must be paid. The comparative analysis in the paper shows that the problem of legalization of illegal construction is a pressing issue in many of Macedonia’s neighboring countries. Serbia and Croatia have passed special laws regulating the status of illegal construction. In Montenegro the Law for legalization of Informal Settlements is in parliamentary proceedings. The jurisdiction for regulating the status of illegal constructions in Bosnia and Herzegovina falls on the cantons. Laws for regulating the status of illegal constructions are also passed in Greece, Bulgaria and Albania. The paper also shows that in Western European countries legalizations of illegal construction have been executed in Italy, Portugal, Spain and other countries.

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