MONTENEGRO Law and Practice Contributed by: Milan Keker, Aleksandra Bujkovic, Ivan Pejovic and Iva Rolovic, Keker, Bujkovic & Pejovic
4.2 Development Process, Challenges and Enforcement The Law on Spatial Planning and Construction of Structures (2017), together with the new 2025 Law on Construction of Structures, regulates the man - ner and conditions for the construction of structures, the performance of construction activities, and other matters of importance for the construction process. Rulebooks on technical standards, issued under these laws, define specific requirements for materials, con - struction methods, fire protection, accessibility and seismic resilience. Development rights in Montenegro are obtained through compliance with applicable planning docu - ments and by obtaining the necessary construction approvals under the construction legislation. Under the Law on Construction of Structures, the develop - ment process includes the preparation of technical documentation (such as conceptual designs, pre - liminary designs and the main project), review of the design, issuance of construction permits, construction works, supervision and the issuance of a use permit. Development on individual parcels must comply with applicable spatial planning documents and urban planning parameters, including land use designation, building height, floor area ratios and other construc - tion parameters. Investors must also obtain relevant approvals and technical conditions from competent authorities and infrastructure providers before con - struction can commence. Construction permits are issued either by municipal authorities or by the competent ministry, depending on the nature and scale of the project. Projects with potential environmental impacts may also require an Environmental Impact Assessment (EIA), while pro - jects located in protected natural areas or cultural heritage zones (such as UNESCO-listed sites) require additional approvals from specialised authorities. Third parties generally do not have a formal right to object during the construction permitting procedure. However, public participation may occur during the preparation of planning documents or environmental impact assessment procedures. Administrative deci - sions issued by competent authorities may be chal -
These laws regulate the spatial planning system, the preparation and adoption of planning documents, the conditions for construction, technical documentation requirements, licensing and supervision of construc - tion activities, as well as procedures for legalising ille - gally constructed buildings. Spatial planning is guid - ed by principles such as sustainable development, rational land use, protection of cultural heritage and natural resources, seismic safety and environmental protection. Planning is structured at both national and local levels. At the national level, the Spatial Plan of Montenegro is adopted by the Parliament, while the government adopts spatial plans for special purpose areas and manages certain detailed regulation plans. Local spatial plans and urban development documents are adopted by municipal assemblies. Planning is structured at both national and local levels. At the national level, the Spatial Plan of Montenegro is adopted by the Parliament, while the government adopts (i) spatial plans for special purpose areas and (ii) State detailed regulation plans. Local spatial plans and urban development documents are adopted by municipal assemblies. In addition to planning legislation, development pro - jects must comply with a range of sector-specific laws, including the Law on Strategic Environmental Assessment (SEA), the Law on Environmental Impact Assessment (EIA), the Law on Nature Protection and the Law on Cultural Heritage Protection. These laws ensure that environmental, cultural and heritage con - siderations are integrated into spatial planning and development processes. Responsibility for administering and enforcing plan - ning and construction rules lies primarily with the min - istry responsible for spatial planning and construction at the national level and municipal authorities at the local level. National authorities are typically responsi - ble for projects of national importance and large-scale developments, while municipalities oversee planning compliance and permitting for most local develop - ments.
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