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What steps should be taken to construct a building

What steps should be taken to construct a building
Published date: 25.02.2021 09:14 | Author: Ministry of Sustainable Development and Tourism

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ROADMAP: What steps should be taken to construct a building

1. Application for issuing urban technical specifications - application form
 Article 74 paragraph 1 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).

2. Issuance of urban technical specifications - form
 Article 74 paragraph 13 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).
 Decree on entrusting the affairs falling under the competence of the Ministry of Sustainable Develompent and Tourism to local self-government units;

Issuance of urban technical specifications have been entrusted by the Government of Montenegro to the local self-government units.
Urban technical specifications shall be issued within 20 days of the submission of of the application, and the amount of the fee to be paid for their issuance is determined by a Decree adopted by the Government.
In addition to information prescribed by the law governing administrative procedure, the application must also iclude data regarding cadastral parcel's identification.

3. Development of the Conceptual Design of the building - Engagement of a licensed business organisaion for development of the engineering documents and construction of the structure, based on the issued urban technical specifications.
 Article 76 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20).

4. Application for obtaining approval of the chief state architect or the chief city architect given to the conceptual design - form of application
 Article 87 paragraph 7 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).

5. Issuance of the approval of the chief state architect or the chief city architect – within 15 days
 Article 87 paragraph 6 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);


6. Development of the Final Design of the building – the business organisation that has developed the conceptual design or another business organisation (but is must be licensed for development of engineering documents and construction of structures)
 Article 78 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on the manner of preparation and content of Engineering Documents for construction of structures (Official Gazette of the Republic of Montenegro 44/18 and 43/19).

7. Review of the Final Design – reviewer (a business organisation licensed for reviewing engineering documents and performing engineering supervision), who is obliged to verify whether the Final Design compliance with the issued urban technical specifications and the Conceptual Design for which has been obtained approval by the Chief City Architect.

The reviewer is obliged to obtain the necessary approvals issued for the engineering documents in accordance with special regulations for the account of the investor, as well as a copy of the plan and property deed for the parcel in question. The authorities that issue mentioned approvals, as well as a copy of the plan and the property deed, are obliged to deliver them to the responsible reviewer free of charge within 15 days from the date of submission of the application.
The reviewer is obliged to make a written statement that a structure may be built on the basis of the final design – statement form
 Article 81, 82 and 85 paragraph 2 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).
 Rulebook on the manner of performing the review of the Final Design (Official Gazette of the Republic of Montenegro 18/18)

8. Contracting agreements with:
- the contractor (business organisation licensed for developing engineering documentats and construction) and
- the engineering supervisor (business organisation licensed for performing the review of engineering documents and preforming engineering supervision)
- Article 91 paragraph 3 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);

9. Notification of building work – form
- Article 91 paragraph 1 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
- Rulebook on the manner of performing engineering supervision over the building of structure (Official Gazette of the Republic of Montenegro 48/18);
- Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).

Notification of building works is submitted to the Ministry of Ecology, Spatial Planning and Urbanism - Directorate for Inspection Supervision and Licenses, within 15 days prior to the commencement of construction of the building.
Notification of building works is submitted with the following documentation:
1) final design stamped pursuant to the Law on Spatial Planning and Construction of Structures;
2) positive review report of the final design;
3) evidence of liability insurance of the design engineer that has developed the final design or of the responsible reviewer that has reviewed the final design, in accordance with the present Law;
4) contractor agreement;
5) engineering supervision agreement;
6) evidence of ownership right over land or another right to build on the land (property deed, concession contract, decision identifying public interest) or evidence of ownership right over the structure, or another right to build, in cases of structure reconstruction.

Within this period the inspection body checks:
- floor area ratio
- lot coverage ratio
- number of floors or height of the structure and its relation to the building line
- if urban technical specifications are issued in accordance with the planning document
- if the final design was developed or revised in accordance with the urban technical specifications
- if the final design was developed or revised in accordance with the basic urban parameters (floor area ratio, lot coverage ratio, number of floors or height of the structure and its relation to the building line)
- if the final design was developed in accordance with the conceptual design which received the approval of the chief state and chief city architect and
- if the employer possesses evidence of ownership right or another right over building land or evidence of the right to build or another right over the structure, in cases of a structure reconstruction;

10. Placement of an information board at the place of structure construction as of the date of notification of building work to the competent inspection authority – informing the local public of the intended building activity
 Article 89 paragraph 5 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on the form and appearance of the board for construction of structures (Official Gazette of the Republic of Montenegro 70/17)

11. Application for registration of a structure in the Real Estate Cadastre - application form
 Article 104 paragraph 2 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
 Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).

The application is submitted to the Cadastre within 15 days from the date of receipt of the Final report of the engineering supervisor with the following documentation:
- evidence prescribed by the law that governs the registration of rights to real estate,
- final engineering supervision report, which contains a written statement that the structure was built in compliance with the reviewed final design, that it is suitable for use and can be used for its purpose - statement form
- Article 103 paragraph 1 of the Law on spatial planning and construction of structures (Official Gazette of the Republic of Montenegro 64/17, 44/18, 63/18 and 82/20);
- Rulebook on forms of applications, notifications and statements in the process of construction of structures (Official Gazette of the Republic of Montenegro 70/17, 60/18, 47/19 and 102/20).
- a study of original as-built field data, stamped by a licenced surveying organisation.

In the case that urban technical specifications have already been issued, the procedure starts from point 3 of this roadmap.