The Parliament of Montenegro has adopted new laws regulating the areas of construction and spatial planning:
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Law on Construction of Structures
(“Official Gazette of Montenegro“, No. 019/25 of 04.03.2025)
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Law on Spatial Planning
(“Official Gazette of Montenegro“, No. 019/25 of 04.03.2025, 028/25 of 19.03.2025)
These laws further regulate the field that was previously governed by the Law on Spatial Planning and Construction of Structures, introducing certain changes regarding procedures and conditions for issuing permits, construction planning, and technical standards.
One of the novelties in the Law on Construction of Structures (Official Gazette of Montenegro, No. 019/25 of 04.03.2025) pertains to the requirement to possess a construction permit for all structures, as well as the authority for issuing construction permits:
Construction Permit
Article 31
A structure shall be built based on a construction permit.
Construction of a structure without a construction permit is prohibited.
Competence for Issuing Construction Permits
Article 32
The construction permit for building structures is issued by the local government authority, except for structures referred to in paragraph 2 of this article.
The Ministry issues the construction permit for:
1) state-owned structures of general interest;
2) buildings with a gross construction area of 3,000 m² or more;
3) hotels or tourist resorts with four or five stars, and tourist complexes.
The construction permit is issued by decision.
Thus, authority for issuing permits for buildings with a gross construction area up to 3,000 m² is transferred to the local government authority.
In Article 34, which lists the documentation based on which the permit is issued, the procedure for obtaining a permit for a family residential building is simplified, and a report on the positive project revision is not required—only a statement from the designer is sufficient:
Documentation on the Basis of Which a Construction Permit Is Issued
Article 34
A construction permit, except for a family residential building, is issued based on the following documentation:
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main design, certified in accordance with this law;
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report on the positive revision of the main design, certified in accordance with this law;
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consent of the Chief State Architect or Chief City Architect from Article 22 paragraphs 1, 2, and 4 of this law;
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proof of ownership or other right to the construction land (property list, concession agreement, lease agreement, decision on establishing public interest, notarized consent or declaration of intent by the landowner listed in section “G” of the property list, and other proof of the right to build on the land), or proof of the right to build or other right on the structure in the case of reconstruction;
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proof of the obligation to pay the construction fee prescribed by the law on spatial planning and proof of settlement of the special investment fee prescribed by the law on regional water supply for the Montenegrin coast;
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consents, opinions, and other documents prescribed by special regulations;
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proof of liability insurance of the designer and reviewer of the main design.
The construction permit for a family residential building is issued based on the following documentation:
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main design, certified in accordance with this law;
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consent of the City Architect to the conceptual design and the conceptual design itself;
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statement of the designer that the design was made in accordance with the law, conceptual design, special regulations, and professional rules, and that construction can be carried out based on it;
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proof of ownership or other right to the construction land (same as above), or proof of the right to build or other right on the structure;
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proof of obligation to pay the construction fee and settlement of the special investment fee (same as above);
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consents, opinions, and other documents prescribed by special regulations;
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proof of liability insurance of the designer of the main design.
The documentation from paragraph 1 points 4, 5, and 6, and paragraph 2 points 4, 5, and 6 of this article shall be obtained by the competent authority for issuing the construction permit ex officio.
No administrative fee shall be paid for the issuance of the documents, consents, and opinions from paragraph 1 points 4, 5, and 6 and paragraph 2 points 4, 5, and 6 of this article.
If the authorities responsible for technical requirements do not submit the documentation from paragraph 1 points 4 and 6 and paragraph 2 points 4 and 6 of this article within 15 days from receiving the request, it shall be deemed that they agree with the revised main design or the main design.
The competent authority for issuing the construction permit shall obtain ex officio the consent for the revised main design for four- and five-star hotels, four- and five-star tourist resorts, and tourist complexes from the state administration authority responsible for tourism.
The consent from paragraph 6 of this article shall be issued within 15 days from the date of receipt of the request.
If the tourism authority does not issue consent within the prescribed period, it shall be deemed to have agreed with the revised main design.
In the process of issuing the construction permit, it is verified whether the main design was prepared in the prescribed form and content and in accordance with the conceptual design based on which the Chief State Architect or Chief City Architect gave consent.
Article 43 prescribes the deadline for completion of construction by the investor, which is five years from the date of issuance of the construction permit:
Investor Obligations
Article 43
Before the start of construction, the investor must provide the contractor with: the construction permit, the certified revised main design based on which the permit was issued, and the notice of commencement of construction, in electronic (PDF) and identical hard copy form.
Before starting construction of a family residential building, the investor must provide the contractor with: the construction permit, the main design in both electronic (PDF) and identical hard copy form, and the notice of commencement of construction.
The investor must ensure the mandatory presence of professional supervision or supervising engineers throughout the phases of construction.
The investor must complete the construction of the structure within five years from the date of issuance of the construction permit.
If the investor does not complete the construction within the timeframe from paragraph 4 of this article, they must pay an annual fee for each year of delay based on the estimated value of the structure from the revised main design, and continuously maintain the construction site until the use permit is obtained.
The amount of the annual fee is determined by the authority that issued the construction permit and the fee is revenue of:
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the Budget of Montenegro, if the Ministry issued the construction permit, or
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the local government budget, if the local authority issued the construction permit.
The decision from paragraph 6 of this article is enforced by the public revenue administration or the local revenue administration, in accordance with the law governing taxation and other duties.
Provisions from paragraphs 5, 6, and 7 do not apply to structures of general interest.
If there is a change in the contractor or supervision during construction, the investor must inform the construction inspector within three days and submit the new contract.
Exceptionally, for structures whose construction is restricted under Article 37 paragraph 6, the investor’s construction deadline is extended proportionally.
More detailed criteria for determining the annual fee and the payment method shall be prescribed by the Government.
Article 55 prescribes the obligation of a technical inspection to establish usability, except for family residential buildings:
Technical Inspection of Structures
Article 55
Usability of a structure is established by technical inspection, except for family residential buildings.
Usability of a family residential building is established by a statement from the contractor that the structure was built in accordance with the construction permit and main design and is suitable for use.
The technical inspection includes checking compliance of the performed works with the construction permit, revised main design or as-built design, and with regulations, standards, technical norms, and quality standards.
Use of the structure or part thereof may be approved only if it has been built in accordance with the construction permit and revised main design or as-built design.
Technical inspection for structures from Article 5 of this law is conducted with the mandatory presence of a construction inspector.
The entity performing the technical inspection is appointed by the competent authority that issued the construction permit.
The decision on appointing the entity for the technical inspection must be made within seven days of receiving the request for a use permit and the complete documentation from Article 54 paragraph 2.
The investor must submit the final report on the conducted professional supervision to the technical inspection entity.
The costs of the technical inspection are borne by the investor.
The new law also provides for stricter penalties for violations committed by legal entities, entrepreneurs, and individuals.
These laws enter into force the day after their publication in the “Official Gazette of Montenegro.”
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