5.2.
AREA OF ECONOMIC AND PROPERTY RIGHTS
ACTIVITIES OF THE PROTECTOR OF CITIZENS
Construction
Contacts directed to the Protector of Citizens in this field in the reporting period significantly
referred to the inefficiency in acting by the Secretariat for the Activities of Facility Legalization
of the City Administration of the City of Belgrade, whether it is about indicating to long
duration of the procedure with the absence of clear and legally passed indicators when it
would be completed, whether citizens opposing the legalization of individual facilities
expressed dissatisfaction with complete ignoring of their requests in which they aimed at
legitimation as parties in these procedures.
Using the option stipulated by amendments to the Law of Facilities169, the City of Belgrade
by amendments to the Statute of the City of Belgrade170 entrusted171 city municipalities with
the implementation of this procedure when it comes to facilities up to 400 m2 gross developed
construction surface. As city municipalities were obliged to take over uncompleted cases only
concluding with 20nd January, 2020, it remains to be followed whether the stated amendment
will provide expected effects in terms of the termination of the legalization process.
Amendments to the Law on Planning and Construction 172 in this reporting period failed to
contribute to the more efficient sanctioning of illegal construction. Apart from the fact that the
process of competence takeover by city municipalities from the Secretariat for Inspection
Activities of the City Administration of the City of Belgrade undoubtedly prolonged the
postponement of the execution of already passed decisions on demolition, failure to execute
administrative decisions on demolition also after the recommendation173 of the Protector of
Citizens, it is also to a more significant extent the consequence of untimely expansion of
human resource capacities as well as omission to plan the allocation of sufficient fund in
the budget for these purposes.
The Protector of Citizens notes that acting upon complaints referring to already des cribed
state of affairs the partial cooperation with competent organizational units of the City
Administration of the City of Belgrade was realized, while in individual cases it was
completely missing, so the recommendation 174 was issued to the City Administration of
the City of Belgrade for the purpose of the prevention of such activities in future.
In this reporting period citizens indicated also to the dissatisfaction both with the content
of passed design documents and transparency of the procedure of their passing, and with
the process of realization of design documents through so-called “factual expropriation”,
“Official Gazette of RS“, no. 96/15 and 83/18.
Decisions on the amendments to the Statute of the City of Belgrade “Official Gazette of the City of Belgrade“,
no. 60/19.
171 Administrations of city municipalities shall take over from the City Administration unfinished cases which refer
to passing of the decision on the legalization of facilities in compliance with this decision not later than 1 st January,
2020 (Article 60 of the Decision on the amendment to the Statute of the City of Belgrade).
172 Coming into force of the amendments to the Law on Planning and Construction, the competence for the
inspection supervision in the field of construction for the facilities up to 800 m 2, and for the facilities for which the
decision on construction permit is issued by the city municipality within the City of Belgrade, passed to the
Secretariat for Inspection Activities of the City Administration of the City of Belgrade.
173 Available at: https://www.ombudsman.rs/index.php/2012-02-07-14-03-33/3383-2014-06-26-14-01-44.
174 Available at: https://ombudsman.rs/index.php/2012-02-07-14-03-33/6449-n-c-lni-gr-ds-upr-v-b-gr-d-d-uvrdi-dg-v-rn-s-p-s-up-uc-g-sluzb-ni-i-n-p-sr-dn-dg-v-r-n-z-rsh-nj-b-v-z-s-r-dnj-s-z-sh-i-ni-gr-d-n.
169
170
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