Novine u regulisanju trajnih objekata u zakonodavstvu Republike Makedonije

Abstract

The paper titled “Novelties in regulating permanent structures in Macedonian legislation” consists of three parts. In the first part of the paper the authors present the types of structures that may be found on construction grounds according to Macedonian legislation. The paper shows that there are four types of structures: permanent structures, illegal structures, temporary structures and urban equipment. The paper shows that permanent structures are those that are built on construction grounds with building permit and other necessary documentation. As such these structures are registered in public records for registration of rights on real estate (Real Estate Cadastre). Taking into account that permanent structures are registered in the Real Estate Cadastre, the authors conclude that these structures are to be considered as real estate. Analyzing permanent structures the authors demonstrate that according to urban legislation these structures are different from structures under construction. The paper shows that structures under construction are divided in two categories – first and second. Upon handing over the structure and its registration in the Real Estate Cadastre the structure under construction becomes permanent structure. The paper shows that illegal structures are the ones built without building permit. They are only recorded but not registered in the Real Estate Cadastre since they can’t be objects of property rights. Regarding temporary structures, the papers shows that they are placed on construction ground on bases of a decision for placement, and they are not registered in the Real Estate Cadastre. For this reasons, the authors conclude that these structures are to be considered as movable objects. Also, the authors note that urban equipment is also to be considered as movable object, but unlike temporary structures, urban equipment is placed on construction ground that is already built. The Central part of the paper is dedicated to the analysis of the legal regime of permanent structures. Seven novelties are subject to analysis: 1. Widening the circle of persons who can obtain the status of a investor; 2. Introducing the digital proceedings for issuing building permits; 3. Increasing transparency in the proceedings for issuing building permits; 4. Increasing responsibility of the authorized personal for issuing building permits; 5. Issuing building permits for ideal and real parts of structures and 7. The introduction of new deadlines for terminating construction. In the third part of the paper the authors demonstrate that in the legal system of the Republic of Macedonia permanent structures may also be created by legalization of illegal structures. In the process of legalization, as it is explained by the authors, illegal structures become permanent structures after a decision is rendered determining its legal status and then these structures may be registered as real estate according to the Law for Real Estate Cadastre.