Novine u regulisanju trajnih objekata u zakonodavstvu Republike Makedonije
Journal
Pravni život, Časopis za pravnu teoriju i praksu, broj 10, knjiga 584
Date Issued
2016
Author(s)
Родна Живковска
Тина Пржеска
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.
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.
File(s)![Thumbnail Image]()
Loading...
Name
Novine.uregulisanju.trajnih.objekata.u.zakonodavstvu.Republike.Makedonije.pdf
Size
183.46 KB
Format
Adobe PDF
Checksum
(MD5):54cff10511e338ea12219b04f64c62f5