Government to change lex specialis for construction of EXPO complex – Facilities will be “temporarily put into operation” for two years instead of a use permit

At the latest session, the members of the Government adopted the Bill on Amendments to the Law on Special Procedures for the Implementation of the International Specialized Exhibition EXPO BELGRADE 2027 (lex specialis), which, among other things, stipulates that facilities within the Spatial Plan, as well as facilities that are not included in the Spatial Plan and are in the function of the implementation of the EXPO BELGRADE 2027 project, can be put into operation for “temporary use”, and it is also stipulated that a decision on a construction permit can be issued without approval of the environmental impact assessment study.

As stated in the impact analysis, the reason for the amendments to the lex specialis are the short deadlines that the state is in a hurry to catch up with, primarily when it comes to issuing permits.

– Considering the deadlines set in accordance with the international legal obligations of the Republic of Serbia as the host of the international specialized exhibition EXPO BELGRADE 2027, it has been determined that the solutions of the existing law are not the most appropriate in the context of the timely implementation of these obligations, especially in the field of construction of facilities and infrastructure. To clarify, there is a need to introduce a more efficient regime for obtaining the necessary permits and other necessary documentation so that all facilities and infrastructure are built before the start of the international specialized exhibition EXPO BELGRADE 2027, bearing in mind that this is a specific way of building facilities that are different in their function – the document states.

Temporary use

The amendments to the law stipulate that facilities within the Spatial Plan, as well as facilities that are not included in the Spatial Plan and are in the function of implementing the EXPO BELGRADE 2027 project, may be put into operation “for temporary use”, with the issuance of a positive report by the Technical Inspection Commission.

These facilities, as stated, are temporarily put into operation and used for a period of twenty-four months, and the investor is obliged to obtain a use permit during that period.

– The aforementioned solution differs from the solution in the law governing planning and construction, since these facilities represent pavilions for participants in an international specialized exhibition that are temporary in nature and will be removed after the end of the exhibition in order to build permanent facilities in that place and for which it will be necessary to obtain a use permit in accordance with the law governing planning and construction – it is stated.

Also, the Bill stipulates that the Ministry issues a temporary construction permit for the installation and removal of pavilions for participants, while the execution of works under a temporary construction permit can only begin after the issuance of a positive report by the Technical Inspection Commission on the temporary commissioning of the facilities, with the Government regulating in more detail the conditions, method and procedure for temporary use, i.e. commissioning of facilities, as well as the rules for the installation and removal of pavilions for participants.

Building permit without consent to the environmental impact assessment study

Article 8 of the Law has also been amended, which now states that for facilities that have been determined to be subject to the preparation of an environmental impact assessment study, it is proscribed that the authority competent for issuing a building permit decision may issue a building permit decision and a work application without consent to the environmental impact assessment study, with a statement from the responsible designer that the attached documentation is in compliance with environmental protection measures and conditions, whereby the consent of the competent authority to the environmental impact assessment study is submitted with the request for issuing a use permit decision.

Phase-based nature of second phase

According to the existing law, for complex facilities and works that require specific construction technologies, investors may request that building permits be issued in phases of construction. The first phase involves works on the foundation of the facility, including excavation of the foundation pit and installation of piles, while the second phase includes the completion of the remaining construction works.

The amendments to the law have made it possible to issue building permits for individual parts of the facility during the second phase of construction, which includes the final works on the facility, provided that these works can be carried out independently of the rest of the construction. For each such stage, appropriate documentation must be attached to the permit application.

– For the facility as a whole, a building permit is issued in accordance with the law governing the planning and construction of facilities – the document states.

Facades in cities and special-purpose entity

Given that activities related to the exhibition will take place in multiple locations, there is a need for local governments to arrange the spaces where these activities will be carried out. The draft law provides that the renovation of building facades in certain urban zones is carried out in accordance with this law and regulations governing the construction, housing and maintenance of facilities.

The local government will decide which buildings will be included in this renovation.

Also, the amendments to the law stipulate that the investor can entrust the management of parts of the EXPO complex to a special-purpose entity.

I. Z.

Vlada Republike Srbije

Government of Serbia

EXPO 2027

Bill on Amendments to the Law on Special Procedures for the Implementation of the International Specialized Exhibition EXPO BELGRADE 2027

lex specialis for construction of EXPO complex