Lex specialis adopted for General Staff building

The Serbian Parliament adopted a lex specialis on the General Staff building. 130 out of 171 MPs present voted in favor of the law, 40 MPs voted against it, one MP did not vote and there were no abstentions. The MPs previously discussed amendments to the special law on the General Staff building, namely the Bill on Special Procedures for the Implementation of the Revitalization and Development Project for the Location in Belgrade between Kneza Milosa, Masarikova, Bircaninova and Resavska Streets. Earlier, some opposition MPs in the Serbian Parliament made a number of objections to the draft special law (lex specialis) on the General Staff building in Belgrade, demanding that it be withdrawn, as the building is a cultural monument, while MPs from the ruling coalition claim that a memorial center will be built on that site.

This bill was previously submitted by 110 MPs from the ruling Serbian Progressive Party, and the head of the Progressive Party’s MPs, Milenko Jovanov, was designated as the proposer.

What does the lex specialis say?

Article 1.

This law regulates the bases, criteria, method and procedures for the implementation of the revitalization and development project of the site within the area between Kneza Milosa, Masarikova, Bircaninova and Resavska streets (hereinafter referred to as the Project).

These legal solutions aim to ensure special conditions for the implementation of the Project as a project of importance for the Republic of Serbia, due to the complexity of the subject location, as well as the importance of the Project in terms of historical, urban and cultural values.

Article 2.

The Project is a project of general interest of importance for the exercise of the competences of the Republic of Serbia.

All holders of public authority are obliged to take all necessary measures for the timely and unhindered implementation of all activities related to the implementation of the Project, within their competences.

Article 3.

(1) The competent authorities are obliged to act in line with the priority and as an urgent procedure in the procedures carried out for the implementation of the Project.

(2) In order to efficiently implement the Project, the authority responsible for planning and construction may issue a building permit before the decision on property relations becomes final, if a request for expropriation of land or a facility has been submitted, or another appropriate act in accordance with the law.

(3) The final decision on the expropriation of land or a facility shall be submitted to the competent authority within 15 days from the date of its adoption.

Article 4.

For the purpose of the implementation of the Project, planning documents of a special structure and content shall be prepared in accordance with this Law and the law regulating planning and construction.

The competent authority, after conducting a public review, shall be obliged to declare itself within 15 days from the date of receipt of the request for issuing the act.

The procedures and deadlines specified in this Article shall also apply to obtaining other conditions and consents required for the implementation of the Project.

Article 5.

The planning document referred to in Article 4 of this Law shall also include the subdivision plan of the subject area.

The Republic Geodetic Authority – Real Estate Cadaster Service shall be obliged to register the ownership rights ex officio in accordance with the implemented subdivision plan within 15 days from the date of its entry into force.

Article 6.

The Documentation Center, established within the authority responsible for planning and construction, in cooperation with the authorities responsible for resolving property-legal relations, shall provide all necessary data, documentation, plans and conditions for the implementation of the Project.

For the purposes of the implementation of the Project, the authority responsible for issuing a building permit, if it concerns buildings with a gross area exceeding 30,000 m2, is obliged to issue a building permit within 30 days from the date of submission of a proper request.

Article 7.

For the purposes of the construction of buildings to be built within the Project, within the scope of planning documents, watersheds, facilities and technologies for carrying out works that are in accordance with the law governing the construction of buildings may be used.

According to the phase for which the building permit is issued, it includes the execution of works on the construction of the building’s foundation, structure, installation of installations and execution of external works, while the second phase includes the remaining works until the completion of the building.

Article 8.

The decision on the construction permit for the facility referred to in Article 2 of this Law shall be issued in an abbreviated procedure based on a complete and proper application containing all necessary documents and documentation, in accordance with the law governing the construction of facilities.

Article 9.

Professional supervision of the execution of works on facilities shall be carried out by an authorized person, in accordance with the law regulating planning and construction.

The authority competent for the implementation of this law shall, in cooperation with inspection authorities, monitor the course of the execution of works and take measures to ensure the legality and safety of the works.

Article 10.

For the purposes of the implementation of the Project, the competent authorities shall ensure the cooperation and coordination of all authorities and institutions competent for issuing permits, consents and opinions, as well as other legal and natural persons participating in the implementation of the Project.

Article 11.

Funds for the implementation of the Project shall be provided in the budget of the Republic of Serbia and other sources, in accordance with the law.

Narodna skupština Republike Srbije

Republički geodetski zavod Beograd

General Staff building at corner of Nemanjina and Kneza Miloša streets

General Staff building in Kneza Miloša Street

lex specialis on General Staff building