COMPARATIVE ANALYSIS OF THE LAW ON LEGITIМАTION AND THE PREVIOUS LAW ON LEGALIZATION

Abstract

In the paper, a comparative analysis of the Law on Legitimation of Buildings of the Republic of Serbia and the previously valid Law on Legalization of Buildings was made. The aim of the research is to look at the previous and valid procedure, the necessary documentation and finally the price of the whole procedure, which is the most important item for the owners of the buildings when making a decision on starting the legalization/legitimation procedure for the building. The applied methodology is the analysis of valid and previously valid legal-regulatory documents; analysis of all steps in the process of legalization/legitimation of the facility according to valid and previously valid regulatory documents; analysis of the necessary conditions for the legalization/legitimation of the object according to the valid and previously valid regulatory documents; analysis of the necessary technical documentation for the legalization/legitimation of the facility according to valid and previously valid regulatory documents; comparative analysis of fees and charges provided for the legalization/legitimation of the facility by the current and previously valid regulatory documents; comparative analysis of the conditions for issuing a construction and use permit at the end of the process of legalization/legitimation of the object according to valid and previously valid regulatory documents. The conclusion was derived by the method of synthesis. The results of the comparative analysis of the Law on Legitimation of Buildings of the Republic of Serbia and the previously valid Law on Legalization of Buildings showed that the application of the Law on Legitimation of Buildings, which was in force at the time of the preparation of the Master's thesis, which is the basis for the preparation of this work, achieved a double advantage for the owners of buildings for which it is necessary to start the process of legalization/legitimation. The double benefit achieved by the Law on Legitimation of Buildings is reflected in the shortening of the process from the submission of documentation to the possibility of issuing a use permit, because the volume of necessary technical documentation has been reduced, and in the lower amount that the owner of the building pays in prescribed fees and taxes, which is conditioned by the usable area of the building being legalized /legitimized.