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Law on spatial planning and construction of facilities.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Abstract
This Law regulates the system of spatial planning, the manner and conditions of construction of facilities, legalization of illegal facilities and other issues of importance for spatial planning and construction of facilities on the territory of Montenegro. Planning and construction are based on the following principles: 1) an integrated approach in the planning process in accordance with which the spatial planning, as a permanent process, based on a comprehensive review of the use and protection of space, in a way that is planned to implement all interventions in space, regardless of their location, purpose or type; 2) spatial sustainability of development and quality of planning and construction in accordance with which economic and social development of society, as well as sustainable development; 3) compliance of planning documents with ratified international agreements, declarations and conventions; 4) horizontal integration in accordance with which the development, adoption and implementation of development documents (strategies, plans, programmes, etc.), regulations and other general acts that affect spatial development and use of space, which are made on the basis of special regulations, aimed to respect the principles of planning, especially in terms of achieving spatial sustainability in the processes that affect the arrangement of settlements, use of natural resources, environmental protection, development of activities, infrastructure and their distribution in space; 5) vertical integrations in accordance with which, when adopting planning documents and development documents (strategies, plans, programmes, etc.) which are adopted on the basis of special regulations, and which affect the planning of space or spatial development, as all participants in the development of these documents are obliged to cooperate and respect each other goals and interests expressed in higher level documents; 6) prevention or mitigation of the effects of climate change in accordance with which mitigation measures are planned for preventing climate change and adaptation to possible climate change; 7) realization and protection of public and individual interest in accordance with which they are assessed and mutually harmonized in relation to public interest and individual interests that must be respected in the performance of planning and construction work, where individual interests must not harm the public interest; 8) reduction of seismic risk in accordance with which measures are taken in planning and construction for mitigation of consequence of an earthquake whose occurrence is predicted; 9) public participation in accordance with which public has the right to participate in the procedures of drafting and adopting planning necessary documents, as well as to inform and encourage public participation in planning and construction activities; 10) prohibition of discrimination in accordance with special regulations. In order to achieve economic, environmental and social goals, planning is also here established for spatial planning of sea areas.
The goals of planning and construction are: 1) balanced and regionally balanced spatial development harmonized with the needs of society, economy and space capacities; 2) rational and efficient use and preservation of spatial potentials and resources on land, sea and underwater, and protection of natural resources; 3) development of regional spatial features and preservation of identity and recognizability of landscapes; 4) mutually harmonized distribution of different human activities and activities in space, with the protection of integral space values; 5) protection and promotion of cultural goods and protected environment while preserving the integrity and authenticity of cultural values, creating conditions for sustainable use of cultural goods and high-value built space with respecting and developing the specific characteristics, integrity and values of natural and urban landscapes and ambience; 6) arrangement of construction land and quality and humane development of urban and rural settlements, as well as safe and healthy living and working conditions; 7) encouraging the investment environment aimed at developing and increasing the quality of space while at the same time economic development; 8) application of best practices in the development of urban units and quality improvement in the field of urban planning and architectural design, as well as improving the quality of buildings; 9) protection against earthquakes, landslides and other natural disasters; 10) stability and durability of facilities; 11) protection against technical-technological and other accidents; 12) rational use of natural resources, energy and increase of energy efficiency; 13) creating conditions for access, movement and stay of persons with reduced mobility and persons with disabilities.
Topics covered by this text are divided into fourteen main thematic Chapters and a total of 245 articles. Titles of Chapters are as follows: I. Basic provisions; II. Spatial planning; III. Arrangement of construction land; IV. Construction of facilities; V. Removal of facilities; VI. Temporary and auxiliary facilities; VII. Performance of activities; VIII. Licenses; IX. Chamber (Institution); X. Legalization of illegal buildings; XI. Complex engineering facilities; XII. Supervision; XIII. Penalty provisions; XIV. Transitional and final provisions.
Entry into force notes
This text entered into force eight days after its publication in the Official Gazette (originally published on 6 October 2017).
Notes
Consolidated version
Repealed
No
Publication reference
Official Gazette of Montenegro 64/2017-82/2020
Source language

English

Legislation Amendment
No
Original title
Zakon o planiranju prostora i izgradnji objekata.