Modification of Construction Permits and Transfer of Subjective Rights

Živković, Miloš and Milenković, Marko and Nikolić Popadić, Sofija (2019) Modification of Construction Permits and Transfer of Subjective Rights. Anali Pravnog fakulteta u Beogradu, 67 (3). pp. 124-142. ISSN 0003-2565 eISSN: 2406-2693

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Abstract

Amending construction permits is important for regulation of construction. Serbia had an inflexible system that did not allow it, due to lack of transferability of the underlying rights and state monopoly over construction land. Enabling ownership of construction land made it necessary to allow the transfer of construction permits. This was done while maintaining the system of issuing construction permits to developers and focusing on digitalization. This made the rights from administrative decisions transferable, which should not be the case. The root of confusion is a lack of distinction between public and private law aspects of construction. Comparatively, coupling construction permit with a developer is traditional in the former Yugoslav countries. In countries that did not have a socialist period, public and private law aspects of construction are distinguished and construction permit is coupled with the land. This solution is an indication for future development of construction law in Serbia.

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