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  Legislation Extract

Montenegro Laws

Planning, Designing and Development Legislation

The Law on Spatial Planning and Development delineates responsibilities in the adoption of planning documentation between the Parliament of Montenegro and municipal parliaments.

NATIONAL PLANNING DOCUMENTS ARE:

1) Spatial plan of Montenegro;
2) Spatial plan of a special-purpose zone;
3) Detailed spatial plan;
4) Location study

Spatial plan of Montenegro is a strategic document and a general basis for the organization and development of land in Montenegro. Spatial plan of Montenegro establishes national objectives and measures in spatial development, in accordance with overall economic, social, environmental, cultural and historical development of Montenegro.

Spatial plan of a special-purpose zone is prepared and adopted for a territory or parts of territory of one or more local government units (municipalities) sharing common natural or other features that are of special interest to Montenegro or that are of regional interest and require a special regime of development and operation (national park, costal management zone, natural reserve, tourism and recreation zone, zone with monuments, exploitation field for surface extraction of mineral resources etc.). 

Detailed spatial plan is prepared particularly for major infrastructure of regional interest.

Location study – Zones that are encompassed by a spatial plan of a special-purpose zone, but have not been elaborated in detail by that plan, may be subject of a location study.

LOCAL PLANNING DOCUMENTS ARE:

        1) spatial plan of a local government unit;
2) general urban plan;
3) detailed urban plan;
4) urban design;
5) local location study.

PROCEDURE OF PREPARING AND ISSUING PLANNING DOCUMENTS
(Both national and local planning documents follow the same procedure)

Decision on the preparation of a planning document
Preparation of a planning document is pursued on the basis of a respective decision made by the Government, or an executive body of a local government unit. The constituent part of the decision on the preparation of a planning document is the Terms of Reference specifying the platform for such document.  

Preparation activities are the responsibility of a competent state authority or local government authority.

The preparation of a planning document may be awarded on the basis of a pubic invitation (tender).  

Submission of a planning document for opinion
Before being considered by the Government, a state planning document is submitted for opinion to the ministries in charge of: industry and energy; shipping and transport; tourism; agriculture, water management and forestry; culture; environment; and Republic administrative agency in charge of development activities and expert evaluation commission formed by the Government or the Mayor, as appropriate.

Submission of a planning document to the Government or executive body of a local government unit
The planning document incorporating the opinion and expert evaluation is then submitted by an authority responsible for preparatory activities to the Government, for the determination of the draft planning document. The planning document must be accompanied by a public discussion schedule.

Definition of proposed planning document  
The authority responsible for preparatory activities submits the draft planning document that includes expert evaluation to the Government, for the definition of the proposed planning document. The draft planning document is accompanied by a public discussion report.

Responsibility for the adoption
The Government, or the executive body of the local government unit, submits the proposed planning document to the Montenegrin Parliament, or municipal parliament, respectively, for adoption.

DESIGNING AND CONSTRUCTION

The Law on construction of facilities regulates designing and facilities construction. Technical documentation for the construction of facilities is prepared on the basis of technical specifications, location approval and terms of reference. In designing, building and using facilities, measures for the protection from land slides, floods, thunders, induced seismic activity from artificial lakes and other disasters must be ensured, in accordance with technical and other regulations. The building and use of facilities must be in all in accordance with applicable regulations and principles of seismic design and building.

Technical documentation includes particularly the following:
1) technological designs;
2) architectural designs;
3) structural and other construction designs;
4) electric utility designs;
5) mechanical plant, equipment and installations designs;
6) environmental impact assessment study;
7) other designs and detailed studies.
Types of designs: general design or conceptual design, preliminary design, main design, execution design and completed facility design.
General design or conceptual design and preliminary design are prepared for the purpose of defining the conception, feasibility and cost estimate of the construction.
The main design is prepared for the needs of construction of a facility and obtaining building permit.
Execution design elaborates details for the execution of works encompassed by the main design.
Completed facility design is the main design together with modifications that occurred during the construction.
Location approval and technical specifications
Before the preparation of a Conceptual Design or Main Design, the investor submits application to the authority in charge of issuing building permit for the Location Approval with technical specifications.

Contents of the location approval

Technical control of the main design
Agent that will perform technical control of the main design, for the buildings to be constructed on the basis of building permits issued by the Ministry of Economic Development, is appointed by the Minister of Economic Development.
Technical documentation prepared on the basis of regulations of other countries is subject to technical control in order to verify compliance of such documentation with our law and other regulations, standards, technical norms and quality standards applied in our country.

Urban development approval
A competent state authority will, after the review of technical documentation for the construction of a given building, issue an urban development approval, when the technical documentation is in accordance with specifications from the location approval. Upon the obtaining of the urban development approval, technical documentation becomes valid documentation on the basis of which the investor applies for the building permit.

Building permit – Ministry for Economic Development issues building permits for: facilities of basic and chemical industry, ferrous and non-ferrous metallurgy, facilities for the production of cellulose and paper, facilities for processing leather and fur, facilities for the production and storage of hazardous materials and similar facilities and plants that could endanger environment while operational; stations and plants for storage and decant of motor vehicle fuel; railways for public transportation; plants on liquid and petroleum gas;  highways, main and regional roads, tunnels longer than 50 m; ports with inbound and outbound capacity of over 500,000 t; airports; hydro-power plants and thermal power plants; high dams and accumulations filled with water, waste or ash for which technical surveillance is prescribed; transmission lines and substations with 110 kV or greater voltage and switch stations of 110 kV or more; main gas pipelines and oil pipelines; inter-regional and regional facilities for water supply; water treatment plants for urban settlements; inter-regional and regional sewerage systems; transit and main telephone-telegraphic exchanges and related equipment and inter-connections; facilities of special importance for country defense; broadcasting stations and radio relay systems; facilities used by a large number of persons (theatres, cinemas, exhibition halls etc.), religious facilities, universities, institutes and schools, hospitals,  stadiums, several-floor department stores, similar houses, hotels, business and residential buildings over 1000m2 and with more than four floors above the ground; primary town infrastructure networks;  silos of 500 m3 or bigger capacity; bridges with span of 15 m and more; halls with span of 15m and more, shell system structures, pre-stressed and stressed structures and cupolas; sanitary landfills and solid and hazardous waste treatment plants; industrial slaughterhouses, rendering plants and similar facilities; systems and facilities which are built on the territory of two or more local government units. 

Construction - of buildings, i.e. execution of works, may be carried out by a legal persons entered in a relevant register for the construction of such facilities and licensed for the execution of such works by the Technical Chamber of Montenegro.

Technical supervision - The investor performs, either alone or through a professional institution, technical supervision during the process of designing and building the facility.  

Inspection Certificate - Eligibility of a facility for use/operation is established through technical inspection.Technical inspection of facilities of interest to Montenegro is performed by a commission formed by the Ministry of Economic Development. A facility may be used/operated after obtaining the inspection certificate.

 
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