Serbia: Is an Occupancy Permit Required for the Use of a Building?
The fundamental principle is straightforward: yes, an occupancy permit is required. A building that needs a construction permit under the law can only be used once an occupancy permit has been obtained (Article 158, paragraph 1 of the Law on Planning and Construction, hereinafter referred to as LPC).
The occupancy permit confirms that the building has been constructed in accordance with the construction permit, is safe, and suitable for its intended use.
However, Serbian law provides several significant exceptions that substantially modify this principle.
Firstly, a building can be used without an occupancy permit if the competent authority fails to issue or reject the application within five working days of its submission. This is conditional on the application being accompanied by a report from the technical inspection commission, confirming the building’s suitability for use and recommending
the issuance of the occupancy permit (Article 158, paragraph 18 LPC).
In practice, this means that the building can be used shortly after the application is submitted. Given that obtaining an occupancy permit often takes several months, this is typically the standard procedure for starting to use a building.
Secondly, there are no immediate sanctions for using a building without an occupancy permit. The building inspector checks, among other things, whether an occupancy permit has been issued for the building in use (Article 175, paragraph 1, point 12 LPC) or whether the building is used in accordance with the issued permit (Article 175, paragraph 1, point 13 LPC).
If the inspector finds that a building is being used without an occupancy permit, they will not immediately prohibit further use. Instead, they will give the investor 30 to 90 days to obtain the permit. Only if the investor fails to comply within this timeframe will the inspector issue a decision prohibiting the building’s use.
These exceptions significantly facilitate and expedite the process of putting a building into use. Nevertheless, it is advisable to consult a lawyer for any uncertainties regarding the lawful execution of the construction and utilisation process of a building.
