Legalizations, new rules - 90 days deadline for possessors, accelerated procedures and conflict resolution
The government is proposing amendments to the law on the completion of transitional ownership processes. Through a draft law issued for public consultation, the ASHK is given new powers to accelerate procedures, while new rules are foreseen for unauthorized construction, conflicts between investors and possessors, religious buildings and illegal administrative acts.
According to the new proposal, if the owner of an unauthorized construction prevents ASHK employees from recording and updating the construction status, the Agency may decide to exclude the construction from the legalization process.
The change is justified by the need to avoid delaying procedures, given that the legalization process is temporary and the law provides for the completion of transitional ownership processes within the legal deadline.
Another innovation relates to cases where the owner of an unauthorized construction is not identified during the field investigation. ASHK will make a public announcement at the Administrative Unit where the property is located, at the relevant local directorate and on the institution's official website.
If, within 90 days of the public announcement, a subject does not appear to prove possession of the construction, the ASHK will decide to de-legalize it and will notify the authorities responsible for the inspection and control of the territory.
The draft law also provides for a mechanism to accelerate legalization procedures within 30 days.
This request may also be made by the territorial development authority, in cases where a development or construction permit exists on the plot where the unauthorized construction is located. An additional service fee provided by law will be applied for this procedure.
One of the most important changes relates to facilities built by legal entities. When there is a dispute between the investor or builder and the unit holders or land owners, the administrative legalization procedure can continue without immediately determining the beneficiary. The beneficiary will be determined after the conflict is resolved by the court with a final decision. This aims to avoid situations where a civil conflict between the parties blocks the completion of the legalization procedures for years.
Referring to the report, all these changes aim to complete the transitional processes by 2028.
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