Of course. Here is the translation of the detailed guide, presented in a clear and casual English style.
The Protective Application for Legalization: How to File and What It Does for You
In a Nutshell
- The main requirement for legalization is that the building existed on the 2017/2018 ortho-photo and is in the property registry (LN/eKatastar). The authorities verify this by law (Art. 6-7).
- Submitting the application officially starts the process (this is what we call the "protective application") — Art. 13.
- For properties not yet registered (upis), there is a 6-month window after the law takes effect to start the registration process (Art. 48).
- Payments & discounts: the naknada za urbanu sanaciju (urban rehabilitation fee), up to 20% off for lump-sum payments, discounts of 50-90% for specific cases, and installment plans of up to 360 months (Art. 23-26).
- If you delay: restrictions will be placed in the cadastre within 24 months on all non-legalized properties, plus you'll face an annual fee and the risk of demolition (Art. 51; 26; 22, 42-43).
What a "Protective Application" Actually Is
This exact term isn't in the official law—it's a practical name for filing your application early (under Art. 13) within the transition period. It secures your right to the legalization process while you work on completing your property registration and gathering all your documents (a combination of Art. 13 + Art. 48).
Requirements for Eligibility (Art. 6-7)
- The property must be visible on the 2017/2018 ortho-photo; authorities are required to have access to these images (via WMS or inspector verification).
- It must be registered in the Property Deed (LN)/eKatastar with clear land rights (ownership/lease/right to build).
- It must have access to a public road.
What to Include With Your Application (Art. 13)
- Proof of ownership (Property Deed/LN, sales contract, inheritance document).
- A technical report (elaborat) of the building's actual "as-built" condition (geodesic/architectural survey).
- Photographs of the property.
- Receipt for the administrative fee payment.
The Costs: How Much and How to Pay (Art. 23-26)
- Naknada za urbanu sanaciju (urban rehabilitation fee): 80% goes to the municipality, 20% to the Montenegrin state budget. Discounts are available (up to 50% for a primary residence; up to 90% for socially vulnerable categories).
- Up to a 20% discount for a one-time lump-sum payment.
- Installment plans: Up to 360 months for a primary residence; up to 120 for other properties. Tourist facilities (4-5★ hotels/resorts) must pay in a lump sum or over a maximum of 60 months.
- The special coastal area fee—where applicable—can be paid in installments over 36 months (Art. 25).
What Happens If You Don't Apply (Art. 26; 51; 22, 42-43)
- An annual fee for the use of space: 0.5-2% (if you have a technical report/registration) or 1-3% (if you don't) of the average construction cost per m²—payable until the building is removed.
- Restrictions in the cadastre (on sales/business activities) will be placed on all non-legalized properties within 24 months. This also applies to properties where registration wasn't started within the 6-month window.
- Rejection and demolition: If the conditions of Art. 6 are not met or major violations are found, the authorities will issue a rejection, and the inspection service will initiate demolition.
FAQ: Why use the 2017/2018 photos if there are new ones from 2025?
The law deliberately sets a historical cutoff date: 2017/2018. This is a clear line: properties built after these photos were taken are not eligible for this legalization process. The new 2025 photos are used for enforcement and penalties, not for including more buildings in the program.