07/09/2026 by Tetiana Sednieva

Legalization of Illegal Buildings in Montenegro

Many old houses in Montenegro share one problem. They stand, but by papers they do not exist. They were rebuilt, extended or raised at some point with no permit. And now that load follows any sale, inheritance and any reconstruction plan.

For such buildings Montenegro adopted a new illegal buildings legalization law in August 2025. It took effect on 14 August 2025 (official platform legalizuj.me). And this is likely the most important news for old property owners in years. A real legal path appeared to clean up the status.

But the path has a deadline. And that deadline moved twice in one year. Let us go in order. What the law covers, who decides, which deadlines apply now. And what an owner should do who misses them.

What is an illegal building

The law defines an illegal building as a structure or its part, built, reconstructed, extended or raised with no building permit. More: (illegal building definition in the law).

In plain words, any build with no permit papers. For an old house once altered with no papers, legalization is usually the only legal path. It cleans the status before a new reconstruction starts.

Which terms must hold

A building passes legalization if it meets several terms at once (legalization terms in the law):

it shows on the satellite and aerial photo survey of the area (for Montenegro such a survey was made in July 2025);
it is entered in the real estate cadastre;
it does not stand on land the plan reserved for structures of general interest;
property rights for the building are settled.

For a building in a protected zone separate terms apply. It passes if built within base urban parameters or reference points of the valid plan. It must match the protection act for that natural site. More: (legalization in protected zones).

And what if the house missed the 2025 satellite survey? The law keeps a separate proof track for that. If the owner states the building went up before July 2025, the owner files a request to certify the as-built survey (“elaborat premjera izvedenog stanja” – certified as-built survey). The request must include a structural expert opinion, and it must prove the building stood before July 2025. More: (consolidated law text, proof track).

There is also a simpler case. Buildings fixed on the 2018 orthophoto pass under the current law. The term runs, nothing was added or raised since. Gross area and floor count must match. More: (2018 orthophoto rule).

Who decides

Powers split between local and central level (power split in the law):

the municipality (local self-government) decides on buildings up to 500 sqm net area and on some protected zones;
the central authority handles buildings above 500 sqm. Most protected zones, hotels, 4-5 star tourist settlements and resorts.

Deadlines: what to keep in mind

The law tells the owner of a building not yet in the cadastre to start the track. It means cadastre entry within a set term (article 48). More: (article 48 of the consolidated text). The term itself moved twice in one year, and this matters so you do not trust outdated posts:

the first law version (August 2025) gave six months from the effective date to start the track (first 6-month term);
the February 2026 amendments (SL CG 18/2026) set 12 months. More: (consolidated text; amendments 18/2026 in the register). That is where the 14 August 2026 date came from, which the ministry reminded of in spring (ministry notice of 03.06.2026);
the August 2026 amendments (SL CG 117/2026, in force from 15.08.2026) replaced 12 mjeseci with 24 mjeseca in article 48. More: (amendments 117/2026 in the Sluzbeni list register).

The practical take as of September 2026. The last date to start cadastre entry is 14 August 2027. More: (Real Estate Administration note on extension to 14.08.2027).

One key point came with the extension. Empty filings no longer save the date. Before you could hold the term with an incomplete filing. Now, per the Real Estate Administration (“Uprava za nekretnine” – Real Estate Administration), you file at once with the full set, including the as-built survey. More: (full set mandatory at filing).

And one more split that owners mix up most. Cadastre entry is not legalization. It is the start paper. With no cadastre records the legalization track does not even start. More: (ministry notice: entry as precondition; RTCG: no track with no entry). And legalization itself comes as a separate decision (“rješenje o legalizaciji” – legalization decision), and the right to it does not end with the cadastre term. The ministry state secretary said directly that you can file for legalization even after the entry deadline. More: (RTCG, Okvir show: legalization possible after the term).

What if you miss the deadline

This is no theory question. Many old property owners will not reach 14 August 2027. The law holds three concrete effects here plus one separate branch.

First, demolition. The wording is harsh and sits in the law itself. For buildings where the entry track never started in time, the spatial protection inspector must issue a demolition decision. More: (inspector duty to issue demolition; same in the ministry notice).

Second, a yearly land use fee. If the building shows on the orthophoto but no legalization filing went in, the owner pays for space use (“naknada za korišćenje prostora” – space use fee). The fee runs yearly. It runs until the building is legalized or removed. Local authorities set the amount. More: (space use fee; RTCG on the fee set by local authorities).

Third, the building freezes in legal terms. With no cadastre entry and no legalization decision you cannot sell it (“otuditi” – to sell or transfer) and you cannot run business in it. More: (ban on sale and business use). The house stands, but you cannot sell it or open rentals in it. At the same time, some life goes on. Even for real estate with restrictive cadastre notes the law directly allows mortgage or pledge. Plus out-of-court sale, lease and inheritance. More: (exceptions: mortgage, lease, inheritance allowed).

Fourth, a separate branch. If no legalization filing went in but the building sits on the orthophoto. The local authority must check legalization terms on its own motion and carry the track forward. The same holds for tracks once stopped by a termination decision. More: (ex officio track continuation). So the window does not shut fully even without the owner goodwill. But do not take this as a plan. The same law still gives the inspector grounds both for demolition and for the fee.

So the missed-deadline line reads like this. The base path stays, legalization remains possible even after the cadastre term. More: (RTCG: right to legalization stays). But between on-time and late sits a band of duties, fees and risks up to demolition. Waiting to see makes zero sense. The earlier the entry track starts, the shorter the time under these risks.

Why deadlines keep moving

The law draws a large filing flow. In 2025 owners filed 6,105 requests, and in the first five months of 2026 already 8,000. More: (RTCG stats: 6,105 and 8,000 filings). No surprise the term moved twice already, and the Community of Municipalities (“Zajednica opština” – Community of Municipalities) warns of a backlog. Some filings may miss review in time due to volume, while filing intake will run on with a later chance to add papers. More: (RTCG on backlog and intake with add-ons; Investitor.me on extension). This also explains the tightening. A full set at filing tries to stop the term from stretching a third time.

Where to look for facts

All track, paper and deadline facts sit on the official Uprava za legalizaciju portal legalizuj.me. It plainly lists four steps: request, as-built survey, cadastre entry proof. Plus photos of all facades (JPG, 5 megapixels minimum, the owner can shoot them). More: (legalizuj.me portal; ministry notice).

And the ministry position reads like this. Citizens will get a chance to legalize their illegal buildings, and for future illegal builds a zero tolerance rule will apply (ministry position on gov.me).

Takeaway

The new law is a real chance for old buildings to step out of shadow. As of September 2026 there is one deadline that matters. Start cadastre entry before 14 August 2027, and this is not someday but less than a year. More: (amendments 117/2026; Real Estate Administration proof). For an owner this is the start point for any plan. You can sell, pass by inheritance, run business or grow the building further. And waiting for the last quarter makes no sense. The review queue is already long. More: (RTCG queue stats).

Next comes the practical plan. The series checklist piece puts all steps in order. And where any project starts after legalization – with urban conditions – read What Is UTU in Montenegro.

Sources

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