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Pursuant to Article 71 section 2, Article 76 section 2, Article 80 section 1 and Article 81 section 4 of the Urban Development and Construction Act (“The Official Gazette of the Republic of Serbia”, No. 47/2003) Article 18 point 7 of the Local Government Act (“The Official Gazette of the Republic of Serbia”, No. 9/2002) and Article 27 section 1 point 4 of the Statute of the Municipality of Sremska Mitrovica (“The Official Journal of the Srem Municipalities”, No. 11/2002 and 24/2002), the Municipal Government on its sessions held on the 4 th of December, 2003 and the 24 th of January, 2005 rendered the following
D E C I S I O N
ON BUILDING LAND
REVISED TEXT
(The Decision was published in the “Official Journal of the Srem Municipalities No. 24/2003 and 1/2005)
I BASIC PROVISIONS
Article 1
This Decision prescribes and ensures the conditions and manner for rational use of the building land, according to its purpose in conformity with Law.
The decision particularly specifies the following: the procedure, conditions and the principle of letting on lease the public undeveloped building land to a definite period of time, the procedure, conditions and the manner of leasing the remaining undeveloped building land in private ownership, the development and use of the building land and other issues.
Article 2
Public building land is the land which was determined to be such by the Decision of the Municipal Assembly according to Law and the urban development plan.
The building land, which is not determined to be public in the manner from section 1, and on which the facilities were built or which was allocated for the facility construction, makes the rest of the building land.
Article 3
The activities related to the development, utilization, improvement and protection of the public building land, as well as other building land which is in state ownership, shall be performed by “The Directorate for the Development of the Municipality of Sremska Mitrovica”, a socially-owned company (hereinafter referred to as : Directorate) and according to the programme brought by the Municipal Assembly.
Article 4
The development of public building land comprises its preparation and furnishing.
The development of public building land shall be performed pursuant to the long-term, medium-term and annual programme of the development of public building land.
The programmes from section 2 of this Article shall be brought by the Municipal Assembly.
Article 5
For the financing of the works on the development of public building land the means collected from the following sources shall be used:
• lease for building land
• compensation for the development of building land
• compensation for building land use
• from other sources
Article 6
The development of other building land in state ownership shall be done pursuant to the programme brought by the Municipal Assembly.
Article 7
The compensation for building land use shall be paid by the investor, pursuant to the agreement made with the Directorate.
The amount of compensation for the development of building land shall be calculated in accordance with the special Decision.
III BUILDING LAND USE
Article 6
The building land shall be used as the developed or undeveloped land.
Article 9
For the use of the building land a compensation shall be paid.
The compensation for the use of building land and for other building land in state ownership shall be paid by: the facility owner, the holder of the right to use the facility, that is, to use the particular part of the facility, the lessor of the facility, that is, the lessor of the part of the facility.
The compensation for the use of public building land and other building land in state ownership shall be paid by the lessee.
The compensation for the use of other building land which is not in state ownership shall be paid pursuant to a special Decision.
Article 10
The amount of compensation for building land use shall depend on: the scope and level of land development, the highest permitted development index, its location in the settlement, the furnishing of the land with the facilities of public services and housing, transport connection of the land with the local centre, that is, the town centre, industrial estates and other facilities in the settlement and other favorable conditions that the land offers.
More precise criteria and standards for determining the amount, manner and the terms of payments for building land use shall be prescribed by a special Decision.
THE LEASE OF THE PUBLIC UNDEVELOPED BUILDING LAND
Article 11
The undeveloped public building land may be put out to lease on a definite period of time until it has been utilized for the purposes for which it was intended.
The land from Article 1 is put out to lease pursuant to the programme brought by the Municipal Assembly.
Putting out the land to lease from section 1 shall be done according to and upon the performed procedure of public tendering prescribed by this Decision.
Article 12
The contract time to which the land from Article 11 is put out to lease may not be longer than 5 years.
Before the expiry of the contract time the lease duration period may be extended, provided that it is in accordance with the programme of putting out to lease the public undeveloped building land to a definite period of time.
Article 13
On the putting out to lease the land from Article 11 of this Decision upon the previously performed prescribed procedure, the Lease Contract shall be signed by the Mayor.*
Before signing a Lease Contract the future lessor is obliged to submit the main project design for the construction of the temporary facility and the project of demolition of that facility with the draft calculation of demolition, as well as to deposit the means in the amount of the demolition costs calculation from the approved demolition project, onto the particular post of the Municipality Budget.
If the owner does not remove the facility, in the envisaged contract time the demolition and the removal of the building material shall be done by the Municipality from the deposit means. If the owner himself does not remove the facility, the deposit shall be returned to him in full.
As an evidence that the owner himself has removed the facility the certificate issued by the competent body shall be used.
*Modification
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The Official Gazette of the Srem Municipalities -1/2005
V THE LEASE OF OTHER UNDEVELOPED BUILDING LAND
IN STATE OWNERSHIP
Article 14
Other undeveloped building land in state ownership may be put out to lease, for the purpose of construction, in conformity with the appropriate urban development plan pursuant to the programme of putting out to lease other undeveloped building land in state ownership, at the longest period of 99 years.
The programme from section 1 shall be brought by the Municipal Assembly.
The contract time for achieving the purpose of land from section 1 of this Article is 3 years from the day of signing the contract on putting out to lease the other building land in state ownership.
The contract time of the lease duration period shall be determined in a particular case depending on the purpose, area, period of facility amortization and other guidelines.
Before the expiry of the contract time provided in section 4 of this Article, the lease may be prolonged pursuant to this Decision.
Article 15
The other building land in state ownership shall be put out to lease as the undeveloped and developed.
Exempted from section 1 of this Article, the other building land in state ownership which has not been developed may be put out to lease, provided that the person to whom the land is put out to lease undertakes the responsibility to perform certain works on the development of that land at his own cost.
The condition provided in section 2 shall be publicized in the advertisement about public tendering.
Article 16
Pursuant to the Lease Contract the lease must be paid.
Further criteria and standards for determining the initial lease amount, the manner and payment conditions shall be prescribed by a special Decision.
Article 17
The other undeveloped building land in state ownership shall be put out to lease for the purpose of the construction by public tendering.
Exceptionally, the land from section 1 of this Article may be put out to lease by an immediate bargain in the cases provided by Law.
Leasing the Land by Public Tendering
Article 18
The Decision on the announcement of public tendering for putting out to lease the other undeveloped building land in state ownership shall be brought by the Mayor in accordance with the Programme.
Article 19
The advertisement on public tendering contains:
- description and more detailed data on the building lot
- the level of utility services of the building lot
- conditions for construction on the building lot (pursuant to the planned regulation) and the term of construction
- minimum level of construction
lease duration period
- the initial amount of the lease
- the amount of compensation for the land development
- the time of utilization of land for the purposes for which it was intended
- the obligation of the participant to pay the deposit of 10% from point 6 of this Article
- place and time of public tendering
- the term for the submission of applications
- other issues.*
* Modification - The Official Gazette of the Srem Municipalities – 1/2005
Article 20
Public tendering may be held at 8 days at earliest upon the advertisement publication.
The procedure of public tendering shall be done by the Committee made by Mayor.
The Committee from point 2 of this Article has the president and 4 members.
Expert and administrative jobs for the Committee and Mayor shall be done by the Directorate.
*Modification - The Official Gazette of the Srem Municipalities – 1/2005
Article 21
The participant in public tendering applies to the Directorate 3 days at latest from the commencement of public tendering.
Enclosed in the application is the proof on deposit payment.
The participant in public tendering gives the statement in his application that he accepts all the conditions from the advertisement.
The application of the legal entity contains: the name and seat, the data on being registered at the competent body (the number, the date and the name of the body), tax identification number, the signature of the authorized person and the seal.
The application of the physical person contains: the given name and surname, the address and the personal identification number.
If the application does not contain all the necessary data, or if the data have been given in discord with the published conditions, or if the deposit pay slip has not been submitted, the Committee shall ask the participant to remove the faults before the commencement of public tendering.
The participant who does not act in accordance with the request of the Committee, loses the title of participation in public tendering.
Article 22
The president or the Committee member who applies for public tendering does not participate in the work of the Committee for public tendering.
Article 23
Public tendering shall be held even in the case when there is only one participant, the only difference being that the lease is to be determined in the initial amount.
If no participant applies for public tendering or if the public tendering has not been succeessful, the announcement procedure shall be repeated.
Article 24
Public tendering shall be opened by the President of the Committee who determines who submitted the application for participation in public tendering, who of the applicants is present with correct authorization to participate in public tendering.
The Committee President announces the initial amount of lease and asks the participants to give their offers.
The participant of the public tendering is obliged to say clearly and loudly which amount of lease he is offering.
The Committee President asks three times if someone is giving more than the biggest previously offered amount and states after the third call what the highest offered amount is and the name of the bidder.
The participant who offered the highest amount signs the statement that he offered the highest amount designating the amount.
Afterwards, the Committee President announces that public tendering has been finished.
Minutes is kept about the work of the Committee.
Article 25
Public tendering being finished, the Committee, in the period of 5 days, makes the proposal of the Decision on Putting Out the Land to Lease.
The minutes on the work with the proposal from section 1 of this Article the Committee is submitted to the Mayor* by the Committee.
* Modification - The Official Gazette of the Srem Municipalities -1/2005
Article 26
The Decision on Putting Out to Lease of the building land shall be brought by Mayor.*
The Decision from section 1 contains:
• the data on the lessee
• the description and more detailed data on the building lot
• the description and more detailed data on the facility which is being built
• the lease amount
• the amount of compensation for the land development
• the lease duration period
• the term of getting the land to its purpose
• the obligation of the lessee to, within 30 days from the day the Decision on Leasing the Land was brought, sign the Lease Contract with the Mayor.*
• Amendment -
The Official Gazette of the Srem Municipalities -1/2005
Article 27
Putting out to lease the building land shall be performed pursuant to the agreement made with the Mayor and the lessee, and pursuant to the Decision on putting out the land to lease from Article 26.
The Lease Contract contains in particular:
• the records on the building lot
• the data on the purpose and size of the facility for the construction of which the land was leased
• the amount of lease, terms and manner of payment
• the duration period of lease
• the deadline for getting the land to its purpose
• the term and manner of paying the compensation for the development of the building land
• other rights and obligations
• rights and obligations in case of breaching the obligations
Article 28
The Lease Contract shall be made within 30 days from the day of bringing the Decision on putting out the land to lease.
All the participants in the procedure of public tendering shall be informed in writing on the conclusion of the contract from section 1 of this Article within 5 days from the date of its conclusion.
The participant of the public tendering who thinks that the land given on lease is contrary to the legal regulations, that is, that his right was endangered in the process of public tendering, may lodge a complaint for the annulment of the contract to the competent court within 8 days from the day he was informed about the contract conclusion, and within 60 days at the latest from the day of the contract conclusion.
If the person to whom the land was leased, by his own fault, does not conclude the contract within the envisaged period of time provided in section 1 of this Article, the Mayor shall bring the Decision on the annulment of the Decision on putting out the land to lease.
The person from section 4 of this Article shall not have the right to reimbursement of the paid deposit at public tendering.
*
Modification - The Official Gazette of the Srem Municipalities -1/2005
Leasing the Land by Immediate Bargain
Article 29
The remaining building land in state ownership shall be let on lease by immediate bargain in the cases prescribed by Law at written request of the interested person.
Article 30
The request for letting on lease the building land pursuant to Article 29 of this Decision shall be submitted to the Committee from Article 20 of this Decision.
The Committee determines the soundness of the submitted request and explains the conditions for letting on lease that land to the applicant, who is to give his opinion on the aforesaid land in writing.
The Committee makes the proposal, which is submitted to the Mayor within 8 days with the written statement of the applicant.
The Decision on letting on lease the land by immediate bargain shall be brought by the Mayor.*
Pursuant to the Decision from section 4 of this Article the Lease Contract shall be signed with the Mayor.*
*Modification - The Official Gazette of the Srem Municipalities -1/2005
VI OTHER PROVISIONS ON LAND LEASING
The lessee of the land has the right to build the envisaged facility on the land, on which he acquires the right of ownership and the right to use the land in accordance with its purpose.
By an announcement in public tendering it may be envisaged that a part of the lease amount as well as the compensation for the development of building land will be calculated as the part of the Municipality on the facility which is being built.
In the case from section 2 of this Article, the Mayor*, in the name and on behalf of the Municipality, concludes the joint venture contract with the lessee and manages the acquired part of the real estates.
*
Modification - The Official Gazette of the Srem Municipalities -1/2005
Article 32
In case when the Lease Contract has been made with several lessees, each lessee, within the term envisaged for the facility construction, may state in writing that he wants to break the Lease Contract regarding his part of right and obligation.
The proposal for the breaching of the contract from section 1 of this Article shall be submitted by the lessee together with the written concurrences of other lessees and statements that they undertake his rights and obligations arising from the contract.
The Mayor shall bring the Decision on Breaching the Contract with the person from section 2 of this Article and on undertaking the rights and obligations on the part of other lessees.
Pursuant to the Decision from section 3 of this Article, Mayor and the lessees shall make the Annex of the Lease Contract within 30 days from the day the decision was brought.
*
Modification - The Official Gazette of the Srem Municipalities -1/2005
Article 33
As regards the turnover of the facility built on the remaining building land in state ownership let on lease, the lessee is obliged to submit to the Mayor in writing the Agreement on Turnover within 15 days from the day of the court verification of the agreement.
In case of death of the owner of the facility which was built on the land from section 1 of this Article, the inheritor shall be obliged to submit to the Mayor* the valid Decision of the competent court on inheriting the facility in the period of 15 days from the day this Decision has come into effect.
Pursuant to the evidence from section 1 and 2 of this Article, the Mayor*shall, together with the person who submits the evidence, make the Annex of the Lease Contract.
*
Modification - The Official Gazette of the Srem Municipalities -1/2005
Article 34
The provisions of this Decision determining the letting on lease the public undeveloped building land to a definite period of time up to its achievement of purpose, shall be applied similarly to the letting on lease the developed public building land for the purpose of temporary erection of the prefabricated buildings and other facilities and appliances on the public area, taking into account that in this case the land may be let on lease to 3 years at the longest, whereas the procedure and the manner of erecting the prefabricated buildings and appliances on the public area shall be prescribed by a special provision.
VII THE COMPLETION OF THE LEASING OF BUILDING LAND
Article 35
The leasing of building land ceases by the expiry of the contracted time.
The leasing ceases before the contract time if the lessee:
• does not pay the lease in the contract time
• does not pay the compensation for the development of building land
• uses building land contrary to the purpose it was given
• in the period of 3 days of the signing the contract on letting on lease the building land does not get the land to its purpose or does not make greater works for which the building land was given to him.
The Decision on the ceasing of lease from section 1 and 2 of this Article shall be brought by the Mayor*.
Article 36
If the lease ceases pursuant to Article 35, section 2, point 2, 3 and 4 the lessee shall be entitled to the restitution of the part of the paid compensation on behalf of the lease or the development of the building land, which shall be regulated by a special contract between the lessor and the lessee pursuant to the Decision on the ceasing of lease.
In cases of the ceasing of lease provided in Article 35, section 2, the restitution of funds given on behalf of the deposit for the participation in the procedure of granting the building land shall not be done.
TRANSITORY AND FINAL PROVISIONS
Article 37
Commencing on the day this Decision comes into force, the Decision on Building Land («The Official Gazette of the Srem Municipalities , No.8/96,5/97,15/98 and 13/2001).
Article 38
This Decision comes into force on the eight day of the day it has been published in the Official Gazette of the Srem Municipalities.
Pursuant to Article 74, section 2, Article 76, section 2 and Article 81, section 4 of the Act on Planning and Construction («The Official Gazette of the Republic of Serbia», No. 47/2003), Article 18, point 7 of the Act on Local Self -Government («The Official Gazette of the Republic of Serbia», No. 9/2002) and Article 27, section 1, point 13 of the Statute of the Municipality of Sremska Mitrovica («The Official Gazette of the Srem Municipalities», No.11/2002 and 24/2002), the Municipal Assembly of Sremska Mitrovica, on the sessions held on the 26th March, 2004 and on the 24th of January, 2005, rendered the following
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