LAW ON PROPERTY RESTITUTION AND COMPENSATION

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accordance with Article 101 of the Law on Planning and Construction (“Official Gazette of RS”), No. 72/09, 81/09 – amendment, 64/10-decision of the Constitutional Court and 24/11 – hereinafter referred to as the “Law on Planning and Construction”). Construction land with a structure constructed without a building permit, which shall in the legalization process be defined as land for the regular use of the structure in accordance with the law on spatial planning, building of structures and construction land, shall not be returned. In the case referred to in paragraph 5 of the Article, the Agency shall terminate the procedure until valid completion of the legalization process. The land that shall be returned Article 23 The former owner shall on publicly owned construction land without structures, whose registered owner or beneficiary is the Republic of Serbia, Autonomous Province or a local self-government unit, recover the construction land in accordance with the provisions of the Law. The owner of a structure or owner of a separate physical part of the building, regardless of the time of construction of the structure, who was the owner during nationalisation of the construction land on which the structure was built, shall acquire the ownership right and/or co-ownership right of the construction land, if the right is not obtained on the basis of conversion in accordance with Article 101 of the Law Planning and Construction. The construction land shall be returned the former owner who is the holder of the right of use on the state-owned construction land without structures if he or she does not obtain the property right by conversion of the right of use to the property right in accordance with Article 101a of the Law on Planning and Construction. Notwithstanding Article 18, para. 1, item 9) of the Law, the former owner shall recover the property right and the right of use on the construction land without structures if the person referred to in Article 103 of the Law on Planning and Construction did not submit or does not submit a request for conversion within 60 days from the date of entry into force of the Law, and if conversion of the right of use to the property right is not carried out with a fee in the period of two years after the day of submission of the request, provided that the buyer in the capital sales agreement concluded in the privatisation process has accepted property restitution. The former owner shall have no right to the restitution of construction land without structures which as the holder of the right of use has a registered person referred to in Article 104, paragraph 1 of the Law on Planning and Construction, until completion of the conversion procedure with a fee, in accordance with the Law and bylaw referred to in Article 108, paragraph 1 of the Law, and if conversion of the right of use to the property right is carried out in the period of two years after the day of submission of the request for conversion. The former owner shall have no right to the restitution of construction land without structures which was leased for a long-term period, from 13 May 2003 to the date of entry into force of the Law, in accordance with the law on spatial planning, construction of structures and construction land, except in case of termination of the lease agreement, provided that the former owner submitted the claim in accordance with the provisions of the Law. The former owner shall recover the property right and the right of use on the construction land without structures for which a person – holder of the right of use shall have the right to conversion in accordance with regulations on planning and construction, and the right of use has remained at his or her request, in accordance with the regulations. If for any reason envisaged by the law or agreement, the long-term lease agreement referred to in paragraph 5 of the Article is terminated, the lesser shall be obliged to inform the Agency about this fact immediately, or not later than eight days after termination of the agreement, for purpose of terminating the procedure at the request of the former owner if it was submitted in accordance with the provisions of the Law. 10
The former owner who transferred the right of use of the construction land without structures to a third party, shall have no right to restitution or compensation in accordance with the Law. 3. Restitution of Agricultural Land, Forests and Forest Land What land shall be returned Article 24 The former owner shall recover the property right to agricultural and forest land and forests confiscated by the application of the regulations referred to in Article 2 of the Law. If confiscated agricultural and/or forest land was reparcelled and/or arondated after confiscation, the former owner shall have the right of restitution of the land obtained in the reparcelling process of the land. What land shall not be returned Article 25 The right of ownership of agricultural and forest land shall not be recovered if the following has been done on the date of entry into force of the Law: 1) Construction of a structure which is in operation on the date of entry into force of the Law at a cadastral parcel in the part used for the regular utilization of the structure, i.e. if the land contains a larger number of structures which are in operation on the date of entry into force of the Law, the size of the land which economically justifies utilisation of the structures; 2) Necessary new parcelling of the land for purpose of ensuring an access road to the land that is the subject of the claim for restitution; 3) Land in social and/or cooperative ownership acquired by encumbered legal transaction. More detailed criteria for determining the size of the land that shall not be returned as stated in paragraph 1, item 1) of the Article, shall be determined by the regulation of the Government. The Right of Use and Lease Article 26 A person, who on the date of adoption of an enforceable decision had the right to use agricultural land, shall seize to have the right on the date of enforcement of the decision on the restitution of property to the former owner. A person who had the right of use of agricultural land shall be obliged to return possession to the former owner after the harvest, no later than 30 October in the year in which the decision became enforceable and if the decision has become enforceable after this date, not later than eight days after the day of reaping the next yield in the following year. If agricultural land was leased in accordance with the Law on Agricultural Land, it shall remain in the possession of the lessee until expiry of the lease agreement, unless otherwise determined by the Law, or the parties agree otherwise, provided that the lessee pays the rent to the former owner from the date of enforcement of the decision on the restitution of the land. 4. Restitution of Residential and Commercial Buildings Residential Buildings and Apartments Article 27 11
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LAW ON PROPERTY RESTITUTION AND COMPENSATION

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