NOVELTIES IN THE SERBIAN HOUSING AND BUILDING MAINTENANCE ACT: CURRENT ISSUES AND EUROPEAN STANDARDS Cover Image

НОВИНЕ У ЗАКОНУ О СТАНОВАЊУ И ОДРЖАВАЊУ ЗГРАДА РЕПУБЛИКЕ СРБИЈЕ – ИЗМЕЂУ РЕАЛНОСТИ И ЕВРОПСКИХ СТАНДАРДА
NOVELTIES IN THE SERBIAN HOUSING AND BUILDING MAINTENANCE ACT: CURRENT ISSUES AND EUROPEAN STANDARDS

Author(s): Miroslav Lazić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: housing; building maintenance; professional (building) manager; tenants’responsibility

Summary/Abstract: The new Housing and Building Maintenance Act of the Republic of Serbia aims to regulate the use and maintenance of multi-unit residential buildings in order to do away with numerous problems arising in tenants’ relations as well as in relations with third parties and particularly with the local administration. In this paper, the author analyzes the new provisions on: establishing the Registry of Residential Communities as an electronic public database; introducing the post of a building manager (who may be either a professional licenced manager or the owner of an apartment in the building); the tenants’ obligation to pay (monthly) maintenance costs and the provision concerning severe sanctions and the possibility of engaging enforcement agents for forced collection of dues; the manager’s obligation to ensure the owner’s compliance with the lease obligations, which would contribute to more efficient tax collection; the tenants’ obligation to look after the exterior and interior appearance of the building, and to be responsible for any damage; the obligation of the local administration unit to issue a decision on the regulation of city zones, thus obliging the responsible persons to perform specific investment maintenance works, and envisaging the possibility of enforced performance at the expense of the responsible person/entity. Another important issue envisaged in the new HBM Act concerns the problem of homelessness, particularly in terms of addressing the question whether the society has a suitable social response for the problems encountered by the homeless, or people who have been rendered homeless, as potential beneficiaries of housing support. Upon analyzing these provisions, the author discusses the likelihood of accomplishing the goals of sustainable housing management, envisaged in the UN Geneva Charter on Sustainable Housing, with specific reference to the European strategy for sustainable development in urban areas and particularly bearing in mind the poor financial standing of important issue envisaged in the new HBM Act concerns the problem of homelessness, particularly in terms of addressing the question whether the society has a suitable social response for the problems encountered by the homeless, or people who have been rendered homeless, as potential beneficiaries of housing support. Upon analyzing these provisions, the author discusses the likelihood of accomplishing the goals of sustainable housing management, envisaged in the UN Geneva Charter on Sustainable Housing, with specific reference to the European strategy for sustainable development in urban areas and particularly bearing in mind the poor financial standing of Serbian citizens as apartment owners and the role of the wider community in resolving these problems.

  • Issue Year: LVII/2018
  • Issue No: 81
  • Page Range: 31-50
  • Page Count: 20
  • Language: Serbian