A New Legal Framework for Illegal Buildings

The current system was introduced by the Law on Legalisation of Illegal Buildings, which entered into force on 14 August 2025.
The purpose of the new legislation was to establish a comprehensive system for dealing with Montenegro's long-standing problem of illegal construction and to provide owners with a legal route towards registering and legalising existing buildings.
The system involves several institutions and professionals, including the Real Estate Administration, local authorities, licensed geodetic organisations and other competent bodies.
Legalisation is therefore not simply a matter of submitting one application. Depending on the property, it may involve cadastral registration, preparation of a geodetic elaboration, resolving ownership issues and providing additional technical documentation.

Why Did Problems Appear After the Law Entered Into Force?

One of the main challenges was that the new legalisation framework was introduced while some of the technical and legislative conditions necessary for its implementation were still being established.
The availability of satellite and aerial-photogrammetric data was one of the important practical issues. The Government subsequently announced that the necessary survey of Montenegro had been completed and published, while additional amendments to cadastral legislation were also required to make the system fully operational.
There was also a significant legal inconsistency between the new Law on Legalisation and the Law on State Surveying and Cadastre.
This became particularly important because property owners needed a geodetic elaboration of the actual condition of the building in order to proceed with registration.
The two legal frameworks were not fully aligned before the original deadline of 14 February 2026. This created practical difficulties for licensed geodetic organisations in preparing and certifying the necessary elaborations.
As a result, many owners were ready to begin the process but were affected by circumstances outside their direct control.

Why Was the First Deadline Extended?

The original deadline for owners of illegal buildings that were not registered in the Cadastre was 14 February 2026.
As the deadline approached, it became clear that the legal and technical framework was not functioning as originally anticipated.
The Government therefore proposed an extension, referring, among other things, to the incompatibility between the Law on Legalisation and the Law on State Surveying and Cadastre, which prevented the required elaborations from being prepared and certified within the original timeframe.
The deadline was consequently extended by six months, until 14 August 2026.
This was not simply an extension because property owners needed more time. It reflected the fact that the legalisation system itself required additional time to become fully operational.

What Has Happened Since Then?

The process has gradually become more structured, but legalisation remains technically and administratively demanding.
A large number of owners are still dealing with issues such as:

• buildings that are not registered in the Cadastre;
• differences between the actual condition and cadastral records;
• missing or outdated documentation;
• unresolved ownership or inheritance matters;
• land ownership issues;
• the preparation of geodetic elaborations; and
• additional technical requirements depending on the building.

The scale of the problem is significant. According to the Ministry, more than 64,000 legalisation applications had been submitted under earlier legislation, while thousands of new applications were submitted under the current framework.
This demonstrates why the process cannot realistically be treated as a simple administrative formality.

The New Deadline: 14 August 2027

The latest changes have extended the deadline again, this time until 14 August 2027.
The purpose is to give owners additional time to initiate the cadastral registration process and address issues that prevented them from doing so within the previous deadlines.
The extension is particularly relevant for properties affected by unresolved inheritance, ownership disputes and other legal or administrative obstacles.
At the same time, the latest framework places greater emphasis on having the required documentation properly prepared before the cadastral registration process is initiated.

An Important Distinction

The date 14 August 2027 should not be confused with a deadline for completing the entire legalisation procedure.
The important deadline concerns the initiation of the cadastral registration process for an illegal building that has not yet been registered.
The legalisation procedure itself may continue after the application has been properly initiated, depending on the circumstances of the individual property and whether additional requirements need to be fulfilled.

What Does the Process Generally Involve?

Every property is different, but the process will generally require several steps.
1. Legal and cadastral review
The first step is to establish what is actually registered in the Cadastre and compare it with the physical condition of the property.
2. Geodetic documentation
Where required, a licensed geodetic organisation prepares the elaboration of the actual condition of the building.
3. Cadastral registration
The relevant documentation is submitted to the competent cadastral authority so that the building can be properly recorded.
4. Legalisation procedure
Following the relevant cadastral steps, the legalisation procedure continues before the competent authority.
5. Additional requirements
Depending on the property, additional technical or legal documentation may be required, including documentation relating to structural or seismic stability.
6. Ownership and land issues
If there are unresolved inheritance, ownership or land-related issues, these may need to be addressed before the process can be completed.
The exact requirements depend on the individual property. There is no single procedure that applies identically to every illegal building.

Why Should Owners Start Now?

The extension to 2027 is positive for property owners who need additional time.
But it can also create a false sense of security.
If a large number of owners wait until 2027, geodetic organisations, cadastral authorities and other competent institutions may face significantly greater pressure as the deadline approaches.
More importantly, many properties have problems that cannot be solved immediately.
An owner may discover that there is an inheritance issue, a cadastral discrepancy, missing documentation, an unresolved land issue or another legal obstacle.
Starting early gives the owner time to identify and resolve those problems.
It also matters for property transactions. An unresolved legalisation or cadastral status can significantly complicate the sale, transfer, financing or other disposal of a property.
For this reason, owners who are considering selling or otherwise dealing with their property should not wait until the final months before checking its status.

What Should Property Owners Do Now?

The most practical approach is simple:
First, establish the current legal and cadastral status of the property.
Then determine:

• What is registered in the Cadastre?
• Does the cadastral record correspond to the actual condition?
• Has a legalisation procedure already been initiated?
• Is a geodetic elaboration required?
• Is any documentation missing?
• Are there ownership, inheritance or land-related issues?
• What additional technical requirements apply?

Once these questions are answered, it becomes much easier to determine the correct procedure and the documents that need to be prepared.

How CMM Legal Department Can Help

Legalisation requires coordination between legal, cadastral, technical and administrative aspects of a property.
The CMM Legal Department can assist property owners throughout the process, including:

• Legal and cadastral status checks
• Review of existing documentation
• Identification of missing documents and unresolved issues
• Coordination of required documentation and geodetic procedures
• Preparation and submission of applications
• Communication with competent authorities
• Assistance with ownership and cadastral issues
• Monitoring the legalisation procedure

The Bottom Line

Montenegro's legalisation system has undergone significant changes since the new framework entered into force in August 2025.
The original deadline of 14 February 2026 was extended because the system faced practical difficulties, including the fact that the new legalisation framework was not fully aligned with the Law on State Surveying and Cadastre, which affected the preparation and certification of the required geodetic elaborations.
The deadline was then extended to 14 August 2026, and it has now been extended again to 14 August 2027.
The additional year is an opportunity — but it should not be treated as a reason to wait.
The earlier you check your property's status, the more time you have to identify problems, prepare the required documentation and initiate the process properly.
If you own an illegal or unregistered building in Montenegro, the most important question is not simply how much time is left.
It is:
Is your property ready for legalisation — and if not, what needs to be done?
CMM Legal Department — Legal & Administrative Support for Property Owners in Montenegro.