25th March Skopje – Preparation of the legal solutions to change the fees for state-owned construction land privatization is in progress, being implemented by the Property and Legal Affairs Office. It is a matter of state-owned land privatization amid already acquired user right. Price adjustment as per the respective Decree will provide for setting appropriate prcies through which the Legal and Property Affairs Office will implement the privatization process.
Procedures prescribed by this law are independently carried out by the Property and Legal Affairs Office. Sate-owned construction land will be privatized in line with the Law on Privatization and Lease of State-Owned Construction Land, adopted in 2005, with the amount of the privatization fee being set as per the 2011 Government’s Decree.
Due to certain information placed in the public, we must clarify that the procedures for sale of state-owned construction land differ from the procedures for privatization of state-owned construction land, and they are implemented pursuant to the Law on Privatization and Lease of State-Owned Construction Land, being conducted before the Legal and Property Affairs Office, while the sale of state construction land is carried out in accordance with the Law on Construction Land under procedures conducted before the Ministry of Transport and Communications or in the municipalities.
Property and Legal Affairs Office decides upon applications for privatization of state-owned construction land, as well as expropriation of private land pertaining to buildings of public interests. As per the Law on Privatization and Lease of State-Owned Construction Land, only land where a user right has been registered and acquired with legal grounds, is privatized and privatization is carried out only amid already acquired user right.
With respect to other cases mentioned in public, we must further explain that the procedures for termination of the right to use construction land of natural persons and legal entities, in favor of the Republic of North Macedonia, as per Article 80-b of the Law on Privatization and Lease of State-Owned Construction Land, the Property and Legal Affairs Office issues a decision for termination of right to use construction land of natural persons and legal entities, upon request by persons who have built or acquired an ownership over a building.
In fact, the right to use the land will terminate if the natural persons and legal entities registered as users of construction land, do not own a building or a special part of a building within the construction lot, for which a request for termination of the right to its use, has been submitted.
User who has been deprived of the user right may file an appeal against the Decision to the State Commission for Second-Instance Decision-Making in Administrative Procedure and Employment Procedure within 15 days from the receipt of the decision.
Ministry of Finance is preparing legal solutions to be submitted next week to the Government, for adoption, pertaining to the manner, the conditions and the amount of the fee for privatization of state-owned construction land.
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