Just over two months after this statement, the Government of the Republic of Serbia proposed to the National Assembly two amendments to the laws, that would abolish key consents and approvals that guarantee the safety of the use of facilities as well as their impact on the environment. These are the amendments to the Law on Planning and Construction, and the Law on Special Procedures for the realization of the international specialized exhibition EXPO Belgrade 2027.
During the drafting of the proposals, public participation was not enabled, although the amendments suspended the implementation of key mechanisms that ensure the safety of buildings, human health and environmental protection, as well as the preservation of cultural heritage. Citizens were not informed about drastic changes in regulations that are of particular interest to the public. The government explains the need for amendments to the special law for the realization of the EXPO by the fact that “it was determined that the provisions of the existing law are not the most expedient in the context of the timely realization of obligations in the field of construction of facilities”. There is no adequate explanation even for the sixteenth (!) in the series of amendments to the Law on Planning and Construction.
RERI warns of the following changes:
1. Derogation of the obligation to obtain a use permit before putting the facility into operation
What is the purpose of the use permit?
Issuance of a use permit is a confirmation by the competent authority that the facility has been constructed in accordance with the construction permit, project documentation, conditions and consents of the competent institutions, that certified materials, installations and equipment with a manufacturer’s declaration have been installed, as well as that all legal criteria have been met in terms of geodetic, energy and fire protection aspects of the construction. Briefly, the use permit is a guarantee of the fulfillment of the conditions that prove a certain facility can be considered safe and suitable for use.
Why is it dangerous to use facilities without a use permit?
Because, without a use permit, none of the competent authorities examines the technical documentation and does not guarantee that the facility is suitable for use. Therefore, no one takes responsibility if a facility turns out to be unsafe. Putting the facility into use only on the basis of the report of the technical commission formed by the investor creates a risk to people’s health and safety. Bearing in mind that these are facilities intended for the holding of events and the gathering of a large number of people, the security of those facilities becomes even more important. According to the chief city planner Marko Stojčić, this is an event that, in terms of the number of visitors, is comparable to the European or even the World Championships. The expected average number of visitors in one day would be 40,000 people, and over 3.5 million visits are expected during the three months of the exhibition.
Would any of the visitors dare to stay in the exhibition hall, if they knew that such a facility did not have a use permit?
2. Derogation of the obligation to obtain environmental impact assessment approval and its subsequent obtaining at the stage of issuing a use permit (if one is issued)
What is the purpose of an environmental impact assessment?
To prevent is better than to cure. That is the essence of an environmental impact assessment (“EIA”). Projects that, due to their characteristics, size or location, may have significant impacts on the environment and human health, must undergo an EIA before starting their implementation. An EIA procedure is carried out with the participation of the public and results in a study that contains the measures and conditions under which the project can be implemented. However, a study prepared by experts hired by the investor means nothing by itself, i.e. without the consent of the authority responsible for environmental affairs. An EIA approval is precisely an act that confirms that the measures and activities are prescribed in such a manner that they will lead to the elimination of the negative impacts of a project, or its reduction to the lowest possible extent.
Why is it important to conduct an EIA prior to issuing a construction permit?
An EIA approval must be obtained before the investor obtains a construction permit. An EIA is meaningless in any other case because the measures and conditions foreseen in the study must be incorporated into the technical documentation on the basis of which the construction permit is issued. Subsequent obtaining of an approval would not make sense at the stage of issuing a use permit – when the facility has already been constructed.
What if it is subsequently determined that the project cannot be implemented in a certain location? Or in the given capacities? Will the buildings be demolished right before the EXPO, or will the government turn a blind eye until the exhibition ends?
Who is responsible if irreversible damage to human health and the environment occurs?
If such proposals to amend the laws were to be adopted, no one would be responsible. The responsible project engineer will only make a statement that the project has been developed in accordance with the “draft” study and thus absolve himself of responsibility for any future damage. It is not clear according to which “draft” – does the investor have to submit a request for an EIA approval or can he quietly create a study in his own office that he will at a later stage share with the authority that will then issue the construction permit? And with a responsible project engineer, of course. A draft study without approval means nothing, and after a public consultation and a review by the technical commission, it can be fundamentally changed and extended with additional and different measures that contradict the very design solutions. If that happens to be the case, the project engineer would not be held responsible.
Why is that important?
Apart from the risk to a large number of visitors expected during the international exhibition, the plan to transform the designated area into a residential-commercial zone after the exhibition without a prior impact assessment is particularly worrying. Namely, the Spatial Plan of the Special Purpose Area of the National Football Stadium envisages a construction of a residential complex for approximately 4,500 residents, a primary school with a capacity of 600 students and a preschool with a capacity of over 300 children.
3. Derogation of the obligation to obtain the opinion on the need to prepare a study for the protection of immovable cultural properties in the case of the implementation of projects of national importance
Why is a Study on the Protection of Cultural Property necessary?
The protection of cultural properties and their environment is carried out through planning documents, in a way that respects their status, integrity and consistent respect of the prescribed regimes and measures of technical protection. Therefore, pursuant to the Law on Planning and Construction, prior to issuing a decision on the preparation of a planning document, it is necessary to obtain an opinion on the need to prepare a study on the protection of immovable cultural property. Therefore, in the earliest stages of drafting planning acts, before undertaking any activities, the cultural heritage in the designated area is carefully reviewed and evaluated so that it is not damaged by future plans and projects.
Why is the derogation of this obligation related to projects of importance to the Republic of Serbia problematic?
By excluding the obligation to develop a study for the protection of immovable cultural property, for all planning acts related to the implementation of projects of national importance, the preservation of the integrity, authenticity and value of cultural property due to changes in the urban space or the environment with which they represent a unique whole is called into question. If we look at individual projects of “national importance” such as Belgrade Waterfront, we can conclude that they are often areas aimed at the maximum level of building-occupied area with a minimal share of greenery, free areas, and even less cultural content.
At a time when the implementation of projects of “national importance” threatens to lead to the disappearance of complexes such as the Belgrade Fair, the Generalštab of the Army of Serbia and Montenegro and the Ministry of Defense in Belgrade, parts of the Belgrade Fortress, the Old Sugar Factory and numerous others, the effective and high-quality determination and implementation of technical protection measures should be imperative. However, the Government of the Republic of Serbia, through amendments to the Law on Planning and Construction, proposes further collapse of the system of protection of cultural property.