The Assembly of the Republic of North Macedonia adopted the Law Amending and Supplementing the Construction Law on 22 April 2025, published in the Official Gazette of the Republic of North Macedonia No. 87 on 29 April 2025. According to Article 26 of the aforementioned Law, this Law enters into force on the eighth day following its publication in the Official Gazette of the Republic of North Macedonia.
With the adoption of the Law Amending and Supplementing the Construction Law, significant changes are introduced that directly affect the construction sector, the rights and obligations of the participants in the construction process, as well as other matters of relevance to construction and civil engineering.
A significant amendment introduced by this Law is the enactment of Article 9, which states: “Article 62-a is repealed.”
Article 62-a, paragraphs 1 and 2 of the Construction Law, provided as follows:
(1) The competent authority that issued the construction permit shall, within three days from the date of issuance, notify the immediate neighbours of the construction plot regarding the issued construction permit and inform them that they may inspect the documentation within fifteen days from the date of issuance of the permit.
(2) If the immediate neighbours do not inspect the documentation and/or do not file an appeal against the construction permit within fifteen days from the date of issuance, the construction permit shall become legally valid (final and enforceable).
With the enactment of Article 9 of the Law Amending and Supplementing the Construction Law (Official Gazette of the Republic of North Macedonia No. 87/25), the legal obligation is repealed, which previously required the competent authority that issued the construction permit to notify the immediate neighbours of the construction plot within three days and to allow them to inspect the documentation and submit a potential appeal within the prescribed fifteen-day period from the date of issuance.
Article 25 of the Law Amending and Supplementing the Construction Law (Official Gazette of the Republic of North Macedonia No. 87/25) provides that procedures initiated pursuant to Article 62-a of the Construction Law before the entry into force of this Law shall continue in accordance with the provisions of this Law.
The adoption of such provisions is striking and might lead to proceedings before the Constitutional Court of the Republic of North Macedonia or before international courts, due to the fact that the right of immediate neighbours to inspect the documentation and to submit an appeal is being curtailed. This is particularly concerning considering that one of the fundamental values of the constitutional order of the Republic of North Macedonia, as stipulated in Article 8 of the Constitution, is the legal protection of property. Also, Article 15 of the Constitution guarantees the right to appeal against individual legal acts adopted in first-instance proceedings before a court, administrative authority, or organisation or institution exercising public powers.