Changes in the construction law in North Macedonia (foreign natural and legal entities)

In accordance to the amendments of the Construction law, it is stipulated that a foreign legal entity may perform the activities of design, audit, construction, and supervision over construction of buildings, prescribed in the Republic of Northern Macedonia,  if it receives a certificate for performing the stated works from the body of the state administration responsible for performing the works in the area for arranging the space.

Based on the latest amendment of the law, in order to obtain a certificate, the foreign legal entity from a country that is a member of the European Union and from a country that is not a member of the European Union, should submit a request stating the activity and type of construction and submit the following documentation:

– proof confirming that the person is registered to perform the respective activity in the country in which he/she is domiciled;

– proof that there is a permit, ie a license for performing the appropriate works for the type of construction, for which it requires confirmation or proof from a competent body that in the country in which it is based in accordance with its regulations for performing the relevant works no permit is issued, ie a license and

– authorization for one of the employees in accordance with the matters for which the certificate is requested, confirmed by the Chamber of Authorized Architects and Authorized Engineers, and proof that he is employed by the applicant for the certificate.

The foreign legal entity from a country that is not a member of the European Union, in addition to the above documents, it is requirmed to submit a certificate(s) for successfully performed works appropriate to the works and the type of construction for which confirmation is required.

Based on the law, it is stipulated that the state administration body responsible for performing the activities in the field of spatial planning, if it determines that the submitted documentation is complete, shall be obliged within 15 working days to issue a certificate which the foreign legal entity may perform. 

The certificate shall be issued with a validity period of two years, and in cases when the license, ie the permit issued by the state in which the foreign legal entity is based, a validity period shorter than two years, the validity period of the certificate does not exceed the validity period in the license, ie the permit.

A foreign natural person who has an authorization from another country, may in the Republic of Northern Macedonia perform works on design, revision, execution, and supervision over construction of buildings, prescribed by the Law, if the authorization is confirmed by the Chamber of Authorized Architects and certified engineers. When confirming the authorization, it is determined whether the authorization of a foreign natural person corresponds to the authorizations. If it is determined that the authorization is appropriate, the Chamber of Authorized Architects and Authorized Engineers issues a certificate for its authenticity and for the type of authorization that the foreign natural person acquires in the Republic of Northern Macedonia.

A foreign natural person may perform the activities of design, audit, construction, and supervision over construction of buildings, prescribed by this Law, in a legal entity registered in the Central Register for performing those activities. As an exception, a domestic and foreign natural person may perform the activities of design, audit, and supervision over construction of buildings in the Republic of Northern Macedonia and independently, if selected in a public procurement procedure to perform of these works in a project funded by an international organization and/or the European Union. As an exception, a foreign legal entity and a natural person may perform the activities of design, audit, execution, and supervision over construction of buildings, prescribed by this Law, if an interstate reciprocity agreement is concluded in accordance with the conditions determined by the agreement.

The above text is for information purpose only. It’s content cannot be cosnidered a legal advise. Please consult a lawyer for more specific legal information.