Towards a credible legalization policy in Serbia

Abstract

The paper explores the legalisation policies of illegally constructed buildings (ICBs) in Serbia in both socialist and post-socialist period. The restrictive urban policy and the inability of the socialist model to provide affordable housing have influenced the emergence of ICBs as an alternative method of meeting housing needs. The exogenous adoption of legalization policies, especially in the post-socialist period, based on the neoclassical approach and "mainstream" neoliberal development, without examining the social mechanisms of the endogenous decision-making on the emergence of ICBs, as well as reducing of planning role (e.g. a deviation of planning, avoiding or abandoning of planning) makes their implementation incomplete and unsuccessful. Given that the endogenous factors of mass construction of illegal buildings are fragmentarily involved in legalization policies, this paper introduces the conceptual framework of “credibility thesis” of specific institutional forms. This paper debriefs the changes in the credibility of legalization policy measures in the socialist and post-socialist context by using of the credibility analysis as a tool in the evaluation of legalization policies. Empirical analysis of ICBs in Serbia indicates the suitability and acceptability of a theoretical framework based on the “credibility thesis” for the valorization of legalization policies. It can point to the desired direction of legalization policy, procedures and policy implementation mechanisms, and open a new perspective for improving its current performance. Also, here is supposed that the consequences of ICBs arise from their juxtaposition, non-ergodicity and “lock-in” status, i.e. the changes of the relationship in property rights, planning and laws. The issues of legitimacy and legal certainty of the ICBs could be reflected on legalization policy and possible long-term staying of illegality as a parallel system of property rights (with 2.1 million illegally constructed buildings out of 4.9 million in Serbia) with a inconceivable implications for urban planning.