Illegal Construction as a Criminal Offense in the Republic of North Macedonia: Legal Analysis

Illegal construction, as defined by the Criminal Code of the Republic of North Macedonia, is classified as a criminal offense under the chapter on Criminal Offenses against Property. Every municipality in North Macedonia faces challenges related to illegal construction. These constructions cause significant financial, urban, and environmental harm— impacting not only the state and municipal budgets but also citizens indirectly.

The Municipality of Gostivar, one of the largest urban municipalities in the country, is particularly affected, with over 15,000 cases filed to legalize structures built without proper permits. These unauthorized buildings often lead to financial loss, urban disorder, and environmental degradation due to construction on unsuitable land—such as areas designated for green space or near rivers—without any planning for infrastructure, water supply, or sewage systems.

This paper employs both quantitative and qualitative research methods to explore this issue in depth. Factors such as impunity, the enactment of the Law on Treatment of Illegally Constructed Buildings, weak institutional enforcement, inadequate municipal capacity, and corruption across municipal administrations, police, prosecution, and judiciary have collectively fostered a climate where unauthorized construction flourishes.

Ultimately, the Criminal Code must be enforced rigorously. If enforcement proves impractical, decriminalizing the offense and introducing strict financial penalties for illegal construction may be an alternative approach.