Instruments

Long-term lease, PPP and concessions

The ways public land in the opportunity portfolio is made available: mostly long-term lease, with PPPs and concessions reserved for projects that serve a public purpose or use the sea front.

Luštica peninsula

Legal basis
State-property framework; Law on Public-Private Partnership; Maritime Domain rules
Applies to
State-owned and municipal sites in chapter 6.3

The rules

Rules of the Long-term lease, PPP and concessions
RuleWhat the guide sets out
Long-term leaseDefault route for state and municipal land; sale only where the law allows
PPPOnly where the project includes a public-interest component, public infrastructure, works or services; MIA approves proposals and keeps the register
ConcessionOnly where the law requires it, for example Maritime Domain use or commercial berths
Master developer or development agreementCan structure delivery and phasing but is not itself a legal basis for land rights

Procedure

  1. Engage the Ministry of Tourism, the Montenegrin Investment Agency and the municipality in parallel
  2. Bring in the relevant line ministry early where state land or a concession is involved
  3. Do independent legal, technical, tax and environmental due diligence before relying on any site

How it works in practice

Almost every public site in the opportunity portfolio reaches an investor through one of these routes, so anyone looking at state or municipal land needs to understand them. Long-term lease is the default: the state or the municipality keeps ownership, and the investor builds and operates for the term of the lease. It is the structure behind most of the flagship coastal projects, which shows that international operators and lenders already work with it.

Picture a coastal hotel site with its own shoreline and a handful of commercial berths. The hotel land would normally be leased. The berths sit in the Maritime Domain and may need a separate concession. If the investor also offers to rebuild a public promenade or a ferry landing, that public element could justify structuring the scheme as a PPP, which the Montenegrin Investment Agency must approve and enter in its register. A development agreement might then fix phasing and obligations, but it sits on top of the lease or PPP; it does not replace them as the basis for the land right.

Before negotiating, establish who holds the right of disposal over the land: the Government, a ministry or the municipality. Ask for the lease term, the rent basis and indexation, the termination and step-in terms, and whether the lease can be assigned or pledged to a lender. For a PPP, make sure the public-interest component is real and properly appraised. For plots in the Maritime Domain, confirm which parts need a concession and whether its term lines up with the hotel lease.

These are routes to land, not tax benefits, so they sit underneath the other instruments. A Tourism Development Zone is itself a way to obtain a long-term lease of state land outside the coast. Once the land right is secure, the hotel can claim the high-category tax incentives and, where its category allows, sell units under the condo-hotel model. A master developer suits large multi-plot sites, where one party coordinates roads and utilities and smaller plots follow as separate lots.

This is a summary of the rules as the guide describes them, not tax or legal advice. Confirm current terms with the Ministry of Tourism, the Montenegrin Investment Agency or a local adviser before relying on them.

Where it could apply

Open opportunities where this instrument is likely to be relevant. Eligibility depends on the final project, so treat these as starting points.

Test a project against this instrument

We collect the planning documents, parcel data and the right contacts at the Ministry of Tourism, the Montenegrin Investment Agency and the municipality, and run those conversations in parallel with you.

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