REALWorld Law

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Local planning/zoning is generally under the jurisdiction of the relevant municipality but in some cases is dealt with by the canton or entity. Planning/zoning must be approved by the relevant authorities (normally the municipality) and its relevant administrative body before any construction work is carried out.

Last modified 13 Mar 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The construction or refurbishment of any building must be approved by the relevant authority and must be in accordance with planning/zoning regulations.

Last modified 13 Mar 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The design of the building is not strictly regulated by the authorities, but it may not deviate from construction plans provided for by the local planning/zoning regulations.

Last modified 13 Mar 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The use of any new or existing building is regulated by the spatial and urban planning regulations of the relevant municipality. The types of use that can be designated include residential purposes, commercial purposes, industrial purposes, etc. Changes to the designated use of a building must be approved by the relevant administrative bodies. However, such changes are rarely approved since the use of any particular building or land is governed by the relevant spatial plans of the municipality.

Last modified 13 Mar 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

At the cantonal level, the responsible authorities are cantonal ministries for spatial planning. At the level of the two entities which comprise Bosnia and Herzegovina, the Ministry for Spatial Planning and the Environment acts in the Federation of Bosnia and Herzegovina (FBiH) and the Ministry for Spatial Planning, Construction and Ecology is the relevant body in the Serb Republic (RS).

The applicable laws are:

• The FBiH Law on Spatial Planning and the Use of Land (Official Gazette of the FBiH no. 2/06,72/07, 32/08, 4/10, 13/10, 45/10)
• The Law on Spatial Planning and Construction in the RS (Official Gazette of the RS no. 40/13, 2/15 – The Decision of the Constitutional Court, 106/15 and 3/16 – correction, 104/18 – The Decision of the Constitutional Court and 84/19)
• The FBiH Law on the Protection of the Environment (Official Gazette of the FBiH no. 15/21)
• The RS Law on the Protection of the Environment (Official Gazette of RS no. 71/12, 79/15 and 70/20)
• The Law on Expropriation applied in the FBiH (Official Gazette of the FBiH no. 70/07, 36/10, 25/12, 8/15 – The Decision of the Constitutional Court and 34/16)
• The RS Law on Expropriation (Official Gazette of the RS nos. 112/06, 37/07 110/08, 106/10 - The Decision of the Constitutional Court, 121/10 – The Decision of the Constitutional Court, 2/15 – The Decision of the Constitutional Court and 79/15)

Last modified 13 Mar 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

It is necessary to obtain following permits:

• An urban approval
• An urban approval for initial development work
• An approval for construction for initial development work
• An approval for construction
• An approval for use

In some instances, it is necessary to obtain:

• An approval for the construction of multiple developments
• An approval for the construction of temporary developments
• An approval for the reconstruction of an existing building

Last modified 13 Mar 2025