Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
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
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Permission for development or use is obtained on the basis of application submitted to the local authority. The application must contain all necessary details and documentation regarding the construction and use of the building.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Yes. Local authorities must put the proposal for the construction of the building forward for a local public debate. However, the outcome of this debate is unlikely to be decisive as to whether or not permission will be granted.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Only in cases when an interested party commences a legal action within 30 days from the day on which urban approval for the development is issued to the investor.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
This should take 60 days. However, this is often not the case and decisions can sometimes take up to six months.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Decisions are publicized and can be appealed against by any person within eight, or at the latest, fifteen days from the date of publication. However, these appeals are rarely decisive in respect of the overall process.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Agreements must be entered into with all utility suppliers (gas, electricity, telecoms, water, sewerage, etc.) Agreements with local authorities are not usually required, unless the land on which development is to be carried out is state-owned. In such cases, the developer must enter into an agreement with the authorities regulating use of the land for development and the payment of requisite fees.
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Permission for development will become void after one year if during that time no work has started on development. Exceptionally, the permission may be extended for one further year.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
Restrictions on development and use are enforced by the Urban Construction Inspectorate which has the authority to bring the development to a halt if it discovers any irregularities. The inspectorate can also demand that steps be taken in order to correct any irregularities. In such instances the developer can file a complaint with the relevant Ministry. The Ministry’s decision can be challenged through administrative procedures.
