Urban plans determine the structure and use of specific areas and provide regulations for the protection and development of the country, counties, municipalities and cities. Urban planning documents include:
Last modified 22 Mar 2024
Urban plans determine the structure and use of specific areas and provide regulations for the protection and development of the country, counties, municipalities and cities. For the construction as well as for the refurbishment of an existing building, the investor has to obtain a building permit which has to be in accordance with the urban plans.
Last modified 22 Mar 2024
The design and appearance of new buildings is governed by applicable urban plans and other planning regulations. The method of construction is governed by construction regulations.
Last modified 22 Mar 2024
Before beginning the use of a new building, the investor has to obtain a usage permit. For the use of a building for business purposes, upon obtaining the usage permit, the investor has also to obtain a decision on the minimal technical conditions. In the case of a change in the designated use of an existing building, provided no construction alterations are made, ie where no amendment of the building permit is required, the owner must separately obtain a decision on the change of designation.
Last modified 22 Mar 2024
According to the Act on Zoning (Official Gazette No. 153/13, 65/17, 114/18, 39/19, 98/19 and 67/23) and the Act on Construction (Official Gazette No. 153/13, 39/19 and 125/19) which regulate the development and use of real estate, the competent authorities for the issue of permits for the construction and usage of real estate and its supervision, are:
Last modified 22 Mar 2024
For the use of a building for business purposes, upon obtaining the usage permit, the investor also has to obtain the decision on the minimal technical conditions.
Last modified 22 Mar 2024
According to the Act on Zoning, buildings to be situated on one or more plots of land in respect of which the investor has not yet resolved issues of title, require a separate location permit. All other projects (except for military and certain other categories of projects) do not require a location permit, needing only a building permit in accordance with the Act on Construction. Accordingly, an investor may apply for a building permit even if it does not yet own the relevant plots of land, for example, based on an owner’s consent. In the case of a simple building (eg an auxiliary building of up to 50 sqm) a building permit is not necessary, and the construction works can be carried out on the basis of the design documentation.
For the purpose of obtaining the building permit, the investor has to be submit the following documents:
The building permit should be issued within 60 days from the filing of a complete and proper application.
Before beginning the use of a new building, the investor has to obtain a usage permit.
Last modified 22 Mar 2024
Third parties are either:
Third parties are invited to a public enquiry regarding the main project for the issue of a location building permit. The third parties have the right to object.
Last modified 22 Mar 2024
An appeal may be submitted against a building permit. A party may file an administrative action with the Administrative Court against a decision made in the appeal process,
Last modified 22 Mar 2024
According to the general rules on administrative procedures (since the Act on Construction does not set a particular deadline) the building permit should be issued within 60 days from the receipt of a complete application.
The usage permit should be issued by the competent authority within eight days from the date of the technical inspection, which should be carried out between 15 and 30 days from the application by the investor.
Last modified 22 Mar 2024
An appeal may be submitted against the building permit. A party may file an administrative action with the Administrative Court against a decision made in the appeal process.
Last modified 22 Mar 2024
Usually, investors agree with the local authorities to construct roads or other communal infrastructure which are necessary in accordance with the applicable planning regulation. This investment is then set-off against their communal fee payment obligation, which can be high. By such agreements, investors secure that such communal infrastructure is being constructed in a timely fashion (as construction by the local authorities can be rather slow) and the set-off of the communal fee duty with the amount of investment into the communal infrastructure is often easier for the investors than to provide cash to the local authority.
Last modified 22 Mar 2024
The standard duration of a building permit before it must be implemented is three years. Once such a permission has been lawfully implemented, it will normally endure forever.
Last modified 22 Mar 2024
A construction inspection may, in case of irregularities, order:
In addition to this, fines may be ordered to be paid by the investor and by other involved parties (such as the contractor, designer or supervisor) for breaches of the Act on Construction.
Last modified 22 Mar 2024
Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
Urban plans determine the structure and use of specific areas and provide regulations for the protection and development of the country, counties, municipalities and cities. For the construction as well as for the refurbishment of an existing building, the investor has to obtain a building permit which has to be in accordance with the urban plans.
Last modified 22 Mar 2024