REALWorld Law

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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:

• Three copies of the main project plans and specifications
• A statement from the architect certifying that the main project has been prepared in accordance with the relevant zoning documentation
• The report on the approval of the main project documentation, if required
• Confirmations / consents by/from public bodies as to whether their requirements regarding the project (eg electricity, water, sewage, gas, traffic etc) have been fulfilled
• Evidence that the investor has the necessary legal interest to apply for the building permit (eg evidence of ownership rights, owner’s consent, a concession right)

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

Third parties are either:

• The owner of the real estate (if the investor is not the owner)
• The holders of any property rights in the subject real estate
• The owner or holders of any property rights over neighbouring real estate

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

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

Which other statutory permit regimes must be considered in relation to planning/zoning and development?

A construction inspection may, in case of irregularities, order:

• The elimination of irregularities
• The suspension of further construction
• The removal of the existing building or the building in construction; or
• Other measures defined by the Act on Construction

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