Novelties of the Construction Act (GZ-1): Use Permits and Legalization of Buildings - What You Need to Know from June 1, 2022?

Since June 1, 2022, when the Construction Act (GZ-1) came into effect, numerous novelties apply, especially regarding obtaining use permits and legalizing completed constructions.

For additional questions regarding construction legislation, attorney Jurij Kutnjak is available by phone or email.

Novelties and Simplifications of the Construction Act (GZ-1): Obtaining Building Permits and Temporary Structures

For example, it is now possible to start construction at one's own responsibility upon the finality (not just legality) of the building permit, and for minor reconstructions exceeding maintenance works (e.g., adding an external staircase or installing an elevator), no building permit is required, only a written opinion from an authorized expert (e.g., civil engineer or architect).

The law introduces the possibility of erecting a temporary storage facility adjacent to existing production facilities for a maximum of three years without a building permit, based solely on a notification of commencement of construction (provided that the structure is of prefabricated construction).

For temporary storage facilities that were constructed before the law's implementation on June 1, 2022, and for which no building permit was issued, a three-year period for obtaining a permit starts from that day.

Regarding changes in the conditions for obtaining building permits for future investors, it is no longer a requirement to pay a utility contribution for the issuance of a building permit. From January 1, 2024, the investor can apply for the assessment of the utility contribution before initiating construction.

For additional questions regarding construction legislation and building permits, attorney Jurij Kutnjak is available by phone or email.

Building Permit for Demolition and Notification of Commencement of Construction

A novelty is the requirement to obtain a building permit for the demolition of a complex or less complex building that adjoins a building on an adjacent property or is less than one meter away from it (previously, no building permit was necessary for demolition). For all other demolitions of such structures, only a notification of commencement of construction is still required.

For owners of simple buildings (e.g., canopies, garages, woodsheds, sheds, etc., with an area of up to 20 m² and a height and span of up to 4 m) and for the construction of temporary storage facilities, the obligation is to notify the competent municipality of the commencement of construction, rather than the administrative unit. Administrative units are responsible for all other notifications of commencement of construction.

For additional questions regarding construction legislation and building permits, attorney Jurij Kutnjak is available by phone or email.

Simplifications in Obtaining Use Permits for Single-Family Buildings under the New Construction Act, Use Permit without Facade

The law also brings significant novelties in obtaining use permits for single-family buildings. Instead of providing proof of the building's reliability, in addition to the project documentation and completed work, it is only necessary to submit a statement from the supervisor and inspector confirming that the construction has been completed in accordance with the building permit and that the building meets essential requirements. The statement from the supervisor can be submitted even if the building does not have a facade (thermal envelope) at all. In such cases, the investor must complete the required work within three years after obtaining the use permit.

For additional questions regarding construction legislation and building permits, attorney Jurij Kutnjak is available by phone or email.

Use Permit for Single-Family Buildings Built Before June 1, 2018

A significant novelty and benefit of the law is the fiction of the issued use permit for all single-family buildings constructed based on a building permit before June 1, 2018, which must be confirmed by an authorized expert. The building must be registered in the land cadastre. At the request of the property owner, the competent administrative unit issues a decision confirming that the building has a use permit according to the law.

A similar regulation applies to existing buildings of longer standing, constructed before January 1, 2005, in accordance with a building permit. Upon request of the investor or owner, a use permit is issued for these buildings or parts of the building, provided they are registered in the land cadastre. The request must be accompanied by a statement from an authorized expert and proof of the construction's compliance with the building permit (and no inspection measures regarding dangerous construction must be imposed on the building).

For additional questions regarding construction legislation and building permits, attorney Jurij Kutnjak is available by phone or email.

Construction Act (GZ-1): Extraordinary Legalization and New Options for Owners of Illegal Buildings

The regulations concerning "extraordinary legalization" regarding the rights and obligations of owners of existing illegal buildings remain essentially the same. The Construction Act provides additional possibilities for cases that lacked a legal basis under the previous construction law. According to the provisions of GZ-1, it is now possible to legalize a portion of an illegal building that can be clearly distinguished from its legal part. The issuance of a legalization decision is possible only for a part of the building if the building or part of the building was constructed at least up to the rough construction phase by November 17, 2017. The request for legalization must be submitted to the administrative unit by June 1, 2027. The conditions for issuing a building permit include the completion of the building by the time of permit issuance, ensuring the minimum utility supply of the building, opinions of relevant institutions on the documentation required for obtaining a building permit (municipality, government authority, authorized body), payment of utility fees, compensation for degradation and usurpation, and registration of the building in the land cadastre. The request must be accompanied by simplified documentation for legalization.

For buildings or parts of buildings subject to extraordinary legalization (those with a legalization decision and long-standing structures), they are deemed not to be illegal or non-compliant and have a use permit according to the law.

For additional questions regarding the legalization of buildings, attorney Jurij Kutnjak is available by phone or email.

Simplified Legalization of Long-standing Buildings under the New Construction Act (GZ-1)

The legalization of long-standing buildings is even simpler. According to GZ-1, the year of construction for these buildings has been shifted from 1998 to 2005. Before obtaining a permit for a long-standing building, utility fees and compensation for degradation and usurpation must be paid, and documentation reflecting the existing state and an elaboration for registration in the land cadastre must be submitted if the building is not yet registered. Due to the simplified procedure and less strict conditions, the permit for a long-standing building is conditionally valid. In exceptional cases, if necessary for public interest protection, the permit can be revoked upon request from the government or municipality without compensation liability.

With the provisions of GZ-1, the range of benefits for investors expands, and their rights under the existing law are not abolished. Upon explicit request and proposal from the investors, procedures that were ongoing before June 1, 2022, will be concluded according to the provisions of GZ-1.

For additional questions regarding the legalization of long-standing buildings, attorney Jurij Kutnjak is available by phone or email.

 

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Note:

Expressions in the text used in the masculine gender are used neutrally and refer to persons of all genders.

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