New Slovenian Building Act

AS PART OF THE IMPLEMENTATION OF THE LEGISLATION REFORM OF LAND USE PLANNING AND CONSTRUCTION, A NEW BUILDING ACT (GRADBENI ZAKON) WAS ADOPTED IN 2017 AND WILL ENTER INTO FORCE ON 1 JUNE 2018.

The Building Act (the "Act") will replace the current Construction Act (Zakon o graditvi objektov) and it introduces a number of novelties in the proceedings for obtaining building permits, namely with regard to (i) application for the building permit; (ii) improved legal certainty for investors; (iii) legalisation of the illegal constructions (buildings).

Firstly, with regard to the legal certainty of the investors, an important novelty is the possibility of obtaining a pre-decision with respect to issuing a building permit.

For the construction of a demanding and less demanding building, prior to submitting an application for the building permit, the investor may submit an application for pre-decision to the competent administrative authority responsible for the issuing of a pre-decision. This will facilitate the investors to obtain an opinion of the authority on whether the indented construction is possible and conditions for issuing the building permit are fulfilled. Pre-decision may be issued to any person and not just the property owner or holder of in-rem right. No construction works are allowed on the basis of a pre-decision. Decisions and conditions set out in the issued pre-decision are binding in the proceedings for issuing the building permit.

Secondly, the Act foresees three types of proceedings for the issuing a building permit:

Regular; Simplified; and Integral, in which the environmental impact assessment process is integrated. Currently valid Construction Act only foresees the procedure for issuing building permit for demanding construction and building permit for undemanding construction.

According to the Act, the building permit shall be issued within two months in the regular procedure, whereas in the simplified procedure the building permit shall be issued within one month from submission of the application (within simplified procedure, all necessary opinions have to be already obtained and submitted together with the application). The integral procedure is applicable for the construction of buildings which have an impact on the environment. The procedure is simplified in a way that the environmental impact assessment process is integrated into the administration proceedings for obtaining a building permit and therefore the...

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