Planning permission in Slovenia/EU – why is it required?

Planning permission in SloveniaEU - why is it required

All owners of the newly built single-dwelling units have to obtain a planning permission now! The Construction Act requires it. The previously valid law (ZGO-1) included a mandatory use permit only for multi-apartment buildings. Owners of single-dwellings did not have to engage this procedure and bear the cost.

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What exactly is the planning permission?

In Slovenia, there is a lot of new construction happening at the moment. Would you need a planning permission for them? A planning permission is a decree that allows the use of a facility. It is also a condition to receive a house number.  This is needed for registering permanent residence in a newly built property. Without a planning permission under the new law, you are no longer able  to register it in the cadastre of buildings. Also you would not be able to connect the property to the electricity network.

How can you obtain the planning permission?

For all the constructions, except for complex facilities and facilities with an impact on the environment, it is now possible to obtain a planning permission without a special ID procedure and a technical inspection. In the process for obtaining a planning permission, the investor has to submit statements from the designer, supervisor and contractor. They have to state that they finished the works in accordance with the construction permit. It also has to state that the construction conditions have been met.

What if a building does not have a planning permission yet?

The Construction Act does not allow the sale of the houses and the flats for which the owners do not have a planning permission. It also prevents to certify the purchase contracts and entry in the land register. The law also provides for exceptions for which thes assume that they have a valid planning permission under the law. This applies to:

  • buildings constructed before 31 December 1967. But only if their purpose has not changed a lot and the land is in the registry of the land cadastre,
  • apartments that have been reconstructed on the basis of a building permit issued before 1 January 2003,
  • single-dwelling units that were built on the basis of a building permit before 1 January 2003. But only if they were in use before that date, and are in the registry of the land cadastre.

The listed exceptions can easily obtain the planning permit. This is because the law assumes that they have already got a building and a planning permission. The owner must only apply to the administrative unit for a decision to confirm it. If the units are built according to the building permit, the process is simple.

If the property does not comply with the building permit, the process is longer and more complex. The Construction act regulates it in the legalization process.

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