How to build in Croatia? - Real estate construction rules

Šime Unić
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Have you decided to build a property in Croatia? Excellent! Regardless of which part of Croatia you are interested in, the rules for real estate construction are the same throughout the country, and below we have prepared a small guide in which the most important elements of real estate construction are briefly explained. So, keep reading!

First and foremost - building permit

You cannot start construction without a valid building permit. All large cities with more than 35,000 inhabitants issue building permits, as do cities that are the seat of counties for their area. For all other municipalities and cities, building permits are issued by county offices. On the website of the Ministry of Spatial Planning, Construction and State Property you can find a list of authorities that issue building permits.

Who applies for a building permit?

Depending on the place where the construction or reconstruction of the building is planned, the investor submits an application for the issuance of a building permit to the competent body for administrative construction work. The "ePermit" system was also introduced, which enables the issuance of construction permits according to unique procedures throughout the country. However, keep in mind that the dynamics of issuing permits still depends on the individual competent authority. Everyone who submits a request via "ePermit" can enter all the necessary data electronically, and you can also add attachments and projects. Furthermore, it is possible to see the stage of the request resolution at any time.

What is attached to the building permit application?

As prescribed by law, the application for the issuance of a building permit shall be accompanied by the main project in three copies, a statement by the designer stating that the main project was made in accordance with the spatial plan and other regulations in accordance with which it must be made, and in the event that the control prescribed, then it is necessary to submit a written report on the control of the main project. Likewise, if the project was created according to regulations that are not from the Republic of Croatia, it is necessary to attach a certificate of certification of the main project.

Furthermore, confirmations from public law bodies are required that the main project was created in accordance with special regulations, that is, special conditions. It is also possible to submit proof that the investor submitted a request for the issuance of these certificates.

In the event that it is an intervention in an area for which, according to special regulations, the procedure for assessing the impact of the intervention on the environment and/or evaluating the acceptability of the intervention for the ecological network is being carried out, then it is necessary to attach a confirmation from a public legal body that the main project was made in accordance with the decision on acceptability measures for the environment.

Proof of legal interest in issuing a building permit is attached to the request. The following documents are considered as proof of legal interest: an extract from the land register, from which it is evident that the investor is the owner or holder of the right to build on the building plot or building on which it is intended to be built. Furthermore, it can be a pre-contract, a contract or a contract concluded under a condition, on the basis of which the investor acquired or will acquire the right of ownership or the right of construction, but also a decision made by the competent authority, on the basis of which the investor acquired the right of ownership or the right of construction . Proof of legal interest can be a partnership agreement concluded with the owner of the property, the goal of which is joint construction, but also the written consent of the owner of the land, that is, the owner of the existing building, and finally, the written consent of the fiduciary owner that he gave to the previous owner of the property who is an investor.

If it is a building for which a special law prescribes who can be an investor, then proof that he can be an investor is required (concession, consent or other act prescribed by a special regulation).

Finally, in the event that such a duty exists, proof is also required that the owner of the construction land has fulfilled his duty to transfer part of the land to the ownership of the local self-government unit, i.e. the duty to conclude a contract on the establishment of easement of passage and/or passage, which is prescribed by a special law spatial arrangement is arranged.

And what about legal interest?

Since the building permit has no legal effects on the ownership and other real rights on the real estate for which it was issued and does not constitute a legal basis for entering into the possession of the real estate, it is sufficient to prove a legal interest for the issuance of said permit.

What is the procedure for issuing a building permit?

After the procedure that verifies the satisfaction of the conditions for issuance, a construction permit is issued. These conditions include confirmation that all prescribed documents have been attached to the application and that all prescribed certificates of the main project have been issued. Furthermore, that the main project in terms of location conditions was made in accordance with the conditions for the implementation of interventions in the area prescribed by the spatial plan, but also that the main project was made by an authorized person. In addition, it is checked that the main project is properly marked and that it was created in such a way that it is impossible to change its content, or to replace its parts.

If the construction permit is issued in an area for which a special law prescribes the obligation to adopt an urban development plan, then it is checked whether it has been adopted.

When does the building permit become valid?

The building permit becomes valid if no appeal has been filed or an administrative dispute has been initiated, and after it becomes valid, the investor is obliged, in accordance with special regulations, to pay the utility and water contribution. Information on communal and water contributions is available on the pages of the Ministry of Spatial Planning, Construction and State Property and Croatian Waters.

Can the building permit expire?

Yes, it is possible, if the investor does not begin construction within three years from the date of validity of the permit. Of course, its validity can be extended at the investor's request once every three years, and that is if the conditions for the implementation of the intervention in the area determined by the spatial plan have not changed. During the mentioned period, the investor must form a building lot and report the start of construction to the construction authority in writing eight days before the start of construction.

Can the building permit be changed?

Yes, in the event that during the construction of a building, for which a location permit is not issued according to a special law, the location conditions are changed and/or supplemented, it is necessary to request the outcome of a Decision on the amendment and/or amendment of the building permit from the competent office for construction and spatial planning. This decision is made in accordance with the spatial plan with which the building permit was issued, or in accordance with the spatial plan in force at the time of the decision, if the investor requests it.

During the process of passing a decision on the amendment and/or amendment of a construction permit, only those special conditions, i.e. confirmation of the main project, which are affected by the amendment and/or amendment, must be obtained, and during the passage of the decision, facts that have already been established in the permit issuance procedure are not re-established. . In the event that the changes and/or additions relate to the external size of the building, the size and shape of the building lot or the location of the building on the building lot, then the construction authority is obliged to give the party the opportunity to inspect the case file for the purpose of making a statement.

Is it possible to change the investor?

In the event that the investor changes during the construction, the new investor is obliged within 15 days from the day of the investor's change to request an amendment to the building permit in connection with the change of the name or company of the investor from the competent administrative body of construction. If it is a building for which a special law prescribes who can be an investor, then proof of legal interest in issuing a building permit or consent of the previous investor, as well as proof that he can be an investor, must be attached to the request to change the name of the investor.

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