Area: Working law
Competent authority: MzI
EZU URL: .nan
Initiative ID: 102
Initiative accepted and completed: '2013-05-20'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2013-04-24'
Initiative published: '2013-03-20'
Initiative submitted: '2013-03-19'
Response from the competent authority: "Reply from the Ministry of Infrastructure:Hello,\r\
  \nThe Ministry of Infrastructure and Spatial Planning has received an initiative\
  \ for administrative relief or simplification of the procedure via the \"minus 25%\"\
  \ portal. The petition states why the consent of 75% of the owners of flats in a\
  \ multi-apartment building is required for someone to carry out a quiet (e.g. work\
  \ on the computer) activity in their flat, which the petitioner considers unnecessary\
  \ as people are reluctant to sign because they are afraid of fraud. Anyone who does\
  \ not do so risks being fined if an inspector comes and demands it. I think it is\
  \ perfectly sufficient that the number of visitors to the block is not increased\
  \ (in my case, none at all) and that there is no noise pollution. Of course, anyone\
  \ who breaches this can be reported and visited by inspectors. But for those who\
  \ will make no difference whether they are officially doing this activity at their\
  \ computer or just surfing the internet, it makes no sense that they have to get\
  \ these 75% consents.\r\nWith regard to the above petition, we would like to give\
  \ the following explanation, namely with regard to Article 14 of the Housing Act,\
  \ which was amended by the amendment and supplement to the Housing Act (Official\
  \ Gazette of the Republic of Slovenia No 57/08);\r\nThe exercise of a permitted\
  \ activity in part of a dwelling has been allowed by the Housing Act for more than\
  \ 20 years. The amendment of this article to remove administrative obstacles has\
  \ thus made it possible for the floor owners themselves to decide on the carrying\
  \ out of an activity in a part of the flat with more than 3/4 consent in relation\
  \ to the co-ownership shares (including the consent of all immediate neighbours\
  \ - co-owners adjacent to the flat in which the activity is carried out). All this\
  \ also applies to the tenant, who must obtain the written permission of the floor\
  \ owner. However, since a particular activity may be disruptive to the peaceful\
  \ use of the dwelling and may cause an excessive burden on the common parts of the\
  \ multi-apartment building or the environment, an additional safeguard is that the\
  \ inter-relationship agreement must also allow the use of part of the dwelling for\
  \ the activity, and the ground-floor owner must at the same time comply with the\
  \ prescribed conditions for carrying out the activity.  The supervision of such\
  \ activity is, of course, carried out by the Housing Inspectorate.\r\nAs a result\
  \ of the Government's programme measures to remove administrative barriers, the\
  \ obligation to obtain permits for the permitted activity in the dwelling, which\
  \ were issued by administrative units or municipalities, has been abolished in this\
  \ part. The register of rental contracts has also been abolished.\r\nIn the light\
  \ of the initiative proposed by the applicant, we consider that it is worth considering,\
  \ since restricting the use of the ground floor constitutes a restriction on the\
  \ property rights of the ground floor owner. It should be stressed that the amendment\
  \ of the law in this segment was only pursuing a legitimate and constitutionally\
  \ permissible objective (the protection of the remaining owners of the ground floor).\r\
  \nIn the next amendment or the new Housing Act, we will examine the initiative in\
  \ detail and take it into account as far as possible (given its lack of proportionality).\
  \   \r\nKind regards."
Text file: 102.txt
Title: Carrying out a complementary activity in the dwelling
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=102
