Area: Okolje in prostor
Competent authority: MOP, MzI
EZU URL: .nan
Initiative ID: 1063
Initiative accepted and completed: '2020-09-21'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-08-28'
Initiative published: '2020-08-28'
Initiative submitted: '2020-08-28'
Response from the competent authority: "Reply from the Ministry of the Environment\
  \ and Spatial Planning:At the outset, we note that the petition refers to specific\
  \ actions of the municipality and administrative units, which, according to the\
  \ petitioner, do not comply with the provisions of the Construction Act. The specific\
  \ opinions or consents are issued by the municipalities, knowing and taking into\
  \ account all the circumstances of the specific case. Similarly, the specific administrative\
  \ procedures for issuing building permits are conducted by the competent administrative\
  \ units on the basis of all known facts, evidence and documentation at their disposal.\
  \ In the light of the above, the Ministry of the Environment and Spatial Planning\
  \ is not in a position to provide the applicant with an answer as to why the municipality\
  \ refuses to indicate certain plots of land in the consent, even though they are\
  \ part of the road body, or why the administrative unit, even in the case of a consent,\
  \ does not take this into account as adequate proof of the right to build.\r\nWith\
  \ regard to the regulation under the competence of the Ministry of the Environment\
  \ and Spatial Planning, we would like to clarify that Article 35(3) of the Construction\
  \ Act (Official Gazette of the Republic of Slovenia, No 61/17 and 72/17 - corrected\
  \ version, hereinafter referred to as 'the Construction Act') stipulates that, in\
  \ the case of the planned construction of utility infrastructure facilities to be\
  \ carried out in the road body of a public road, together with the connections,\
  \ the consent of the operator of the public road for the execution of the construction\
  \ in the road body shall be deemed to be proof of the right to build. It follows\
  \ from the above that, for the construction of a connection to a public utility\
  \ infrastructure, when carried out in the road body of a public road, the consent\
  \ of the public road operator is considered as proof of the right to build. Since\
  \ it is clear from the petitioner's letter that the ownership of the land in the\
  \ public road is not regulated - private plots, we would like to add that it is\
  \ clear from the decisions of the Constitutional Court of the Republic of Slovenia\
  \ in a number of cases where municipal ordinances on the categorisation of public\
  \ roads have been challenged that such regulations, which in effect nationalise\
  \ private land without any basis, are not in conformity with the Constitution of\
  \ the Republic of Slovenia, if the municipality has not concluded a legal transaction\
  \ with the owner of the land, or if it has not expropriated the owner (cf. e.g.\
  \ Constitutional Court Decisions no. U-I-286/08 of 5 November 2009, U-I-211/04 of\
  \ 10 November 2005, U-I-113/08 of 2 April 2009 and U-I-100/03 of 7 April 2005).Reply\
  \ from the Ministry of Infrastructure:The Construction Act (CA) provides that a\
  \ building permit may be issued if the investor is registered in the Land Register\
  \ as the owner or holder of a right in rem which gives him the right to build on\
  \ the foreign immovable property on which the construction is planned, or if he\
  \ proves this right by other evidence as specified in Article 35(3) of the CA. An\
  \ exception to this requirement is the construction of public utility infrastructure\
  \ and its connections, where only the consent of the operator is required for the\
  \ right to build. However, the operator of a public utility may only grant such\
  \ consents if it is the owner of the land on which the construction of the public\
  \ utility or its connection is planned, and in any event cannot be the holder of\
  \ an easement for these rights in rem (which it grants with its consent) over foreign\
  \ (private) land in cases where the land is located within the boundaries of the\
  \ road.   "
Text file: 1063.txt
Title: Consent of the municipality GJI
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1063
