Area: Delovno pravno
Competent authority: MzI
EZU URL: .nan
Initiative ID: 348
Initiative accepted and completed: '2014-07-16'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2014-07-04'
Initiative published: '2014-07-04'
Initiative submitted: '2014-07-01'
Response from the competent authority: "Reply of the Ministry of Infrastructure and\
  \ Spatial Planning:The Housing Act (SZ-1, Official Gazette of the Republic of Slovenia,\
  \ No.69/03, 18/04-ZVKSES, 47/06-ZEN, 45/08-ZVEtL, 57/08-SZ-1A, 90/09 odi. US and\
  \ 62/10 - ZUPJS) for more than 20 years. Article 14 of the SZ-1 provides that a\
  \ storey owner may carry out an activity in a part of the apartment, provided that\
  \ this activity does not disturb the peaceful use of the apartment by the occupants\
  \ and does not cause an excessive burden on the common parts of the multi-apartment\
  \ building (in your specific case, telephone and internet sales). If these two conditions\
  \ are fulfilled, we are talking about a permitted activity.The activity may only\
  \ be carried out in a part of the apartment, and not in the entire apartment. In\
  \ this way, the regulation protects the basic social function of the dwelling and\
  \ places it above the capital function. At the start of the activity, the owner\
  \ must notify the manager, but if the activity is carried out without or in contravention\
  \ of the consents, the housing inspector may prohibit the activity.To carry out\
  \ the activity, the owner must obtain the consent of the co-owners holding more\
  \ than three quarters of the co-ownership shares. However, the consent of the ground\
  \ floor owners of all the individual parts whose walls or ceilings are adjacent\
  \ to their dwelling unit must be given as a matter of urgency. 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 fulfil the prescribed conditions for the activity.As a result\
  \ of the Government's programme measures to remove administrative barriers, the\
  \ obligation to obtain permits for the exercise of the permitted activity in the\
  \ dwelling, which were issued by administrative units or municipalities, was abolished\
  \ as early as 2008. The register of rental contracts has also been abolished. The\
  \ amendment of the Housing Act pursued a legitimate and constitutionally permissible\
  \ objective in this segment (protection of the remaining floor owners), and we will\
  \ therefore examine the initiative in detail and take it into account as far as\
  \ possible (in terms of disproportionality) in the next amendment or new Housing\
  \ Act.\r\n "
Text file: 348.txt
Title: Carrying out a complementary activity in the dwelling
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=348
