In view of the ARSO's insistence on ignoring the implied consent even after the amendment to the Building Construction Act, I am proposing to amend the individual provisions of the Building Construction Act that relate to project conditions and consents.
 
PROPOSAL FOR A NEW AMENDMENT OF THE PROVISIONS OF THE LAW ON CONSTRUCTION OF BUILDINGS Since, on the basis of the amendment to the Law on Construction of Buildings published in Official Gazette of the Republic of Slovenia No. 57/12, which entered into force on 28 July 2012, the ARSO refuses to take into account the implied consent, I am submitting a proposal for a new amendment of the provisions of the LGO relating to project conditions and consents, as follows below.The existing provision of Article 49b(2) of the LGO:
(2) Before commencing the preparation of a project for the purpose of obtaining a building permit, design conditions may be obtained from the competent consenting authority.
Proposal for amendment:Replace the full stop at the end of the sentence with a comma and add after the comma the words "unless otherwise provided for by another regulation", as this provision is otherwise inconsistent with the Water Act.
Current provision of Article 50(3) of the Water Protection Act:(3) Notwithstanding the provisions of the preceding paragraph, the consenting authorities responsible for issuing planning conditions in protected areas shall issue planning conditions within 15 days for all types of structures. Proposal for amendment:Replace the full stop at the end of the sentence with a comma and add after the comma the words "unless otherwise provided for by another regulation", as this provision is otherwise inconsistent with the Water Act.Current provision of Article 50(4) of the PGI:(4) The competent consenting authority must specify in the design conditions the provisions of the regulation which are the basis for issuing the design conditions.
Amendment proposal:The word "determination" should be substituted for the word "issue", as the word "issue" is too broad and, as in the case of a decision, can only mean the basis for or the authority's power to issue the act. Furthermore, this provision should be amended as it was before the amendment of the PGI: "If the consent-granting authority does not state the basis for the determination of individual project conditions, it shall be deemed not to have such conditions and the consent shall be deemed to have been granted".
 
The current provision of Article 50(5) of the PGI:(5) If the competent consenting authority fails to take a decision within the prescribed time limit, the consent shall be deemed to have been given. The evidence of the submission of the request for consent shall be the certificate of submission of the request and the annexes referred to in paragraph 1 of this Article.
Amendment proposal:Instead of the current second sentence, the following should be written: "Notwithstanding the provisions of other regulations, the certificate of the application and the annexes referred to in paragraph 1 of this Article shall be considered as proof of the consent given.". Otherwise, according to the amendment to the ZGO, in accordance with the provision of Article 66, paragraph 2 of the ZUP, a written consent (ARSO) is still required when another regulation stipulates that a specific consent (e.g. water consent) must be attached to the application, although in this case it is a violation of the constitutional principle of equality before the law.
The current provision of Article 50a(2) of the PGO:(2) The competent consenting authority must issue a consent for a complex building within 30 days, for a less complex building within 15 days, and for a single-family dwelling, a non-complex building and a simple building within 10 days of receipt of the request and the attachments referred to in the preceding paragraph. Amendment:The words "notwithstanding the provisions of other regulations" should be added after the word "shall", as this provision is currently inconsistent with the provision of Article 152(4) of the Water Act.
Current provision of Article 50a(3) of the Water Act:(3) Notwithstanding the provisions of the preceding paragraph, consenting authorities competent to grant consents in protected areas must grant consents within 30 days for all types of structures.
Amendment:After "30 days" add the words" notwithstanding the provisions of other regulations", as this provision is currently inconsistent with the provision of Article 153(3) of the Water Act.
Current provision of Article 50a(4) of the Water Act:(4) If the competent consenting authority finds that the design solutions have not been drawn up in accordance with the regulations within its competence, it shall refuse to grant consent by administrative decision.
Amendment proposal:The words "within the time limits referred to in paragraphs 2 and 3 of this Article" should be added after the word "consenting authority", because otherwise it could be understood that an application for consent could be rejected even after the time limit has expired, which would be contrary to the provision of paragraph 5 of the same Article, or the situation would be the same as before the amendment to the PGI came into force.The provisions of the Water Act should also be amended in the same way.