Area: Okolje in prostor
Competent authority: MzI
EZU URL: .nan
Initiative ID: 48
Initiative accepted and completed: '2012-10-08'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-09-26'
Initiative published: '2012-09-26'
Initiative submitted: '2012-09-21'
Response from the competent authority: 'The Ministry has received a petition from
  a user of the web portal "minus 25" st 48. In this regard, we would like to forward
  you the Ministry''s position, namely:Act on the Construction of Buildings (102/04
  - Official consolidated text, 14/05 - Amended, 92/05 - ZJC-B, 93/05 - ZVMS, 126/07,
  108/09, 61/10 - ZRud-1, 62/10 - Amended, 20/11 - Decree No.US and 57/12; hereinafter:
  ZGO-1) is a special regulation, in relation to the law regulating the general administrative
  procedure, which deals in more detail or in a different way with specific issues
  related to administrative procedures in the field of construction (obtaining building
  or use permits). According to the provisions of the ZGO-1, a consenting authority
  is a state body, a local community body or a holder of public authority, which is
  provided for by law to determine project conditions and grant consents for the construction
  of buildings. Article 49b of the ZGO-1 stipulates that a project consent for a building
  permit (hereinafter referred to as a "PGD") must be obtained if the intended construction
  is located in an area defined as a buffer zone for utility infrastructure by special
  regulations or by the ZGO-1, or in an area defined by regulations as a buffer zone
  for utility infrastructure. Consenting authorities issue consents to PGDs on the
  basis of the legal provisions of sectoral laws, and are bound by the provisions
  of ZGO-1 as regards procedures and deadlines.The Act on Amendments and Additions
  to the Act on Construction of Buildings (Official Gazette of the Republic of Slovenia
  No. 57/12 - ZGO-1 D) introduced some significant changes to the consenting system
  in order to speed up procedures and eliminate administrative obstacles in construction
  procedures. The obligation to obtain project conditions was abolished, the time
  limits for issuing project conditions and consents were shortened and the principle
  of silence of the authority after the expiry of the time limit was introduced. Since
  the entry into force of ZGO-1 D, i.e. 28 July 2012, the time limits for issuing
  consents are 30 days for a complex building, 15 days for a less complex building
  and 10 days for a single-family building, a non-complex building and a simple building
  (where the consent is granted for construction in the buffer zone of the utility
  infrastructure), or 30 days for all types of buildings where the consent is granted
  for construction in a buffer zone. The PGO-1 D introduced a legal presumption that
  the silence of the authority competent to grant consent after the expiry of the
  time limit set out in the PGO-1 means that consent has been granted. In accordance
  with the general principle that a later regulation overrides an earlier one, the
  above provisions of the PGO-1 are deemed to apply with regard to the time limits
  for the granting of consent. In adopting ZGO-1 D, as already mentioned above, the
  aim was to speed up procedures and remove administrative obstacles. The introduction
  of the old dicta of the law, which have been abolished with the entry into force
  of ZGO-1 D, which is the main initiative of the applicant, will not change the system
  of consenting for the better in any way.'
Text file: 48.txt
Title: Proposal to amend the PGI
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=48
