Area: Okolje in prostor
Competent authority: MGRT, MOP
EZU URL: .nan
Initiative ID: 607
Initiative accepted and completed: '2015-07-07'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2015-06-18'
Initiative published: '2015-06-18'
Initiative submitted: '2015-06-18'
Response from the competent authority: Response of the Ministry of the Environment
  and Spatial Planning:The Ministry of the Environment and Spatial Planning has repeatedly
  expressed its support for the development of tourism in bungalows, but has also
  pointed out the multifaceted nature of the problem of regulating the status of bungalows
  from the point of view of spatial planning and construction. So far, the problem
  of illegally or non-conforming buildings has been highlighted in particular, since
  obtaining a building permit for an illegally or non-conforming building depends
  both on compliance with the conditions relating to the reliability of the building
  and on the provisions of the municipal planning acts with which, according to the
  legislation in force, all construction must comply. In your letter, you refer only
  to the problem of obtaining the use permit and the costs of obtaining the necessary
  documentation, and to the fact that the brickworks are classified as a commercial
  building as the core of the problem.In this respect, it should be noted that, according
  to the Regulation on the classification of types of buildings and buildings of national
  importance (Official Gazette of the Republic of Slovenia No. 109/2011) are classified
  as non-residential agricultural buildings, specifically as harvesting buildings
  (classification No 12713). As such, according to the Regulation on the classification
  of buildings according to the complexity of construction (Official Gazette of the
  RS, No. 18/2013, 24/2013, 26/2013 - hereinafter referred to as the Regulation),
  under the conditions set out in point 18 of Annex 2 of the Regulation, they are
  considered as a simple building for which it is not necessary to obtain a building
  and use permit, or as a non-complex building for which it is necessary to obtain
  a building permit under the simplified procedure provided for in the Building Construction
  Act (Official Gazette of the Republic of Slovenia, no. 102/04-UPB1 (14/05 am.),
  92/05-ZJC-B, 93/05-ZVMS, 111/05-odl.US, 120/06-odl.US, 126/07, 57/09-skl.US, 108/09,
  61/10-ZRud-1 (62/10 am.), 20/11-odl.US, 57/12; hereinafter referred to as "ZGO-1")
  in Articles 74a to 74c, and they do not need to obtain an occupancy permit. The
  conditions for a brick building to be considered as a simple structure are that
  the building is ground floor, single-storey, with an area of up to and including
  40 m2, while a brick building with an area of up to and including 150 m2 and a height
  of up to and including 6 m is considered as a non-complex structure. An additional
  condition for the classification of a brick building as a simple or non-complex
  building is that the building is not intended for human habitation (either permanent
  or temporary).The classification of buildings into classification groups is determined
  by the predominant use of part of the building, where it is necessary to establish
  the proportion of the usable floor area occupied by each part of the building.This
  means that if the living area of a 'brick house' exceeds the harvesting area, it
  should be considered as a residential building. Detached houses, villas, farmhouses
  and other country houses, holiday cottages and similar single-dwelling buildings
  belong to the group of single-dwelling buildings (classification number 11100).
  For single-dwelling buildings, the ZGO-1 provides that it is not necessary to obtain
  an occupancy permit to put them into use, but that the investor may nevertheless
  request one (second paragraph 5 of Art. In this case, and provided that the single-dwelling
  building is constructed on the basis of a building permit, an occupancy permit is
  issued without a prior technical inspection, provided that the investor attaches
  to the application for an occupancy permit, in addition to a geodetic plan of the
  new state of the land, a declaration by the designer and the supervisor that such
  building is constructed in accordance with the regulations.We cannot accept the
  initiative to raise the limit for brick-built houses as set out in Article 197(1)
  of the ZGO-1, according to which all buildings constructed before 31 December 1967
  and the premises therein which were in use as of 01.01.2013 are deemed to have a
  use permit, so that the year 1991 would be the limiting year for brick-built houses,
  as this would constitute an excessive deviation from the general rules set out in
  the law. However, we will reconsider your proposal in the process of a comprehensive
  overhaul of the spatial, construction and environmental legislation.Clarification
  on the preparation of new legislation in the field of obtaining use permits:The
  described issue of obtaining use permits will be regulated by the new construction
  law, which is still in the drafting phase and therefore the Ministry is not yet
  in a position to provide more detailed explanations, but we would like to add a
  reminder that the solution presented below is of a purely working nature and has
  not yet been validated by the decision-making structures.The Ministry would like
  to inform you that the solution presented in this document is not a legal one.In
  the working draft law, this problem is solved by the so-called "amnesty for buildings",
  which have been built in much the same way for more than 20 years. For these structures,
  on presentation of a location plan, proof of the structure's long existence and
  proof of registration, the administrative unit would issue a permit having the effect
  of a building and occupancy permit, and the parties to the procedure would be able
  to object solely and exclusively to the age of the structure, which means that compliance
  with the zoning acts and other regulations, as well as building-technical compliance,
  would not be verified. Simplifications are also envisaged for the issuance of a
  regular occupancy permit for buildings that already have a building permit, which
  will be issued on the basis of a declaration by a supervisor or other authorised
  architect/engineer that the building has been built in accordance with the regulations,
  and, in particular, in the case of minor deviations (in which case a new or amended
  building permit will not have to be obtained, but only a project showing the deviations
  and a declaration by the architect/engineer).
Text file: 607.txt
Title: Obtaining a building permit for a brick house
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=607
