Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 826
Initiative accepted and completed: .nan
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-08-22'
Initiative published: '2017-08-22'
Initiative submitted: '2017-08-10'
Response from the competent authority: "Answer from the Ministry of the Environment\
  \ and Spatial Planning:The land use certificate is a certificate from the official\
  \ register and is therefore considered a public document in accordance with the\
  \ General Administrative Procedure Act. The certificate must therefore be issued\
  \ by the municipality, since the geoinformation portals referred to in the initiative\
  \ are commercial products or services of private providers. While they are used\
  \ by municipalities in their work and operations, they cannot automatically be considered\
  \ as computerised official records, nor is the data directly accessible or automatically\
  \ obtained from them official data. As such, they are only created by the municipality,\
  \ by issuing them in compliance with the substantive and procedural legal requirements\
  \ (as regards content, deadlines, formality, service, etc.).As the transition to\
  \ electronic operations of public administration bodies is a clear orientation and\
  \ objective also in the field of spatial planning tasks, the State is actively developing\
  \ an official spatial information system. Electronic commerce will provide information\
  \ support to stakeholders in the spatial planning and building processes. Despite\
  \ the introduction of electronic commerce, the official certificate of zoning will\
  \ still not be automatically obtained through spatial information systems, as the\
  \ spatial data (on the basis of which the certificate is prepared) are inconsistent\
  \ with each other. Only an informative indication of the type of intended use on\
  \ a specific parcel can be obtained automatically (by graphically cross-sectioning\
  \ the data layers), which does not yet provide a level of official information that\
  \ can be used as a basis for further notarial services. The official information\
  \ is only provided by the municipality through the implementation of the relevant\
  \ prescribed procedure.Reply from the Association of Municipalities of Slovenia:\
  \ The Association of Municipalities of Slovenia (ZMOS) has examined the initiative\
  \ submitted via the STOP Bureaucracy website. We set out our reasoned concerns below.\r\
  \nWhile it is true that web applications allow for the automatic generation of land\
  \ use certificates, at present it is still necessary for the competent persons in\
  \ the municipal administrations to carry out checks before issuing certificates.\
  \ The biggest problem in the automated production of certificates is certainly the\
  \ quality of the spatial data available to municipalities for the production of\
  \ such certificates. The quality of the land cadastre (which is the basis for issuing\
  \ certificates, as the land parcel represents the unit for which the certificate\
  \ is issued) varies greatly between the different parts of the cadastre (old and\
  \ new measurement), which consequently does not allow for a \"blind\" computerised\
  \ intersection of the data layers, but requires verification by the staff of the\
  \ municipal administrations. Furthermore, the updating of land cadastre data is\
  \ also a problem, where municipalities are not allowed to receive data directly\
  \ and up-to-date, but receive such data with a time lag. Also, in practice, it is\
  \ not always possible to ensure that data are updated at the same time as new spatial\
  \ planning acts, temporary measures or changes to protection regimes, etc. enter\
  \ into force. Certificates are often based on older spatial planning documents that\
  \ have not yet been digitised. All of the above reduces the reliability and accuracy\
  \ of the automatic production of land use certificates.\r\nThese reasons clearly\
  \ demonstrate that a \"manual\" or \"personal\" examination of the certificate by\
  \ the municipal administration staff, who, based on their experience, can quickly\
  \ and efficiently identify possible errors, is essential in any case. This is also\
  \ important from the point of view of monitoring the correctness of the certificates.\
  \ Full automation in the issuance of land use certificates could therefore lead\
  \ to errors with significant legal consequences.As regards the length of procedures,\
  \ municipalities aim to issue certificates as quickly as possible, although expert\
  \ review of the correctness of certificates takes its own, albeit relatively short,\
  \ time. Timely or sufficiently early submission of the application for the certificates\
  \ is of particular importance to shorten the procedures affecting the real estate\
  \ market. In practice, it is not uncommon for the application for a certificate\
  \ to be submitted only at the final stage of the sale or purchase of the property,\
  \ which is beyond the control of the municipality.Municipalities certainly welcome\
  \ initiatives that reduce bureaucracy, as this facilitates and speeds up the work\
  \ of municipal administrations and provides better services to users or customers.\
  \ However, before we can achieve full automation of the issuance of such certificates,\
  \ it is necessary to address the problems at system level arising from the different\
  \ institutions and the inconsistencies in the spatial data produced by such institutions."
Text file: 826.txt
Title: On-line access to land-use certificates issued by municipalities
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=826
