Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 851
Initiative accepted and completed: '2018-01-15'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-11-21'
Initiative published: '2017-11-21'
Initiative submitted: '2017-11-21'
Response from the competent authority: "Answer from the Ministry of the Environment\
  \ and Spatial Planning:The existing Act on Spatial Planning requires the issuance\
  \ of opinions of the spatial planning authorities in the process of adopting the\
  \ spatial planning act itself, and then the consents of the individual consent-granting\
  \ authorities (which may be the same as the spatial planning authorities) are also\
  \ required in the process of issuing a building permit under specific laws (e.g.\
  \ the Water Act, the Act on the Protection of the Cultural Heritage).The Building\
  \ Act, which is already in force and will be applicable from 1 January 2012, will\
  \ be applied from 1 January 2013. However, the Building Law, which will be in force\
  \ on 6 June 2018, allows that opinions (previous consents) do not have to be submitted\
  \ in the building permit procedure if the construction is located in the area of\
  \ a spatial implementation act to which the spatial planning authorities have given\
  \ a positive opinion and in which they have stated that it is not necessary to obtain\
  \ opinions in the building permit procedure.We believe that in this way, the new\
  \ legislation has allowed us to avoid unnecessary duplication. However, this is\
  \ mainly up to the drafters of the planning act, who must be aware of this legal\
  \ possibility.The need for the consent of neighbours in the building permit procedure\
  \ is without legal basis. While such provisions are usually included in the spatial\
  \ planning acts, they are not required by law and the Ministry's recommendations\
  \ do not go in this direction. However, if the zoning act requires the consent of\
  \ neighbours, it must be submitted in the building permit procedure, otherwise the\
  \ building permit cannot be issued. It is not expected that the building permit\
  \ procedure can be conducted as an abbreviated procedure if, within this procedure,\
  \ it is necessary to wait for the assessment of the communal contribution, which\
  \ is assessed by the municipality and is a condition for the building permit, and\
  \ the assessment of the compensation for the change of use. In this way, there are\
  \ in fact two administrative procedures within the main administrative procedure\
  \ for granting the building permit. The Law on Construction of Buildings does allow\
  \ for an abbreviated declaratory procedure to be conducted under certain conditions,\
  \ which are, however, unworkable and irrelevant in the light of the Constitutional\
  \ Court's decision U-I-165/09 of 3 March 2011 (Official Gazette of the RS, No 20/11).\
  \ The shortened declaratory procedure is a procedure without parties, and according\
  \ to the Constitutional Court's ruling, parties must be involved in the procedure\
  \ for issuing a building permit, even if it concerns the area of a detailed spatial\
  \ plan.As regards the need for ARSO's consent, we consider that the erosion areas\
  \ are not linked to the main course of the river (Sava), but that they are a wider\
  \ area that does not depend solely on the course of the river.The Aviation Act prescribes\
  \ independently of the Building Construction Act, when consent is required for the\
  \ purpose of safeguarding air traffic. This law prescribes the granting of consent\
  \ for new buildings, and the bell tower in the village is clearly an existing one.If\
  \ the zoning act prescribes the colour of roofing, facades, etc., then the project\
  \ for obtaining a building permit must have this information, as a condition for\
  \ the granting of a building permit is the compliance of the planned construction\
  \ (from the project) with the zoning act. The administrative authority is obliged\
  \ to take such a zoning act into account, and the municipality and the developer\
  \ are responsible for its content.The new Act on Spatial Planning, which applies\
  \ from 1 June 2018, allows for a so-called \"location check\" for deviations from\
  \ the spatial implementation conditions of zoning acts (albeit under certain conditions),\
  \ which would also include conditions regarding the colour of the fa\xE7ade and\
  \ the roofing material.The new Act on Spatial Planning, which applies from 1 June\
  \ 2018, allows for a \"location check\" for deviations from the spatial implementation\
  \ conditions of zoning acts (albeit under certain conditions)."
Text file: 851.txt
Title: Municipal location (zoning) plan (OLN) and building permit (GD) for a residential
  house within the area
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=851
