Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 899
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2018-03-15'
Initiative published: '2018-03-15'
Initiative submitted: '2018-03-14'
Response from the competent authority: Answer from the Ministry of the Environment
  and Spatial Planning:There can be no dilemma regarding the Law on Construction of
  Buildings or the new Construction Act, which allows for the right to be demonstrated
  by other documents that enable the construction or execution of works in accordance
  with the law. The relevant legislation can therefore determine what it considers
  to be the right to build. In the case of the Water Act, it provides that an encroachment
  on water or coastal land managed by the Ministry may be carried out on the basis
  of an acquired easement or building right. The Ministry may grant an easement on
  the water or offshore land under its management by means of a final water consent.
  If an encroachment on water or offshore land managed by the Ministry requires the
  creation of a building right, the final water consent shall be the basis for the
  conclusion of a building right agreement. The Water Act is therefore silent in this
  article as to the fact that easements or building rights cannot be acquired by a
  natural person or a legal person governed by private law, but must be acquired in
  a manner that allows for the registration of these rights in the Land Register.
  The Law on the Construction of Buildings (ZGO-1) and the Law on Water (ZV-1) are
  therefore not inconsistent, but the latter, in accordance with the former, establishes
  the legal titles on the basis of which it is possible to encroach on water or coastal
  land. In the present case, the administrative unit, which also examines the right
  to build when authorising construction, has clearly not established the existence
  of an easement or building right in favour of the investor, which, as a second-instance
  authority, we cannot comment on.
Text file: 899.txt
Title: Obtaining a building permit
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=899
