17. 1. 2018

Legalisation of illegal buildings under the new Building Act

The new Building Act (Gradbeni zakon; GZ) provides for the legalisation of three categories of illegal buildings.


The first category covers buildings that exceed the deviations permitted under the GZ. Minor deviations from the building permit are permitted, provided the building does not encroach on adjacent land, does not exceed permitted structural dimensions by more than 0.3 m, does not effect the opinions (no longer consents) of authorities and in essence does not alter the building or its intended purpose. An occupancy permit application (together with an ordnance survey map of the new plot) should be filed for legalisation. Issuance of an occupancy permit means that the building is no longer illegal.


The second category covers buildings that (i) exceed the deviations permitted under the GZ, (ii) are illegal or (iii) used contrary to their intended use. This category covers legalisation in cases where the deviations mentioned in the paragraph above have been exceeded and for buildings that do not have a valid building permit. Legalisation applications can be lodged until 17 November 2022. A comprehensive set of documentation, prepared by a qualified registered architect, must be included with the legalisation application. Where a legalisation application is approved, a decision to that effect is issued stating that the building shall receive a valid occupancy permit and is no longer illegal.

 

The third category covers buildings constructed without a building permit prior to 1 January 1998, have not been fundamentally altered since that date and are registered in the building cadastre. Proof demonstrating the right to build and the proof demonstrating that the building existed prior to 1 January 1998 must be included with the legalisation application. A permit will not be issued if the construction inspectorate deems the building a safety hazard. Issuance of a decision legalising the building means that it will receives an occupancy permit and that the building is no longer illegal. However, this decision may be revoked at a later date in order to protect the public interest, in which case no compensation is payable.

 

Compensation for land degradation and usurpation, as well as a community infrastructure levy must be paid prior to initiation of any of the foregoing procedures. However, every legalisation category has its own set of criteria that is subject to examination. 

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