PROCEDURE FOR OBTAINING LICENCES (for information purposes only):
PURPOSE OF THE PLOT
Whether and what kind of construction or reconstruction is allowed can be checked in the relevant spatial plan. Spatial plans can be viewed in the Physical planning information system https://ispu.mgipu.hr/
Written information from the spatial plan on the planned land use and requirements for project implementation for specific land can be obtained from the competent administrative department for physical planning and construction in the form of location information.
EVIDENCE OF LEGAL INTEREST
If according to the spatial planning document the desired construction/reconstruction is possible, it is necessary to provide evidence of the right to build. The following documents may be evidence of legal interest:
• land registry extract indicating that the investor is the owner or the holder of the right to build on the building plot or the construction work intended for construction,
• pre-contract, contract or a conditional contract pursuant to which the investor has acquired or shall acquire the ownership right or building right,
• the decision issued by the competent authority pursuant to which the investor has acquired the ownership right or building right,
• partnership contract concluded with the owner of the property, the aim of which is joint construction,
• written approval from the landowner or the owner of the existing construction work,
• written approval given by the fiduciary owner to the previous property owner who is the investor.
MAIN DESIGN DEVELOPMENT
The main design is a set of aligned designs providing the technical solution of construction work and attesting compliance with the essential requirements for the construction work, as well as with other prescribed and determined requirements and conditions.
A location permit is issued exceptionally for:
• exploitation field, except for hydrocarbon or geothermal water exploitation for energy purposes, construction of mining facilities and facilities for the operation of mining works, storage of hydrocarbons and permanent disposal of gases in geological structures,
• mining facilities and facilities for the exploitation of hydrocarbons or geothermal water for energy purposes in accordance with a spatial plan on the exploitation field determined on the basis of a special law governing the exploration and exploitation of hydrocarbons,
• determination of new military locations and military buildings,
• projects which pursuant to special building regulations are not considered to be construction,
• stage and/or phase construction of construction work,
• complex project in the area
• construction on land or building for which the investor has not regulated legal property relations or for which it is necessary to implement the expropriation procedure,
• construction of buildings if requested by the investor.
Issuing a location permit is initiated on the basis of the application of an interested party with enclosed:
• conceptual design in electronic form
• conceptual design description certified by the designer,
• the decision on the environmental acceptability of the project, if the project is under special regulations subject to the procedure of environmental impact assessment and/or appropriate assessment of the impact of a project on the ecological network,
• the decision on the assessment of the need for environmental impact assessment if that decision contains protection measures and/or environmental monitoring program
• certificate on validation of the conceptual design, if the project was developed according to foreign regulations.
The location permit will cease to be valid if within two years from the day the location permit became final and effective:
• the application for issuing the concession was not submitted,
• the application for adoption of the decision on expropriation was not submitted,
• the proposal for adopting the decision on servitudes or the right to construction on land owned by the Republic of Croatia was not submitted,
• the application for issuance of the building permit was not submitted, or
• the implementation of the project for which the official act for construction is not issued has not started.
The validity of the location permit shall be extended once upon the request of the applicant or investor for two additional years, provided that the requirements have not changed which were determined in accordance with the provisions of this Act and other requirements in accordance with which the location permit was issued.
The construction/reconstruction of construction work may commence only on the basis of a building permit. The application for building permit issuance shall be submitted by the investor to the competent office for construction and physical planning in the place where construction or reconstruction of construction work is planned. The request can be submitted in electronic form.
To a building permit application, the following shall be enclosed:
• main design in electronic form,
• the hard copy of the main design verified by the designer and the principal designer if more project designers participated in the design
• a written report on the performed main design audit (if the audit is prescribed),
• a certificate on the main design validation (if the design has been developed according to foreign regulations),
• evidence of legal interest for the issuance of a building permit,
• evidence that he may be the investor (concession, approval or other official act prescribed by a special regulation) in the case of construction work for which a special act prescribes who the investor may be,
• evidence that the owner of the construction land has fulfilled his duty to transfer part of the land to the property of the local self-government unit; the obligation to conclude a contract for the establishment of the service of transit and/or passage, prescribed by a special law regulating spatial planning, if such duties exist.
The building permit shall cease to be valid if the investor does not undertake construction within three years from the date of the validity of the permit.
The validity of the building permit shall be extended to the investor’s request once for the next three years if the conditions for the implementation of the project specified by the spatial plan or the location permit in accordance with which the building permit has been issued have not changed.
The Ministry of Construction and Physical Planning developed the ‘e-permit’ system, which enables all building and use permits for construction works are issued electronically.
NOTIFICATION OF THE COMMENCEMENT OF CONSTRUCTION, SETTING-OUT AND MARKING OF THE CONSTRUCTION SITE
Prior to commencing construction, the investor shall ensure that the setting-out of the construction work is performed and that the construction site is fenced and marked. The commencement or continuation of construction shall be notified in written form to the competent office for construction and physical planning no later than eight days before the commencement or continuation of construction.
PERIOD FOR COMPLETION OF BUILDINGS
The Building Act stipulates that buildings, depending on the group to which they were classified, shall, with regard to their external appearance and the development of the building plot, be completed within the prescribed periods.
The owner of a building is required to obtain the energy certificate prior to the issuing of the use permit.
The application for issuing the use permit shall be submitted by the investor, or the construction work owner, to the competent body for administrative construction activities.
The application for issuing the use permit shall include:
• photocopy of the building permit or a copy of the main design for the construction work that may be built or works that may be carried out without the building permit on the basis of the main design;
• information regarding the parties involved in the building;
• the written statement of the contractor on works completed and the requirements for the maintenance of the construction work;
• final report of the supervising engineer on the completion of the construction work;
• statement of the certified geodetic engineer that the construction is located on the plot i.e. within the scope of intervention in the area in accordance with the building permit i.e. main project;
• geodetic project of the derived state of the building or surveying study and/or any other act determined by special regulations on the basis of which the buildings and other building in the cadastre or cadastre of the infrastructure and the land register are recorded, i.e. the way of using the plot with the data on the broken points of the building, the building particle i.e. the scope of the project in the space presented in GML format in electronic form;
• evidence that the plot was formed in the cadastre, if it is a building which has the scope of intervention area determined in the location permit, within which plot is formed in parcelling, except for the issuing of the temporary use permit; • energy certificate of the building, if the application is submitted for a building that must comply with the energy performance requirements.
Physical planning provides the conditions for use, protection and management of the space of the Republic of Croatia as a particularly valuable and limited national asset, and also creates the prerequisites for social and economic development, environment and nature protection, building excellence and rational use of natural and cultural goods.
The Physical Planning Act (Official Gazette 153/13, 65/17, 114/18, 39/19) regulates the physical planning system: aims, principles and subjects of physical planning, spatial monitoring and monitoring in the field of physical planning, spatial planning requirements, adoption of the Spatial Development Strategy of the Republic of Croatia, spatial plans including their development and adoption procedure, implementation of spatial plans, building land development, property postulates of building land, development and supervision.
PHYSICAL PLANNING INFORMATION SYSTEM (ISPU)
The physical planning information system is an application of the Ministry of Construction and Physical Planning that merges into one unit the Geoportal, Cadastre and spatial plans, enabling to end-users, i.e., every citizen simple access to information on rules of space use, on plans under construction and reports on public debates.
For additional information refer to https://ispu.mgipu.hr/