One of the most common questions when purchasing older buildings is how to obtain a building and occupancy permit. The Construction Act (https://pisrs.si/pregledPredpisa?id=ZAKO8244) provides various options for legalizing structures that were built without a permit or in violation of the existing regulations. The law outlines several ways to address such structures, with key differences in the conditions and requirements that must be met by the owner or investor.
These options include legalizing buildings, issuing permits for long-standing structures, obtaining occupancy permits for existing buildings, and presuming the issuance of building and occupancy permits.
The presumption of issued building and occupancy permits under ZGO-1 (https://pisrs.si/pregledPredpisa?id=ZAKO3490) is regulated by Article 150 of the Construction Act (https://pisrs.si/pregledPredpisa?id=ZAKO8244). A decision is issued for structures that meet the criteria outlined in Articles 197 and 198 of the Construction Act (ZGO-1) (https://pisrs.si/pregledPredpisa?id=ZAKO3490) or the criteria defined in Article 124 of the Act Amending and Supplementing the Construction Act. This provision aims to simplify and accelerate procedures for older buildings.
Which older structures qualify for the presumption of issued building and occupancy permits under ZGO-1?
The Construction Act (GZ-1) introduces the presumption of issued building and occupancy permits for structures that have been in use for an extended period and are registered in the real estate cadastre or the cadastre of public infrastructure. The main criteria for obtaining the presumption of permits include:
- 1. Buildings constructed before december 31, 1967 – All buildings constructed before this date and in use as of January 1, 2003, retain the presumption of permits, provided their purpose has not significantly changed since that date.
- 2. Public infrastructure facilities built before june 25, 1991 – These include infrastructure such as roads, utility networks, and other facilities, which also qualify for the presumption if their purpose has not changed since that date.
- 3. Defense and security facilities or special-use structures – These structures include those used for defense, protection, rescue, and internal affairs that were in use as of January 1, 2003.
- 4. Civil engineering structures built before december 31, 1967 – Structures included in shared ownership or used as business premises and reconstructed based on a valid building permit before the ZGO-1 Act took effect are also eligible.
- 5. Structures built before november 9, 1996, where notification was sufficient – These structures, built based on a notification process, are presumed to have permits if they remain in use and have not undergone significant changes in purpose.
Procedure for issuing a decision on the presumption of issued permits
For structures meeting the above criteria, it is presumed that they have been granted building and occupancy permits. Owners may submit a request to the administrative authority to issue a decision on the presumption of issued permits.
Importantly, this process excludes third-party participants, enabling quicker decisions.
For older structures (constructed before 1967), due to the time elapsed, proving the actual status is based on a level of probability. This means there is no requirement for absolute and indisputable evidence, as such documentation is often difficult to obtain. The law states that probability is sufficient if the reasons supporting authenticity outweigh those indicating inaccuracy.
Key advantages of the presumption of issued building permits
- – Simplified procedures: The presumption eliminates the need for lengthy verification processes for older structures.
- – Protection for owners of older properties: Owners who meet the criteria are guaranteed the right to use their properties without additional administrative obstacles.
- – Adaptation to the age of the building: The law allows a more flexible approach, requiring conditions to be met with a reasonable degree of probability rather than certainty.
Limitations and important conditions
Despite its advantages, it is essential for owners to understand when the presumption applies and how to assert it. The presumption is valid only if the building’s purpose has not significantly changed since a specified date. Additionally, the structure must be registered in the cadastre, ensuring transparency and proper documentation.
The presumption of issued building and occupancy permits is a useful solution that allows owners of older properties in Slovenia to simplify procedures and protect their ownership rights without the burden of additional permits. This provision emphasizes older structures that have been in use for a long time and thus have acquired the right to maintain their status.
When renovating older buildings, consulting a professional is recommended to ensure compliance with all legislative requirements. This will help you protect your property and preserve its history for future generations.
For more information or consultation, contact us: Tel: +386 40 626 131; Email: tajnistvo@bazarealestate.com.
