If you are planning to build a new house, an extension, carry out a major renovation, or change the intended use of a space, one of the first steps you need to take is to obtain a building permit. This is an official document that allows you to start construction in a legal and legally protected manner.
A building permit is required for all new constructions, reconstructions, demolitions of buildings in close proximity to neighboring properties, and for changes in the intended use of a structure. Construction must comply with the spatial planning acts of the municipality in which the land is located. This means that conditions regarding permitted land use, building size, distance from property boundaries, and similar requirements are predetermined. It is also important to consider whether the land falls within a protected area, such as cultural heritage sites, natural reserves, or infrastructure corridors.
If you are building too close to a neighboring structure—defined as less than one meter away—or if the reconstruction includes changes to the structure and function of the building, a permit is mandatory. This also applies to a change of use, such as converting a garage into a living space or an apartment into an office.
What is the procedure?
To obtain a building permit, the following steps are required:
- 1. Obtain initial information from the relevant authorities (municipality, administrative unit, etc.).
- 2. Check whether construction is permitted on the chosen plot of land. This can be determined by reviewing the municipality’s spatial implementation act, consulting the spatial information system, or submitting a request for location information to the local municipality.
- 3. Determine whether the construction site is located in a protected area under special regulations (e.g. nature conservation, water bodies, cultural heritage, or protection zones such as roads, power lines, gas pipelines, etc.).
- 4. Obtain the legal right to build on the intended land (ownership, building right, easement).
- 5. Acquire project documentation for the building permit, which must be prepared by a licensed designer for both simple and complex structures. The designer must appoint a certified architect or certified engineer, depending on the nature and intended use of the building, to lead the design documentation process.
When is a building permit not required?
The law also provides for certain exceptions where a building permit is not needed. However, this does not imply complete freedom to build. The construction of simple structures, minor reconstructions, maintenance work, public benefit maintenance work, temporary structures, and the execution of inspection measures may proceed without a building permit.
Without a building permit—but based on a notification of commencement of construction—the following is allowed:
- – Demolition of a complex or less complex building, unless the building is adjacent to or less than one meter away from a neighboring property.
- – Reconstruction necessary to reduce or eliminate the consequences of natural or other disasters, aimed at restoring the previous condition of the building, provided that its position, dimensions, intended use, and external appearance are not changed. Work must begin within three months of the disaster.
- – Construction of a temporary storage structure.
Reconstruction and change of use
Reconstruction refers to modifying the technical characteristics of an existing building, involving changes to its structural elements, capacity, or other improvements. At least part of the original structural elements must be preserved, and the building’s dimensions generally cannot be increased, although a reduction is possible. Any increase in dimensions must be solely for compliance with essential requirements defined by construction regulations. A reconstruction also includes changes in use that reclassify a structure into a more complex category.
A change in the intended use of a building means changing the purpose of the building or part of it, either independently or together with maintenance, minor reconstruction, reconstruction, or extension. A change of use is not considered if the purpose changes within a subclass according to the regulation governing the CC-SI classification of building types, or within the class of commercial and administrative buildings (CC-SI class 1220), excluding the subclass “Conference and congress buildings” (CC-SI 12204), or within the class of residential buildings for specific social groups (CC-SI class 1130).
Even though the process of obtaining a building permit may seem complicated at first glance, its true purpose is to protect both the investor and the wider community. It ensures safe, functional, and lawful construction, while also helping to avoid disputes with neighbors, the municipality, or state authorities.
For any construction or renovation project, thorough preparation is essential: consulting with professionals, reviewing spatial data, and ensuring timely preparation of all required documentation.
For more information or consultation, contact us: Tel: 00386-40-626-131; Email: tajnistvo@bazarealestate.com.
