An occupancy permit is a key document that confirms that a building has been constructed in accordance with the issued building permit and is suitable for use. In Slovenia, this is a mandatory document for all new buildings intended for use, as well as for reconstructions and changes in the purpose of buildings. Without an occupancy permit, owners cannot legally use or sell the property.
Why is an Occupancy Permit Important?
Legality of Use – A building that requires a building permit (except for non-complex structures) can only be used after obtaining an occupancy permit. This ensures that the building is safe, compliant with regulations, and does not pose a risk to users or the environment.
Registration in the Cadastre – An occupancy permit is a prerequisite for registering the property in the building cadastre and land register. Without this registration, the building does not legally exist as a lawful structure, which can cause issues in managing ownership and property transactions.
Protection from Sanctions – The Construction Inspectorate can impose fines or even order a prohibition of use if the building does not have an occupancy permit. In extreme cases, authorities may even require the removal of the structure.
Possibility of Sale or Lease – Banks, notaries, and other financial and legal entities often require an occupancy permit for selling, leasing, or encumbering a property (e.g., when obtaining a mortgage loan). Without it, transactions can be complicated or even impossible.
Which Buildings Require an Occupancy Permit?
Under Slovenian law, the following must obtain an occupancy permit:
Complex buildings and buildings with environmental impact – The occupancy permit is issued through a special verification procedure based on a technical inspection. This inspection ensures compliance with the permit and regulations.
Less complex buildings – For these buildings, a technical inspection is not mandatory; the permit is issued based on submitted documentation and statements from authorized experts.
Single-family houses – Investors can obtain an occupancy permit without proof of building reliability if they submit a statement from the supervisor and the control manager confirming that the works were carried out in accordance with the permit and project documentation.
Buildings with trial operation – If the law requires initial measurements and operational monitoring, the investor must report the trial operation before the occupancy permit is issued.
How to Obtain an Occupancy Permit?
1. Submission of the Application
The investor must submit a request to the competent administrative unit along with:
-The building permit,
– Project documentation of executed works,
– A statement from the supervisor and control manager confirming compliance with construction regulations,
– Reports on completed tests (e.g., structural analysis, fire safety, energy efficiency).
2. Technical Inspection of the Building
For complex buildings and buildings with environmental impact, a technical inspection is mandatory. Representatives of the investor, contractor, supervisor, and approval authorities are present. If deficiencies are found, the investor must rectify them before the permit is issued.
3. Issuance of the Occupancy Permit
If the building meets all prescribed conditions, the administrative authority issues the occupancy permit. For single-family houses where the building envelope is not yet completed, the permit can be issued with an adjusted supervisor’s statement, requiring the investor to complete the envelope within three years of the permit’s issuance.
Legal Consequences of Non-Compliance
If an occupancy permit is not obtained, the Construction Inspectorate may impose penalties, ranging from fines to a prohibition of use.
The designer, supervisor, and contractor are criminally, financially, and disciplinarily responsible for the accuracy of their statements.
Without an occupancy permit, an official house number cannot be assigned to the building, which may cause difficulties in address registration and connections to public infrastructure.
An occupancy permit is a crucial document ensuring the legal use, safety, and regulatory compliance of a building. The process of obtaining it depends on the type of building, with complex structures requiring a technical inspection, while less complex ones only require appropriate documentation. Failure to obtain an occupancy permit can lead to serious legal consequences, so it is advisable to secure it in a timely manner and, if necessary, seek assistance from construction and legal experts.
For more information or consultation, contact us: Tel: 00386-40-626-131, Email: tajnistvo@bazarealestate.com.
