We often come across the term “illegal construction” or in Slovenian language “črna gradnja”. The term is usually used in connection with extensions or constructions from the period before Slovenia’s independence. What does this term actually mean and what are the options for regulating the legal status of such properties?
The term “illegal construction” is used to refer to unauthorised buildings, i.e. buildings that have been constructed without a building permit or in breach of a building permit, as well as to buildings that have been reconstructed or their intended use has been changed without the relevant permits.
The procedures for regularisation of real estate is regulated by the Construction Act (GZ-1), which is in force since June 2022. This act maintains the regularisation procedures of the previous Act and introduces some new features. The law introduces the possibility to obtain an occupancy permit for existing buildings under special procedures and establishes a legal presumption of having obtained an occupancy and building permit for certain older buildings.
Despite the new features facilitating the legalisation procedures, owners and potential investors should be aware that the procedures for regularising the legal status of a property are often lengthy. Legalisation also carries certain costs, such as administrative and court fees, the cost of producing project documentation, utility contributions, etc.
The legalisation process is largely dependent on the documentation available to the owner and the subsidiary administrative procedures for issuing the missing documentation. In the case of properties with more then one owner, problems can arise already at the level of mutual coordination and (lack of) uniformity of action, which further complicates the whole process.
As a result, it is essential to carry out a thorough review of the entire real estate documentation when purchasing a property and to make sure that the legal status of the property is assured.
After all, well-organised documentation is crucial for efficient transfer of property, legal certainty and ensures a long-term value of your property.
For more information or consultation please contact us; Tel: 00386-40-626-131, E-mail: tajnistvo@bazarealestate.com.
