Building process
Information prepared by the construction board, which explains how it is necessary to act in order to implement its construction intentions in accordance with the procedures laid down in regulatory enactments.
The new regulation of the construction process from 1 October 2014 foresees that, in order to commence design, there is no longer a need for local government to receive planning and architectural tasks, but the initiator of construction intention, with the idea of construction of a structure, must first turn to a construction specialist (certified designer) who develops a construction project in a minimum composition according to the regulations of the utilisation and building of the territory, the spatial plan, the detailed plan, the local plan (if such has been developed) and the construction standards, the technical regulations issued by the institutions, if such are necessary.
Prior to the commencement of the design, the local government may request and receive a statement regarding the permitted use specified in the spatial plan and the relevant building regulations in the relevant parcel. When an architect has developed a project in a minimum composition, a form completed by the construction application must be submitted to the local government for evaluation and it must be accompanied by the design design, as well as the technical survey opinion of the structure or part thereof in cases where a construction project for renewal, reconstruction or restoration in a minimum composition is being developed. If the submitted documentation complies with the requirements of regulatory enactments, the building authority will take a decision regarding the approval of the construction intention and the issuance of a construction permit and the initiator of the intention will be granted a construction permit with conditions for continuation of the design and a permit for commencement of construction work. The Construction Board may take a decision regarding the necessity of the public consultation of the construction intention or the necessity of an environmental impact assessment, or the necessity to draw up a detailed plan or to provide a refusal.
The initiator of construction, submitting documents for the submission of construction intention, shall be guided by the laws and regulations which determine the distribution of all structures in three groups (see Cabinet Regulation No. 500 of 19 August 2014, general construction regulations' Annex No. 1). Each group of buildings shall determine the procedures for the initiation of construction and determine the documents to be submitted in accordance with Cabinet Regulation No. 529 “Construction Regulations of buildings”.
The construction permit shall take effect from the time when the commissioning party subscribes regarding receipt of a construction permit (or in other cases specified in the notification law). Since the period of contesting of a construction permit has been determined within one month, the law provides for additional measures for informing the public, namely, the construction board publishes information within 3 days on the website of the local government regarding the coming into effect of each specific construction permit. A construction permit shall be disputed 1 month after the date of entry into force, but when the period of contesting of the construction permit has expired and the construction permit has become unquestionable, as well as a note regarding fulfilment of the design conditions – acceptance and fulfilment of the conditions for commencement of construction work has been made in the construction permit, the builder may commence construction work.
In providing for the construction of hydro-technical, melioration, electricity generation and transmission, as well as engineering structures of all groups, the construction initiator shall return to the appropriate specialists certified in the field of construction design and agree on the development of the necessary documentation.