Changes related to approval of investment projects and permitting construction

The latest version of the law requires all documents - graphic and textual, in all parts of the investment project to be signed and stamped by the designer of the part and agreed with the signature of the contracting authority and the lead prefect. The calculations performed by the designer for the respective part do not agree with the signature. What is new is the appearance of the figure of the leading designer, as well as the elimination of the requirement for coordination of design papers with the signature of the designers of the other parts.

The following changes cover the matter governing the design visa. For example, the visa under Article 140, paragraph 3 of the Spatial Development Act replaces an amendment to the Detailed Urban Plan, which changes the method of construction only between two regulated land properties for low development. Related to the previous change is the change that requires the design visa to be communicated to interested parties, but except in cases where declarations of consent are submitted with notarized signatures or interested parties are only the persons on whose initiative the issues the visa.

The amendment also requires investment projects submitted to the competent approval authority to be agreed with the Ministry of Culture in the presence of immovable cultural property, for construction within their borders and their protection zones.

According to the changes, a building permit is not required for:

1. current repair of buildings, constructions, facilities and installations;

2. current repair and maintenance of the elements of the technical infrastructure, which does not change the route and the technical characteristics ''

Here is the moment to recall the difference between the two types of repairs under the Spatial Development Act. "Overhaul" of a construction site is a partial restoration and / or partial replacement of structural elements, main parts, facilities or installations of the construction site, as well as construction and installation works, with which initially invested but worn materials, structures and structural elements are they are replaced by other types or new types of works are performed, which restore their serviceability, improve or extend their service life.

"Current repairs" of construction is the improvement and maintenance of buildings, structures, facilities and installations, as well as internal reconstructions, which do not:

a / affects the construction of the building;

b / perform activities such as removal, relocation of existing walls and making holes in them when they affect the instructions of the building;

c / changes the purpose of the premises and the loads in them.

The main difference between the two types of repairs is in the change in the construction of the repaired site, typical for the major repairs. In order to solve the problem of changing the purpose of a home into an office without carrying out construction / for which a building permit is required /, it is necessary to have changes in the law.

3. greenhouses with an area up to 200 sq.m.

4. retaining walls with a height of up to 1.2 m above the level of the terrain adjacent to their base, when they are not an element of transport sites

5. excavations and embankments with depth or height up to 1 m and with area up to 30 sq.m.

6. glazing of balconies and loggias

7. tombstones. tombstones and crosses up to 3 m high.

8. field conservation of immovable cultural values;

9. conservation and restoration of facades

10. installation of building gas installations in residential and villa buildings;

11. light transparent fences and solid fences with a height of the dense part up to 0.6 m within the land property

12. garden and park elements with a height of up to 2.5 m above the adjacent terrain

The Spatial Development Act regulates the hypothesis of the so-called "re-certification" of the construction permit. The construction permit for a given site may have lost its effect (but it itself continues to exist in the legal peace) in the presence of any of the hypotheses of paragraph 2 of Article 153. The construction of these sites may continue after the re-certification of the construction permit. The refusal to re-certify the construction permit shall be notified to the interested parties in accordance with the APC and shall be subject to appeal within 14 days.

A novelty in the law is also regarding the change of investment intentions after the issuance of the construction permit, only insignificant deviations from the approved investment project are allowed, but only after coordination with the leading designer of the site.