TOLERANCE OF A BUILDING

    You are the owner of land in which a building has been built without the necessary construction documents issued for it or these documents cannot be found. This building is considered illegal and may be removed or banned.

    To prevent the removal of the building or the issuance of a ban on use, you have a legal option provided under the Spatial Planning Act for the issuance of a Building Tolerance Certificate. This certificate does not legalize the building, but proves that it is tolerable and not subject to demolition, which guarantees its future existence and use.

    It is important to know that by obtaining a Certificate of Tolerance, you can validly dispose of / sell, exchange, donate, etc. / with the building.

    The most important requirement for the building to be tolerable is that it was built before 31.03.2001, according to §16, para 1 of the Spatial Development Act, §127, para 1 of the TFP of the Spatial Development Act

WHAT YOU NEED TO DO:

- to hire technical persons to prepare a constructive opinion and geodetic survey of the building, that it meets the necessary construction requirements;

- to get a sketch for the tolerance of the building;

- to submit a Sample Application to the Chief Architect of the municipality or region, to which to attach the above documents, accompanied by:

• Document for ownership or real right to build on the property;

• Notarized declaration that the building was built by April 7, 1987; OR that it began between 8 April 1987 and 30 June 1998, if declared by their owners to the approval authorities by 31 December 1998; OR was built before March 31, 2001;

• Notarized consent of all co-owners, if the property is co-owned;

• Certificate for heirs, if the property is hereditary;

• Notarized consents of the owners of neighboring properties - in case of reduced distances to property and regulatory boundaries;

• Other documents required by law depending on the specifics of the site;

• Notarized power of attorney, if the documents are submitted by a proxy;

• Document for paid fee.

    In case of failure to submit the necessary documents within the specified period or when the architect considers that the conditions for legalization are not met, he issues a reasoned refusal, notifies the interested parties and notifies the competent authority to remove the illegal building.

    Otherwise, it issues a Certificate of Tolerance of the building.