FROM LOCATION TO USE PERMIT IN 14 STEPS:
STEP 1 – ACCESS TO SPATIAL DEVELOPMENT DOCUMENTATION
STEP 2 – SITE CONDITIONS
STEP 3 – SETTLEMENT OF PROPERTY ISSUES
STEP 4 – DEVELOPMENT OF TECHNICAL DOCUMENTATION
STEP 5 – REVISION OF TECHNICAL DOCUMENTATION
STEP 6 – APPROVALS FOR DESIGN DOCUMENTATION
STEP 7 – ENVIRONMENTAL PERMIT
STEP 8.– DECISION ON FEES
STEP 9.– DECISION ON BUILDING PERMIT
STEP 10. – PREPARATION OF CONSTRUCTION SITE
STEP 11. THE STAKING OF THE FACILITY
STEP 12.– REGISTRATION OF CONSTRUCTION SITE
STEP 13. TECHNICAL INSPECTION AND USE PERMIT
STEP 14. REGISTRATION OF THE FACILITY
WHAT ARE LOCATION CONDITIONS?
Location conditions are technical expert documents that determine the conditions for planning and construction. They are prepared based on the Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska” No. 40/13, 02/15, 106/15, 3/16, 104/18, and 84/19), special laws, and regulations adopted on the basis of these laws, as well as spatial planning documents.
SUBMISSION OF REQUEST
The following documents need to be submitted with the request for location conditions:
- Copy of the ID card,
- Copy of the cadastral plan with identification, not older than 6 months, or updated geodetic base for proposed routes for infrastructure linear communal objects (original),
- Proof of ownership or land use rights for objects according to Article 78 of the Law on Spatial Planning and Construction (wooden sheds, garages, canopies, greenhouses, awnings, advertising panels, septic tanks, containers, etc.) – not older than 6 months (original),
- Urban-technical conditions (original),
- Description of the object (horizontal, vertical dimensions, purpose of the object, or conceptual solution) (original),
- Approvals for the location of the object specified in the urban-technical conditions based on special laws depending on the type and purpose of the object (communal enterprises managing communal infrastructure, public enterprises managing public infrastructure, etc.), if such approvals are not included in the urban-technical conditions (copy).
- Proof of payment for the costs of administrative proceedings (original),
- Tax card (original),
- Proof of payment of a 20,00 KM municipal administrative fee (original).
ISSUANCE OF LOCATION CONDITIONS
The basis for issuing location conditions are: zoning plan, zoning plan for areas of special use, regulatory plan, urban planning project, and parceling plan.
Location conditions consist of a certified excerpt from the implemented spatial planning document and urban-technical conditions (if the area of future construction is covered by an implemented spatial planning document), or an excerpt from the valid available spatial planning document, expert opinion, urban-technical conditions, and a statement from the owner of adjacent objects and parcels (if the area of future construction is not covered by an implemented spatial planning document).
For individual residential and residential-commercial objects with a gross construction area less than 400 m2, except for complex objects under the law, built in an area covered by an implemented spatial planning document or in non-urban areas, location conditions are not required for obtaining a building permit.
The preparation and creation of urban-technical conditions are entrusted to a legal entity with the appropriate license for creating spatial planning documents. Exceptionally, for the construction or reconstruction of individual residential and residential-commercial objects up to 400 m2, as well as for the construction of objects that do not require a building permit, the Department for Spatial Planning and Housing-Communal Affairs may prepare and create urban-technical conditions.
Location conditions are issued within 15 days from the date of receiving a complete request.
Location conditions are valid until the modification of the existing, or the adoption of a new plan. If, within one year from the date of issuance of location conditions, the investor does not submit a request for building approval, they are obliged to seek a certificate that the issued location conditions have not changed before submitting the request.
IMPORTANT TO KNOW…
Location conditions are not required for maintenance works on existing objects and for the adaptation of objects.
WHAT IS A BUILDING PERMIT?
A building permit is an administrative act based on which construction, extension, upgrading, reconstruction, and sanitation of structures can be initiated. Before submitting a request for obtaining a building permit, it is necessary, based on urban-technical conditions and location conditions, to prepare the main project.
SUBMISSION OF REQUEST
Along with the application for a building permit, the following documents need to be submitted:
- Location conditions (copy),
- Technical documentation – main project, 3 copies (original)
- Proof of ownership or land use rights (not older than 6 months) (Extract from the public records of real estate, cadastral extract, Ownership list, Agreement or Decision of the competent authority suitable as a basis for acquiring ownership or construction rights in favor of the investor),
- Fire protection approval for the location (original),
- Water consent (original),
- Environmental consent (copy),
- Approval for connection to the main or regional road (copy),
- Agricultural consent (copy),
- Railway consent (original),
- Approval for protection from electromagnetic fields (for antenna poles of operational mobile telephony, transmitters, etc.) (original),
- Technical documentation control report (copy),
- Proof of payment of the fee for the building permit decision – paid according to the estimated value of the object, up to 50,000.00 KM: 35.00 KM, from 50,000.00 KM-100,000.00 KM: 50.00 KM, and over 100,000.00 KM: 0.5% of the estimated value of the object, but not more than 5,000.00 KM,
- Proof of payment of the fee based on natural disasters and benefits of built infrastructure – (one-time rent and fee for urban construction land arrangement) – paid after the Department for Spatial Planning and Residential-Communal Affairs calculates the amount of the fee (original),
- Tax card (original).
The deadline for resolving the complete matter is 18 days. The building permit expires if construction work does not commence within three years from the date of effectiveness.
ISSUANCE OF BUILDING PERMIT
The building permit is issued for the construction of the entire object and part of the object that constitutes a technical, technological, or functional whole.
The building permit is issued within 18 days from the day the request is fully complete. The building permit expires if construction does not commence within 3 years from the effective date.
Commencement of construction must be reported to the construction inspection 8 days before the start.
ADDITIONAL INFORMATION…
The amount of the fee for the Building Permit Resolution is paid based on the pre-invoice value of the object.
Fees for natural advantages and advantages of built infrastructure (one-time rent and fee for the arrangement of urban construction land) are paid after the Department for Spatial Planning and Housing-Communal Affairs calculates the amount of the fee.
A building permit is not required for auxiliary objects, temporary structures for fair purposes, arrangement of parcels for an individual residential object (paths, platforms, garden pools, fences, garden fireplace, etc.), installation of greenhouses, cantilever tents, as well as for adaptation works on objects, etc.
WHAT IS AN OCCUPANCY PERMIT?
The constructed object cannot be used or put into operation before the competent authority issues an occupancy permit based on a previously conducted technical inspection of the object.
An occupancy permit can be issued for the entire object or for a part of the object that represents a separate technical and functional entity when it can be brought into its intended use before the completion of the entire construction and in cases where it is necessary for the continuation and completion of construction.
The technical inspection of the object is carried out upon completion of the construction, i.e., all works specified in the building permit. It is conducted by a professional commission formed by the authority that issued the building permit within three days from the date of receiving the complete application.
SUBMISSION OF REQUEST
Alongside the request for a technical inspection and the issuance of an occupancy permit, the following documents must be submitted::
- Building permit (copy),
- Project, technical documentation (original),
- Water permit (copy),
- Geodetic survey of the facility/report on conducted underground installations survey (original),
- Approval for the as-built condition (copy),
- Contractor’s statement on completed works and conditions for facility maintenance (original),
- Supervisory authority report (original),
- Energy certificate (original),
- Tax card (original),
- Proof of payment of a 100 KM fee (original),
- Proof of payment of charges (copy).
TECHNICAL INSPECTION
A record is made of the completed technical inspection, including the opinions of each commission member regarding whether the constructed object can be used, whether identified deficiencies must be rectified beforehand, or if the occupancy permit cannot be issued.
After the technical inspection is completed, the technical inspection commission is obligated to prepare a written report within eight days, detailing the results of the technical inspection of the constructed object or performed works. This report, which is an integral part of the record, becomes an essential component of the occupancy permit for the object. The occupancy permit is permanently held by the administrative authority that issued the building permit and the owner of the object. The investor or owner of the object bears the costs associated with the technical inspection.
- Payment of costs for conducting a technical inspection of a family residential building is 120.00 KM.
- Payment of costs for conducting a technical inspection of an independent business space is 220.00 KM.
- Payment of costs for conducting a technical inspection of a family residential building with a business space is 300.00 KM.
- Payment of costs for conducting a technical inspection of business residential buildings, industrial facilities, and structures is 850.00 KM.
ISSUANCE OF OCCUPANCY PERMIT
If, based on the record, it is determined that there are no deficiencies or that identified deficiencies have been rectified, the competent authority issues the occupancy permit.
If the identified deficiencies are not rectified even within the additional period provided, the competent authority issues a decision rejecting the request for the issuance of the occupancy permit and informs the relevant urban planning and construction inspection.
IMPORTANT TO KNOW…
The deadline for resolving the complete case is 18 days.
After obtaining the occupancy permit and affixing the validity clause, conditions for using the facility have been fulfilled. Subsequently, upon settling all rent obligations and arranging the registration of the facility in the cadastral operation and land registry, the conditions are met.
Contact for more information:
Department of Spatial Planning and Housing Affairs
Address: Petra Kočića 2
Telephone: +387 52 720 467;
E-mail: urbanizam@opstina-novigrad.com
