This new Act regulates the conditions, procedures, and means for the retrospective building approval of constructed buildings or parts thereof that have been built without construction permits, as well as the conditions for obtaining operation permits and other matters regarding retrospective building approval.
It is important to mention that the Act is not applicable to those buildings built at the time when there was no obligation to obtain a construction permit, but only to those built without the construction permit before the date of entry into force of this Act. Also, it applies to buildings which were built with a construction permit but whose construction works deviated from the issued permit.
Furthermore, the Act stipulates that construction permits may not be granted subsequently if the buildings were constructed in particular areas or on specific types of land, or if they have been built against the prescribed planning conditions and regulations.
The Act prescribes a list of documents to be submitted with the application for a retrospective building permit, whereas the responsible authority has 30 days from the submission of the application to send the notice informing about the possibility of issuing a retrospective building permit. If the responsible authority determines that there is no possibility of retrospectively approving the already-constructed buildings, the party submitting the application has the right to complain.
The prescribed deadline for the submission of applications for the retrospective building approval of constructed buildings is 90 days from the entry into force of the Act. Applications filed by 11 March 2010 are also considered as applications in the sense of the Act.
*This text has been provided by Moravčević Vojnović and Partners in cooperation with Schoenherr
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