SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Slovenia, spatial planning and zoning is gov - erned by the Spatial Management Act, which envisages a system and hierarchy of spa - tial planning acts. Spatial planning acts either take the form of spatial strategy acts or spatial implementation acts, and are adopted at a state, regional and municipality level. Accordingly, the state is responsible for the adoption of a spatial planning strategy for Slo - venia and a thematic and regional actions pro - gramme, constituting strategy acts, as well as national spatial plans, and regulations on the most appropriate variant and national spatial development plans, which serve as implemen - tation acts. Likewise, the state and local munici - palities adopt regional spatial strategies, which are strategy acts. Lastly, municipalities adopt municipal spatial strategies as strategy acts, as well as municipal spatial plans and municipal detailed spatial plans as implementation acts. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction On a general level, the design, appearance and method of construction of new buildings or refurbishment of existing buildings is regulated by the Building Act and the Spatial Management Act. On an individual level, the design, appear - ance and method of construction is controlled in the process of issuing of the building permit. In this process, the competent administrative unit or the Ministry of Natural Resources and Spatial Planning in case of large-scale construction pro - jects considers, inter alia, whether:
actions, the other (benefited) person knew (or should have known) of the debtor’s insolvency. Security interests created by a borrower in favour of a lender, which may be set aside or annulled, are only those made in a look-back period start - ing from 12 months prior to the day of filing of the motion for bankruptcy and ending on the day on which the bankruptcy proceedings are initiated. The look-back period is extended to 36 months if the other (benefited) person received assets of the company without being obliged to provide consideration, or if it was only obliged to provide consideration of a small value. 3.10 Taxes on Loans The costs in connection with mortgage loans that need to be paid by lenders or borrowers are, according to the Land Registry Act, Notary Act and the Law of Property Code: • court fee for registration in the Land Register; and • notary’s fees (which are payable according to the official notary tariffs) for notarial services. Registration in the Land Register requires a Land Registry Permission, which must be either notarised or issued in the form of a notarial deed. In the land registration procedure, the notary often serves as the proxy of the applicant for registration of the mortgage. No specific stamp duties apply, and the costs and fees are generally rather low compared to neighbouring jurisdictions.
808 CHAMBERS.COM
Powered by FlippingBook