SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
4.5 Right of Appeal Against an Authority’s Decision
• the intended construction is in accordance with the implementing zoning regulations; • the constructed or reconstructed building will meet the essential requirements; and • the intended construction will not prejudice the rights of third parties and the public inter - est. If the above conditions are fulfilled, the responsi - ble authority will allow such construction. 4.3 Regulatory Authorities Regulatory competences in spatial management are hierarchically divided between the state and municipalities. As regards the regulation of the development and designation of use of individ - ual parcels of real estate, the competences gen - erally lie with municipalities. Municipalities are, however, bound by hierarchically higher spatial planning acts. 4.4 Obtaining Entitlements to Develop a New Project In order to obtain entitlements to develop a new project or to complete a major refurbishment, an investor has to obtain a building permit. The building permit is issued by the territorially com - petent administrative unit or – in certain cases – by the Ministry of Natural Resources and Spa - tial Planning. In the administrative procedure for the issuance of a building permit, third parties have the right to participate and may potentially object to or comment on the intended construc - tion. Such third parties are, inter alia, the owner of the land plot subject to construction or the holder of another property right over such land plot, the owner of the neighbouring land, as well as other persons, if they demonstrate that their rights and legal interests are likely to be affected by the proposed construction.
A decision issued by an administrative unit in the issuance of a building permit may be appealed against. The right to appeal is granted to the investor as well as third parties, which have the right to participate in the said procedure (see 4.4 Obtaining Entitlements to Develop a New Project ). The right to appeal the decision issued by the Ministry of Natural Resources and Spa - tial Planning is only limited to an administrative dispute procedure. 4.6 Agreements With Local or Governmental Authorities A public utility charge is payable in respect of any planned development. The amount of the charge depends on the scope of available public utility infrastructure, whereas, generally, connec - tion to the available public utility infrastructure is mandatory. Instead of paying part of the public utility charge, an investor can – to a limited extent – agree with a local municipality that the investor will, instead of the municipality, construct the public utility infrastructure for the land on which the investor intends to build. After the infrastructure is con - structed, it is transferred to the ownership of the municipality free of charge. Such agreements are common practice. 4.7 Enforcement of Restrictions on Development and Designated Use Restrictions on development and designated use are enforced by the inspection services, which supervise the implementation of the regulations in the field of spatial planning and construction. Inspection services serve to prevent the illegal construction of buildings and their use without the required permits.
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