SLOVENIA Law and Practice Contributed by: Blaž Ogorevc, Miha Štravs and Blaž Murko, Odvetniki Šelih & partnerji, o.p., d.o.o.
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 case of larger constructions with certain environmental impacts – 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. 4.5 Right of Appeal Against an Authority’s Decision A building permit issued by an administrative unit is subject to an appeal. 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 against the building permit issued by the Min - istry of Natural Resources and Spatial Planning
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. No regional spatial plans have been adopted yet, but several proposals and planning activi - ties have recently emerged. 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: • the intended construction is in accordance with the implementing zoning regulations; • the constructed or reconstructed building will meet the essential technical 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.
907 CHAMBERS.COM
Powered by FlippingBook