Structures or facilities and alterations thereto may be placed and their impact on the use of the area may be changed only on the basis of:
- Planning permit;
- Planning consent;
- Planning agreement between the applicant and construction authority; or
- if the structures or facilities are contemplated to be placed in a built-up area, on the basis of a regulatory plan to the extent approved by regulatory plan, without a specific planning permit.
Applications to obtain a planning permit to develop a plot of land must be filed with the local construction authority which is responsible for controlling the use and development of plots of land in its area. Local construction authorities have statutory time periods within which a decision must be made as to whether a planning permit should be issued. There are various statutory rights in relation to appeals made if an application is refused. The applicant does not necessarily need to be the owner of a plot of land. As a result, any party can apply for a planning permit in respect of a plot of land, provided that the applicant received the approval of the owner of the plot of land on which the applicant intends to build. During the planning permit proceedings, the relevant authority considers each application in respect of (i) the application’s compliance with the zoning plan of the relevant territory (ii) ) the application’s protection of the environment and health and safety; and (iii) the standpoint of other participants in the planning proceedings. A planning permit will contain conditions regulating the impact of the development of the plot of land.
In certain cases, for example, where a structure does not require a building permit or a notification, the construction authority may issue a planning consent instead of a planning permit. A planning consent is issued within 30 days of the date of notification (if the authorities agree with the project).
The Construction Act states the types of structures, technical infrastructure, pylons, aerials, facilities, conservatories or sheds, landscaping work, maintenance and construction works or alterations which do not require a building permit or notification to the respective construction authority.
In some cases, only a notification to the construction authority is required e.g. for a residential house of up to 150sqm with one basement floor and a ground floor (assuming certain other conditions are met). If the notification is complete and complies with the requirements, the construction authority will approve the construction within 30 days of receiving the notification.
In all other cases, the construction cannot commence until a valid, effective building permit has been issued. The construction authority determines the binding conditions for the implementation and use of a development in the building permit. The conditions determined by the construction authority will ensure the protection of public interests during its construction and the use of the building, its integrity, compliance with general technical building requirements or other regulations and technical standards and its compliance with the requirements set by the state administrative authorities, in particular, the exclusion or restriction or negative impact of the building and its use on the environment. A building permit generally ceases to be valid if construction has not commenced within two years of the date on which the building permit became legally effective however a longer period may be (i) granted by the construction authority; or (ii) extended on request by the applicant.
Generally, a building permit will be required to construct a “new build” property, to undertake work to refurbish an existing building and to change an existing use (e.g. office space) to another separate use (e.g. retail premises).
The role of Authorised Inspectors has been created to certify plans for new constructions, in particular where a developer wishes to avoid traditional construction proceedings. Based on a contract with the developer, an Authorised Inspector is entitled to:
- certify that the proposed construction project or modification of the construction project prior to its completion may be executed;
- draw up an expert opinion (i.e. a certificate) for the purposes of issuing an occupancy permit; and
- supervise the implementation of the construction project.
Building permits can, in some cases, be replaced by a construction agreement between an applicant and a construction authority.
If works are to be carried out to historically or architecturally important buildings, the investor must obtain a positive statement from the cultural heritage protection authority before a planning or building permit is issued.
During the consultation period the local construction authority is required to undertake, interested third parties may submit objections (or support). These comments should be considered by the authority before deciding whether a planning permit or building permit should be granted. In addition, even after a planning permit or building permit has been issued, there will be a 15 days period within which the participants to the proceedings (e.g. the owners of the neighbouring real estate) are entitled to challenge the validity of permits granted. This should be considered by lawyers and agents acting for a developer prior to commencing work on the development.
Once a building has been constructed or construction works have completed, an application must be made to the construction authority to issue an occupancy consent. The construction authority will examine whether the construction has been carried out in accordance with the planning and building permits and with the applicable building, health and safety and environmental legislation. The issuing of occupancy consent approves the use of a building for a particular purpose. In some cases, only a notification to the construction authority is required.
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