Doing business in Slovakia: Construction planning process
Law-Now Slovakia
05.03.2008
Before constructing a building, first a planning permit (also known as a zoning permit) and then a construction permit must be obtained. Once construction is finished, a use permit is required before the building can be put into use.
Planning permits are issued by the local Building Office and are valid for two years after they come into force (although they do remain valid after two years where an application for a construction permit has been submitted). The applicant does not need to own the land but must have some right over it, such as a long lease.
Planning permits set out the permitted scope of the proposed building project, including conditions for its construction, the location where the building should be constructed and any requirements for project documentation. Conditions can also be attached, to protect the public interest and, in particular, the planning and zoning objectives of the municipality or state. These include a time schedule, measures protecting environmental, architectural and planning interests and any issues raised during the planning process (e.g. by a third party accepted as a participant by the Building Office).
The entire process has to be begun again if there are any changes to the project documentation or to the purpose of the intended construction. These are known as change proceedings. However, minor changes can be dealt with in the construction permit process as long as they comply with the conditions imposed in the original planning permit.
Extensive consultation is required during the process of obtaining both planning and construction permits. Consents may also need to be obtained. The precise requirements depend on the type and location of the building. The bodies most commonly involved in consultation and consent are:
- State Agency for Administration of Water
- Agency for the protection of the environment and countryside protection
- Agency for Air Protection
- Agency for Waste Management
- Agency for Monumental Protection
- Agency for Fire Protection
- Agency for the State Administration of Forestry Management
- Agency for the Protection of Food Management
- State Labour Inspectorate
- State Administration Agency for Civil Aviation
- Ministry of the Defence
- Railway track administrators
- State Administration Agency for Terrestrial Communications
- State Agency for Electronic Communications
- Civil Protection Agency
- Health and Safety Agency
- State Veterinary Agency
- State Agency for the Protection of Minerals
- Ministry of the Environment
- Telecommunication Companies (Telekom, T-Mobile, Orange)
- Energy distributors, such as SPP, SSE, ZSE
- Utilities
Construction permits are issued by the Building Office to allow construction work to be undertaken. They must be applied for within the two-year window of the planning permit. The construction permit will lapse where the builder does not begin construction within two years after it comes into force. Once issued, it is possible to amend them without having to repeat the process. Buildings erected without a construction permit are known as black buildings, and are unlawful. Construction permits set out:
- the conditions for the construction and use of the building
- general technical requirements
- relevant legislative and technical standards
- conditions imposed by relevant authorities
- issues raised during the planning proceedings (e.g. by third parties)
- conditions for the protection of the public interest, health and environment
- the time period for the building to be completed
- any other issues affecting the project
Use permits are issued once construction is finished, to confirm that the Building Office is satisfied that the building process has been carried out correctly and that the building is suitable for its designated use. Buildings cannot be put into use without a valid use permit. The use permit is also the basis for acquiring the building number and registration at the cadastral registry.
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