5 important changes in Construction Law GZ-1

The new Construction Law (GZ-1) was accepted on the 31st of December 2021 and will enter into force on July 6th, 2022. At that time, the new Spatial Planning Act (ZureP-3) will also enter into force. Thus, this year we will start applying two new laws, which should bring simpler, faster, cheaper, and digitized solutions. At the same time, an additional legal basis for business in electronic form (e-Graditev) is being established, which should start operating by 1 January 2024.

We have prepared for you an excerpt of the five most important changes brought by GZ-1 in connection with the construction and reconstruction of objects.

l. DEFINITION OF THE OBJECT

 (Article 3 / paragraph 25)

Excerpt from the law:

“A building is a building connected to the ground or a civil engineering structure made of construction products, products and natural materials, together with the installed installations and technological devices that the building needs for its operation; an object is connected to the ground if it is founded or connected to the ground with the help of construction works in a permanently determined place and cannot be moved or removed without damaging its essence; a temporary structure and a tree-built structure intended for the performance of activities are also considered to be an object. “

One of the first innovations we notice when reading the new law is the definition of an object. Until now, the building was considered a building, civil engineering building, or other construction intervention, which is made with construction, finishing construction or. installation parts, consisting of construction products, products, or natural materials, in which installations and devices intended for its operation are installed. The new Construction Law (GZ-1) again adds the criterion that was already included in the Construction of Buildings Act (ZGO-1), namely that the building or a civil engineering structure is connected to the ground and cannot be moved without damaging its essence.

This means that with the introduction of GZ-1 for the erection of mobile glamping facilities and various prefabricated residential buildings, we will not need to obtain a building permit.

ll. MUNICIPAL CONTRIBUTION

(Article 76 / paragraph 1)

Excerpt from the law:

»(1) Upon the finality or finality of the building permit for a demanding facility and a less demanding facility, the start of construction shall be registered with the following data and documentation:

– the slaughter record referred to in the previous article when required;

– project documentation for the execution of construction, prepared in accordance with the regulation referred to in the tenth paragraph of Article 39 of this Act, if required in accordance with Article 73 of this Act, signed by the designer and design manager, of which it is also an integral part their signed statement that the project documentation for the execution of the construction fully meets the requirements of Article 25 of this Act;

– data on the supervisor and the personal name and identification number of the head of the supervisor;

– a certificate from the municipality on the paid municipal contribution, if so provided by the law governing space;

– the opinion of the organization responsible for nature conservation that the conditions for the operation of compensatory measures are met if the building permit has determined compensatory measures due to the predominance of other public benefits over the public benefit of nature conservation, which must be implemented before construction;

– a final environmental protection permit, if so determined by the law governing environmental protection. “

A welcome change to the new construction law for many investors is regarding the payment of the municipal contribution. One of the conditions for obtaining a building permit under the current Civil Code is a paid municipal contribution or. evidence that the investor’s obligations regarding the payment of the municipal contribution have been fulfilled in another way.

The novelty of the construction law is that according to GZ-1, in order to obtain a building permit, we will not have to pay the municipal contribution, which will only have to be paid before the start of construction is announced.

This will make it easier for us to obtain a loan, as a valid building permit is a condition for obtaining a loan to build a house, and the plot must already be owned by us.

lll. SMALL RECONSTRUCTION

(Article 7)

Excerpt from the law:

(1) Minor reconstruction shall be carried out on the basis of a written opinion of a certified construction expert, the addition of an external staircase or lift and also on the basis of a written opinion of a certified architect providing a solution that improves or at least does not worsen After the minor reconstruction, the authorized expert in the field of construction confirms the suitability of the performed works in writing.

(2) In addition to the opinion and certificate referred to in the preceding paragraph, the consent of the municipality regarding compliance with the spatial plan must be obtained for minor reconstructions that mean a small increase in the volume or extension of an external staircase or lift.

(3) The more detailed content and form of the opinion and certificate referred to in the first paragraph of this Article shall be prescribed by the Minister. “

The new construction law GZ-1 introduces a new construction instrument t.i. minor reconstructions aimed at filling the gap between maintenance work and reconstruction. The definition of minor reconstruction does not state or. limits the square footage of the intervention, which would still be considered a minor reconstruction, so the article can be used for interventions in the implementation of various improvements or replacements of several individual structural elements. This category includes larger penetrations of the structure, a smaller increase in volume (whereby the gross floor area of ​​the building must not increase), the installation of an elevator in the interior, the addition of an external staircase or. elevators, which may not connect more than three floors, and the replacement of elements of public water supply and sewerage.

It is not necessary to obtain a building permit for a minor reconstruction intervention, but a written opinion of an authorized expert in the field of construction or the opinion of a certified architect. In the event that a minor reconstruction means a small increase in volume or the addition of an external staircase or elevator, it is necessary to obtain the consent of the municipality regarding compliance with spatial acts.

lV. COMPLIANCE WITH SPATIAL ACTS

(Article 47 / paragraph 2)

Excerpt from the law:

“An administrative body is bound by the opinion of the competent opinion giver if it meets the requirements referred to in the fourth paragraph of Article 43 of this Act.”

In order to obtain a building permit, it is necessary to attach to the administrative body the opinions of the competent opinion givers, including the municipality, which determines whether the intervention is proposed or not. legalization in line with existing spatial acts. However, we have often encountered in practice the situation that the administrative body has submitted amendments or even the fact that the application will not be granted, as the proposed construction in the administrative opinion is not in line with all provisions of the municipal implementing act. attached is a positive opinion of the municipality.

The new construction law (GZ-1) brings a change in this area. With GZ-1, the administrative body will no longer assess the compliance of the intended intervention with the provisions of the spatial plan, but will accept the facts stated in the opinion of the competent opinion givers.

Due to this novelty, GZ-1 introduces an abbreviated declaratory procedure for issuing a building permit, in which it states the deadline for issuing a building permit 30 days from receiving the request for issuing a building permit in accordance with the Administrative Procedure Act. to build.

V. TOLERANCES

(Article 79)

Extract from Article 79 / first paragraph:

“- the building is moved horizontally from the position specified in the documentation for obtaining a building permit, but not more than 1.0 meters”,

Extract from Article 79 / second paragraph:

“- the individual external dimensions specified in the building permit (width, height, length, depth, radius, etc.) are increased, but not by more than 0.5 meters, or the individual external dimensions are reduced and

– the zero angle of the ground floor does not change by more than 0.5 meters. “

Currently, it is allowed to increase or increase the individual external dimensions of the building, which are specified in the building permit within the permissible deviations from the building permit. reduced by a maximum of 0.30 m.

GZ-1 has a changed criterion for what falls under the permissible minor deviations from the building permit. The building can be moved from the location specified in the building permit for a maximum of 1 m. The individual external dimensions specified in the building permit may be increased or reduced by 0.50 m, the zero angle not being changed by more than 0.5 m.

This gives the investor more freedom and opportunities for later changes to the project.