The Law on Amendments to the Law on Planning and Construction entered into force at the end of last week, and according to the responsible minister Goran Vesić, the new regulations enable more efficient issuance of building permits, greater openness, better protection of citizens and faster construction. Lawyer Ana Zorić, who specializes in the field of real estate and construction, explains how it will all look in practice.
“Citizens and society as a whole will greatly benefit from the implementation of the new regulations.” For all new buildings larger than 10,000 square meters of gross construction area, upon issuance of a use permit, a green building certificate is obtained, all with the aim of reducing greenhouse gas emissions, using environmentally certified building materials and equipment, reducing waste production, using renewable energy sources. On the other hand, investors of buildings for which green building certificates have been issued, have the right to a reduction of the calculated contribution for the development of construction land in the amount of 10 percent”, she explains.
The new law also stipulates that in the future, all investors will have to submit a damage insurance policy to third parties before starting work, which means that citizens who live in neighboring buildings can claim damages if their buildings are damaged.
“Greater protection of buildings under cultural protection is prescribed. A study on the protection of immovable cultural assets was introduced for the purposes of drafting planning documents. It is prepared for protected spatial cultural-historical units and other spatial units for which the status of immovable cultural property has been determined. As part of the decision on the preparation of the planning document, the deadline for the preparation of the draft, which cannot be longer than 12 months from the date of the decision on the preparation of the planning document, information on the need to prepare a study for the protection of immovable cultural property, as well as information on the phased preparation and adoption of the planning document documents
. If the organization responsible for protection affairs of immovable cultural assets does not prepare a study within the prescribed period, it will be considered that the preparation of the study is not necessary, and the process of preparing the planning document will continue in accordance with the provisions of the Law on Planning and Construction”, she said.
Greater powers for building inspectors
Building inspectors have had their powers extended, so they can also control whether the monumental properties of immovable cultural assets are diminished or destroyed. The construction inspector was also given permission to order the suspension of works by decision, if the contractor did not inform the competent authority about the finished foundations and the completion of the building in a constructive sense. The inspector must submit a criminal report and initiate the procedure of revocation of the license of the responsible contractor, who is found to be performing work without a construction permit and work report.
Prescribed deadlines for moving air conditioners
Owners of buildings of public purpose that are part of immovable cultural assets are obliged to remove all external units of heating and cooling devices from the street facades within two years from the entry into force of the law, that is, to relocate them so that they are not visible. Owners of buildings that are in the category of immovable cultural property have a period of five years to remove or relocate. Building owners who don’t belong to the category of immovable cultural property, they have a period of ten years for the removal or relocation of all external units of heating and cooling devices, on which the local self-government unit on whose territory the object is located will pass a general act within one year from the entry into force of the law.
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