📋 Tender Overview
In recent days, there have been claims in the public that the proposed amendment to the Construction Act (GZ-1B) sends the message "build illegally and wait", as structures are supposed to become legal without checking their safety and usability. At the Ministry of Natural Resources and Spatial Planning, we would like to clearly emphasize that this is not true.Unauthorized construction still remains a violation that is sanctioned by demolition. | Author: Archive The amendment does not introduce new legalization options, but rather regulates the issue of the legal status of buildings built before 1995, for which the state does not have complete records of issued permits. When does the presumption of a permit not apply? The presumption that a building has a construction and use permit does not apply to buildings built before 1995: if a decision by a building inspector to remove the building was issued, a measure was issued against the building prohibiting its use, there is a legal basis for considering that the building does not have a permit (e.g., revocation of the building permit). Purpose of the legal regulation In 2017, with the adoption of the GZ, Slovenia introduced special forms of permits (e.g., a decision on legalization, a decision on presumption) in order to establish actual records of buildings. Such permits did not ensure compliance with modern standards, but regulated the legal status. The same applies to the proposed amendment: it only resolves issues from the past, and in no way encourages unauthorized construction. The necessary conditions for legalizing buildings are still compliance with regulations, appropriate documentation, and payment of compensation for degradation and usurpation of space. Why the year 1995? In 1995, the powers to issue permits were transferred from municipalities to the state, so the state does not have complete archives for buildings built before that year. The change in the year is necessary because owners often no longer have documentation, and the state cannot systematically obtain data. The law does not use the term "black construction". The correct term is unauthorized construction, which the law divides into three types: 1. illegal construction (without a building permit) 2. non-compliant construction (construction deviates from the permit) 3. dangerous construction (the structure endangers people or property) Safety of structures No structure built before 1995 can demonstrate compliance with today's standards without an expert inspection - this applies to buildings without documentation as well as to those that have a building or use permit and in which people already live. The amendment therefore stipulates that in order to issue a decision on presumption, it is mandatory to submit documentation with an expert statement confirming the actual condition of the structure and its suitability for use. In this way, risks are even reduced. Differences between structures The law distinguishes between complex and simple structures. In the case of a presumption of the existence of a building or use permit, its type is not assessed. Data and records Up until 1967, 472,444 buildings were built, between 1968 and 1995, 484,104 buildings, and after 1995, 214,760 buildings. The state has had complete archives of issued permits only since 1995. Since 2015, it has also been maintaining a Database on the Construction of Buildings, into which administrative authorities enter data on issued permits. The amendment introduces significant changes. It adapts the Construction Act to the challenges of modern times and continues to upgrade procedures within the framework of the introduction of the digital eConstruction system, which will be fully operational throughout Slovenia on 6 January 2026. The investor will obtain an opinion no later than 30 days from the request; if there is no opinion after 30 days, the investor may submit an application for the issuance of a building permit. To avoid possible errors, the administrative authority will once again check with the opinion-giver whether he agrees to remain silent. The introduced fiction of an issued opinion may make the work of non-opinion-givers easier, who will be able to deal with important requests, but will not have to write opinions for unimportant ones. Investors will receive a response within the stipulated time. Amendment GZ-1B brings transparency and safety, but not legalization of unauthorized construction Amendment GZ-1B does not bring amnesty for unauthorized construction, but rather closes a gap in records for buildings older than 30 years. Unauthorized construction still remains a violation that is sanctioned by demolition. The law brings legal clarity to owners of older buildings, while also ensuring that professional safety assessments are included in the verification. The message is clear: Illegal, non-compliant and dangerous constructions are prohibited, and existing records are being regulated for the benefit of transparency and safety of all residents.
