Minister Bačić: Constitutional Court upholds buildings law by near-unanimous vote

Hina - Construction Minister Branko Bačić said during a visit to Petrinja on Friday that the Constitutional Court had, by 11 votes to two, confirmed the Building Management and Maintenance Act is fully in line with the Constitution.

He noted the Court, which often rules by narrow margins, reached a near-unanimous decision in its full composition, endorsing the government’s long-held position that the law does not violate constitutional rights.

Bačić said the legislation is the first to comprehensively regulate the management and upkeep of multi-apartment buildings and forms part of the national housing policy, including efforts to boost the supply of long-term rental housing.

Addressing opposition criticism, he highlighted provisions restricting the conversion of flats into short-term rental units in such buildings. This is permitted only if supported by a two-thirds majority of residents; without that majority, conversion is not allowed. The Court found Croatia is entitled to introduce such proportionate measures in pursuit of housing policy goals.

He also said the Court upheld a ban on installing air-conditioning units on façades visible from streets and squares, introduced to protect buildings, their appearance and public safety.

The law, in force since early last year, was challenged before the Constitutional Court by 31 opposition MPs, the Save Small Family Renters Association and 239 citizens, who disputed 19 provisions, claiming they were discriminatory, particularly regarding short-term rentals and property rights.

The Court rejected those claims. However, two judges issued dissenting opinions, arguing some provisions required closer scrutiny.

They said the ban on visible air-conditioning units excessively restricts property rights and the right to private life, noting that in high temperatures air conditioning is a necessity, especially for vulnerable groups such as the elderly and the ill.

They also raised concerns that certain provisions unduly limit property and privacy rights, citing powers granted to co-owners, including audio or video recording, collecting signatures and imposing penalties without judicial protection.

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