Proposal of Act on Proceeding with Illegally Built Buildings open for public consultation

The Ministry of Physical Planning, Construction and State Assets has opened public consultation for the Proposal of the Act on Amendments to the Act on Proceeding with Illegally Built Buildings. All interested parties and professional public can participate by giving their opinions, suggestions and remarks, upon prior registration, through the eConsultation portal no later than November 9, 2025.

The amendments to the Act will eliminate the administrative deadline for submitting requests for legalising illegally built buildings, which allows applicants to submit requests at any time, i.e. when they have legal and actual conditions to submit them.

As the fundamental material and legal requirement for legalisation, the building in question has to be an illegally built building or a reconstructed part of an existing building constructed without a document approving construction - i.e. contrary to such a document - and visible on the digital orthophoto map of the State Geodetic Administration developed on the basis of the aerial photogrammetric survey of the Republic of Croatia started on June 21, 2011 (DOF5/2011). In other words, it will not be possible to legalise buildings and construction works constructed after said date.

Moreover, it is also not possible to legalise illegally built buildings in planned corridors and areas for traffic, energy, water and communication construction works because it is important to secure corridors for such construction works.

The procedure for issuing the decision on the as-built state is digitised and carried out through the existing ePermit program, through which other administrative documents in the administrative field of construction and physical planning are also issued.

The documentation submitted with the request for issuing the decision on the as-built state is consolidated for all buildings (building categories are eliminated), except for auxiliary buildings of up to 50 m2, and this documentation is prepared electronically.

A new Regulation on the fee for retaining illegally built buildings in space will be adopted in order to update the fee amount, since 2012 amounts are no longer relevant.

The Act will generate a direct positive impact on increasing the real estate value and introducing the so far unauthorised buildings into the legal system, which improves legal certainty and transparency.

The authorisation enables a legal use of buildings and obtaining permits for reconstruction, as well as the decision on performing business activities, the possibility to obtain loans and funds from different sources, including EU funds, and ensuring the protection of corridors for infrastructural construction works, since they are highly significant for further development of the Republic of Croatia.

Furthermore, the entire process is simplified, accelerated and modernised by digitising the issuance of decisions on the as-built state.

• Public consultation on the Proposal of the Act on Amendments to the Act on Proceeding with Illegally Built Buildings

• Public consultation on the Statement on the Regulatory Impact Assessment of the Proposal of the Act on amendments to the Act on Proceeding with Illegally Built Buildings

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