A completed or reconstructed construction work may be used or put into operation and a decision may be issued for performing activities in that construction work pursuant to a special act, after a use permit has been issued for that construction work.
The application for issuing the use permit shall be submitted by the investor, or the construction work owner, to the competent body for administative construction activities.
The application for issuing the use permit shall incude:
- photocopy of the building permit or a copy of the main design for the construction work that may be built or works that may be carried out on the basis of the main design;
- information regarding the parties involved in the building;
- written statement of the contractor on works completed and the requirements for the maintenance of the construction work;
- final report of the supervising engineer on the completion of the construction work;
- statement of the certified geodetic engineer that the construction work was built in accordance with the surveying design (if the construction work is subject to developing the surveying design);
- surveying study for entering the construction work in the cadastre or for change of information on buildings and other construction works (if the construction work is not subject to developing the surveying design, but it is to be entered in the cadastre);
- statement of the certified geodetic engineer that the construction work is located on the building plot in accordance with the setting-out study (if the construction work is not subject to developing the surveying design); and
- energy certificate of the building, if the application is submitted for a building that must comply with the energy performance requirements.
The Ministry or the competent administrative body must carry out the final inspection of the construction work within thirty days, or within fifteen days from the date of receipt of an orderly application for the issuance of a use permit.
A use permit for a constructed construction work or the works executed on the basis of the building permit shall be issued within eight days from the date of performance of the final inspection, if it is established that:
- all the prescribed documents have been submitted along with the application for its issuance;
- the construction work was built in accordance with the building permit, as regards compliance with the essential requirements for the construction work, location requirements and other requirements stipulated in the building permit;
- the construction work is connected to traffic areas, other construction works as well as to utility or other infrastructure facilities stipulated in the building permit; and
- any temporary construction works built in the course of preparatory work, the site equipment, unused building and other material, waste and the like, are removed and land in the area of the site and in the access area to the site has been put into an orderly condition.
A use permit for a constructed construction work or works executed on the basis of the main design shall be issued within eight days from the date of performance of the final inspection, if it is established that:
- all prescribed documents have been submitted along with the application for its issuance;
- the construction work was built in accordance with the main design; and
- the construction work, by its intended purpose, location and external dimensions of all its above- and underground parts, is not contrary to the spatial plan at the time of development of the main design.
Use permit for particular construction works
- Use permit for construction works built on the basis of an official act for construction issued before 1 October 2007.
For construction works built on the basis of a building permit or other appropriate official construction act of the competent body issued before 1 October 2007, the building control authority may, subject to the application of the party, instead of a use permit, issue a use permit for the construction work built on the basis of an official act for construction issued before 1 October 2007.
In addition to the application for issuing a use permit, the applicant shall also submit the building permit or other appropriate official act. The permit shall be issued if a construction work was built in conformity with the building permit or other appropriate official act of the competent body with regard to the intended purpose, external dimensions of all its above- and underground parts, shape and size of the building plot and location of the construction work on the building plot, or within the scope of the project. The permit may also be issued for a part of the construction work. It is important to note that procedures instituted before the Building Act entered into force, which relate to the issuance of use permits for consruction works built on the basis of a building permit issued in the period between 20 June 1991 and 1 October 2007, may be completed pursuant to the new Building Act, if the applicant has no objection thereon.
- Use permit for construction works built before 15 February 1968
Construction works built before 15 February 1968 are considered as built on the basis of a final and effective building permit and the time of construction of such a construction work is established by a use permit for the construction work built before 15 February 1968 which is, subject to the application of the party, issued by the building control authority.
The application for issuance of a use permit shall be accompanied by:
1. a copy of the cadastral plan for the cadastral plot on which the construction work was built; and
2. any available evidence that the construction work was built before 15 February 1968.
- Use permit for construction works built, reconstructed, renewed or restored as part of implementing regulations on reconstruction or regulations in areas of special state concer
A construction work built, reconstructed, renewed or restored as part of implementing regulations on reconstruction or regulations in areas of special state concern is considered as built or reconstructed on the basis of a final and effective building permit, if the building control authority for that construction work issues a use permit for the construction work built, reconstructed, renewed or restored as part of implementing regulations on reconstruction or regulations on areas of special state concern.
The application for use permit issuance shall be accompanied by:
1. a copy of the cadastral plan for the cadastral plot on which the construction work was built; and
2. evidence that the construction work was built, reconstructed, renewed or restored within the implementation of regulations on reconstruction or regulations on areas of special state concern (loan agreement, renewal agreement, official act of a state administration body, minutes on the taking over of the construction work or other).
A use permit for such a construction work shall be issued after an on-site inspection, provided that all prescribed documents were submitted with the application
- Use premit for construction works acquired by the Republic of Croatia for the purpose of providing housing
A construction work acquired by the Republic of Croatia for the purpose of providing housing shall be considered built on the basis of a final and effective building permit, if the building control authority for that construction work issues a use permit for the construction work acquired for the purpose of providing housing.
The application for use permit issuance shall be accompanied by:
1. a copy of the cadastral plan for the cadastral plot on which the construction work was built; and
2. a certificate of the Agency for Transactions and Mediation in Immovable Properties that the construction work was acquired for the purpose of providing housing.
A use permit for such a construction work shall be issued after an on-site inspection, provided that all the prescribed documents were submitted with the application.
- Use permit for construction works for which an official construction act has been destroyed or is unavailable
A construction work for which the building permit or other appropriate official act has been destroyed due to natural disaster, war or other destruction, actions or events, shall be deemed to have been built on the basis of a final and effective building permit if the building control authority for that construction work issues a use permit for the construction work whose official construction act has been destroyed.
The application for use permit issuance shall be accompanied by:
1. a copy of the cadastral plan for the cadastral plot on which the construction work was built; and
2. any available evidence that the building permit or other appropriate official act has been destroyed or is unavailable.
A use permit for such a construction work shall be issued within eight days after an on-site inspection and after it is established that:
1. the official construction act has been destroyed and that the archive of the building control authority has been destroyed due to natural disaster, war or other destruction, actions or events;
2. the official construction act has not been found in other competent archives;
3. the official construction act has been issued; and
4. the prescribed documents have been submitted along with the application.
An on-site inspection shall be carried out before the issuance of the use permit.