Utility infrastructure and its legal status
Utility infrastructure consists of:
-
unclassified roads
-
public traffic areas where traffic of motor vehicles is not allowed
-
public parking lots
-
public garages
-
public green areas
-
public construction works and facilities
-
public lighting
-
cemeteries and crematoriums in cemeteries
-
construction works intended for public transport.
In addition to the above-mentioned construction works, the representative body of the local self-government unit may also determine other utility infrastructure construction works if they serve for performing utility activities.
Utility infrastructure is a public good in general use, owned or co-owned by a local self-government unit and/or a person performing a utility activity. Transactions regarding utility infrastructure may only be done in legal relations between local self-government units and legal persons performing utility activities, and other persons may not acquire property rights on that infrastructure, except for the right of servitude and building rights in accordance with the decision of the representative body of the local self-government unit.
The local self-government unit establishes and maintains a register of utility infrastructure.
Construction and maintenance of utility infrastructure
The construction and maintenance of utility infrastructure is the obligation of local self-government units or of persons to whom this obligation has been transferred in accordance with the Utility Management Act or other special law.
The construction of utility infrastructure includes the following actions and works:
-
solving property-rights on the land for construction of utility infrastructure
-
removal and/or relocation of existing construction works on the land for construction of utility infrastructure and works on the rehabilitation of this land
-
procurement of designs and other documentation required to obtain permits and other acts for the construction and use of utility infrastructure
-
construction of utility infrastructure pursuant to the act regulating construction of construction works
The construction of utility infrastructure is of interest to the Republic of Croatia.
Utility infrastructure is built in accordance with the utility infrastructure construction programme or in accordance with a contract or other act determined by special law. The utility infrastructure construction programme is adopted by the representative body of the local self-government unit for the calendar year, concurrently with the adoption of the budget of the local self-government unit. The programme is then published in the official gazette of the local self-government unit.
The utility infrastructure construction programme is developed and adopted in accordance with the report on the situation in space, the needs for land development in accordance with the land planned by spatial plan and the plan of the development programmes adopted pursuant to special regulations, taking into account infrastructure construction costs as well as financial resources and foreseeable sources of revenue for the financing of infrastructure construction.
By the utility infrastructure construction programme the following is defined:
- utility infrastructure construction works that will be built for the purpose of developing undeveloped parts of the building area
- utility infrastructure construction works that will be built in developed parts of the building area
- utility infrastructure construction works that will be built outside the building area
- the existing utility infrastructure construction works that will be reconstructed and the manner of reconstruction
- utility infrastructure construction works that will be removed
- other issues determined by the Utility Management Act and a special law.
The mayor submits to the representative body of the local self-government unit a report on the implementation of programme for the construction of utility infrastructure for the previous calendar year.
Utility infrastructure is maintained in accordance with the utility infrastructure maintenance programme or in accordance with a contract or other act prescribed by the Utility Management Act or by the special law. The utility infrastructure maintenance programme is adopted by the representative body of the local self-government unit for the calendar year, concurrently with the adoption of the budget of the local self-government unit. The programme is then published in the official gazette of the local self-government unit.
By the utility infrastructure maintenance programme, the following is defined:
-
description and scope of the utility infrastructure maintenance works with assessment of individual costs by activities, and
-
statement of the financial resources necessary for the implementation of the programme, with indication of the funding sources.
The mayor submits to the representative body of the local self-government unit a report on the implementation of the programme for maintenance of utility infrastructure for the previous calendar year.