republika srpska how to get a construction permit in republika srpska

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REPUBLIKA SRPSKA GOVERNMENT MINISTRY FOR SPATIAL PLANNING, CONSTRUCTION AND ECOLOGY Trg Republike Srpske 1, Banja Luka, Phone: 051/339 592, fax: 051/ 339 653, e-mail:[email protected] Banja Luka, April 2014 HOW TO GET A CONSTRUCTION PERMIT IN REPUBLIKA SRPSKA INSTRUCTION ON PROCEDURE FOR ISSUING THE CONSTRUCTION PERMIT IN REPUBLIKA SRPSKA 1. 1. In accordance with the Law on Spatial Planning and Construction (“Official Gazette of Republika Srpska”,no. 40/13), (hereinafter: the Law), authority of the administration which is com- petent for construction operations at the local self-government unit in whose territory the building is constructed, is issuing the construction permit per request for construction works in that area. e exception of this provision is related to construction work planned in the terri- tory that is part of two or several local self-government units and to facilities defined in Article 60, paragraph 2 of the Law, whereas the Ministry for Spatial Planning, Construction and Ecology is issuing that permit. 2. 2. Location (site) permit is issued prior to issuance of construction permit, except for facilities and construction work that are exempted in accordance with this Law. I – THE PROCEDURE FOR ISSUING CONSTRUCTION PERMIT 3. e procedure for issuing the construction permit as per the Law is initi- ated by submission of a written request. 4. As part of the request from paragraph 3 of this Instruction, investor is required to submit following documents: - location (site) permit, - the proof of ownership or the right of construction, - main design in three copies – report on technical documentation review. 5. Investor is also submitting concession contract or public-private part- nership agreement, if the forthcoming construction is part of a conces- sion project or public-private partnership project. 6. If the main design is developed in accordance with legal framework of another country, investor has to submit the certification of acknowl- edgement of that main design. 7. If it is necessary or required by legislation, investor has to submit the environmental permit, i.e. the approval on environment impact study. 8. For individual housing and business buildings with gross construction surface up to 400 m2, except for complex buildings as defined in the Law, that are to be built in the area where there is an implementing act on spatial planning or in a non-urban area, investor does not submit location (site) permit. 9. As the proof of ownership or the right of construction, the investor is submitting excerpts from public registries on real estate, or the contract or decree of authorized body that provides the ownership or right for construction in favor or investor, or the contract on joint project be- tween the owner of the land or the real estate and the investor. 10. If the construction land is owned by more persons, investor has to sub- mit a certificate from the public registry on real estate and the contract between the investor and co-owners. 11. Administrative body in charge of construction in a local self-govern- ment unit will upon receiving the request, review whether the request is complete with all required documents. 12. If the request is incomplete, the administrative body will inform the in- vestor and require the completion of the submitted request in provided timeframe, otherwise the request will be rejected. 13. Upon receiving the request and prior to issuing the construction permit, the competent authority will require form the investor to submit the decision on setting of the amount of the compensation for development of urban construction land and the rent, as well as the evidence of pay- ment. If this has been completed within the self-government unit, in a different manner, investor will submit the contract that defines the conditions for completion. 14. e process of issuing the construction permit is shown in a graph and it is an integral part of this Instruction. II- PROCEDURE FOR ISSUING CONSTRUCTION PERMIT FOR BUILDINGS THAT ARE THE COMPETENCE OF MINISTRY 15. e permit is issued by the Ministry, if the request is submitted for a construction work in the areas of two or more local self-government units, as well as for complex building as provided in Article 60, paragraph 2 of the Law. 16. e same procedure is applied for issuing the construction permit in the Ministry, as the procedure that is conducted in local self-government units. III – DEADLINES FOR ISSUING, CONTENT AND VALIDITY OF CONSTRUCTION PERMIT 17. Competent authority decides on issuing the construction permit latest in 15 days. 18. Construction permit is valid three years from the day of becoming executable. 19. Investor is obliged to announce the commencement of construction work to the closest urban planning-construction inspection latest in 8 days prior to construction commencement. 20. Construction permit contains information on investor, information about the building for which the construction permit is issued with the basic information about the use, dimensions and number of stories of the building, with the designation of the plot, the title of the main de- sign with the name of the legal entity with the license which developed the main design and the name of the principal designer, the report on revision of the technical documentation, the observation that the main design is an integral part of the construction permit, period of validity of the construction permit, as well as the obligation of the investor to report the beginning of carrying out of works to the competent urban planning and construction inspection eight days prior to the initiation of works. Main design is integral part of the construction permit and contains certification, signature and stamp of the authority competent for issuing that permit. 21. Investor can submit the request for amendments or changes to the exist- ing construction permit upon its issuance. 22. Reasons for amendments and changes are amendments and changes to technical documentation, main design, changes that impact position, purpose, construction, equipment, environment protection, stability, functionality, dimensions, as well as image of the building. In partnership with International Finance Corporation (IFC) and the Kingdom of Sweden Afisa_gradjevinske_dozvole_ENG.indd 1 04/29/14 3:19:49 PM

Transcript of republika srpska how to get a construction permit in republika srpska

REPUBLIKA SRPSKAGOVERNMENT MINISTRY FOR

SPATIAL PLANNING, CONSTRUCTIONAND ECOLOGY

Trg Republike Srpske 1, Banja Luka,Phone: 051/339 592, fax: 051/ 339 653, e-mail:[email protected]

Banja Luka, April 2014

HOW TO GET ACONSTRUCTION PERMIT IN

REPUBLIKA SRPSKA

INSTRUCTION ON PROCEDURE FOR ISSUING THE CONSTRUCTION PERMIT IN REPUBLIKA SRPSKA

1. 1. In accordance with the Law on Spatial Planning and Construction (“Official Gazette of Republika Srpska”,no. 40/13), (hereinafter: the Law), authority of the administration which is com-petent for construction operations at the local self-government unit in whose territory the building is constructed, is issuing the construction permit per request for construction works in that area. The exception of this provision is related to construction work planned in the terri-tory that is part of two or several local self-government units and to facilities defined in Article 60, paragraph 2 of the Law, whereas the Ministry for Spatial Planning, Construction and Ecology is issuing that permit.

2. 2. Location (site) permit is issued prior to issuance of construction permit, except for facilities and construction work that are exempted in accordance with this Law.

I – THE PROCEDURE FOR ISSUING CONSTRUCTION PERMIT

3. The procedure for issuing the construction permit as per the Law is initi-ated by submission of a written request.

4. As part of the request from paragraph 3 of this Instruction, investor is required to submit following documents:- location (site) permit,- the proof of ownership or the right of construction, - main design in three copies – report on technical documentation review.

5. Investor is also submitting concession contract or public-private part-nership agreement, if the forthcoming construction is part of a conces-sion project or public-private partnership project.

6. If the main design is developed in accordance with legal framework of another country, investor has to submit the certification of acknowl-edgement of that main design.

7. If it is necessary or required by legislation, investor has to submit the environmental permit, i.e. the approval on environment impact study.

8. For individual housing and business buildings with gross construction surface up to 400 m2, except for complex buildings as defined in the Law, that are to be built in the area where there is an implementing act on spatial planning or in a non-urban area, investor does not submit location (site) permit.

9. As the proof of ownership or the right of construction, the investor is submitting excerpts from public registries on real estate, or the contract or decree of authorized body that provides the ownership or right for construction in favor or investor, or the contract on joint project be-tween the owner of the land or the real estate and the investor.

10. If the construction land is owned by more persons, investor has to sub-mit a certificate from the public registry on real estate and the contract between the investor and co-owners.

11. Administrative body in charge of construction in a local self-govern-ment unit will upon receiving the request, review whether the request is complete with all required documents.

12. If the request is incomplete, the administrative body will inform the in-vestor and require the completion of the submitted request in provided timeframe, otherwise the request will be rejected.

13. Upon receiving the request and prior to issuing the construction permit, the competent authority will require form the investor to submit the decision on setting of the amount of the compensation for development of urban construction land and the rent, as well as the evidence of pay-ment. If this has been completed within the self-government unit, in a different manner, investor will submit the contract that defines the

conditions for completion. 14. The process of issuing the construction permit is shown in a graph and

it is an integral part of this Instruction.

II- PROCEDURE FOR ISSUING CONSTRUCTION PERMIT FOR BUILDINGS THAT ARE THE COMPETENCE OF MINISTRY

15. The permit is issued by the Ministry, if the request is submitted for a construction work in the areas of two or more local self-government units, as well as for complex building as provided in Article 60, paragraph 2 of the Law.

16. The same procedure is applied for issuing the construction permit in the Ministry, as the procedure that is conducted in local self-government units.

III – DEADLINES FOR ISSUING, CONTENT AND VALIDITY OF CONSTRUCTION PERMIT

17. Competent authority decides on issuing the construction permit latest in 15 days.

18. Construction permit is valid three years from the day of becoming executable.

19. Investor is obliged to announce the commencement of construction work to the closest urban planning-construction inspection latest in 8 days prior to construction commencement.

20. Construction permit contains information on investor, information about the building for which the construction permit is issued with the basic information about the use, dimensions and number of stories of the building, with the designation of the plot, the title of the main de-sign with the name of the legal entity with the license which developed the main design and the name of the principal designer, the report on revision of the technical documentation, the observation that the main design is an integral part of the construction permit, period of validity of the construction permit, as well as the obligation of the investor to report the beginning of carrying out of works to the competent urban planning and construction inspection eight days prior to the initiation of works. Main design is integral part of the construction permit and contains certification, signature and stamp of the authority competent for issuing that permit.

21. Investor can submit the request for amendments or changes to the exist-ing construction permit upon its issuance.

22. Reasons for amendments and changes are amendments and changes to technical documentation, main design, changes that impact position, purpose, construction, equipment, environment protection, stability, functionality, dimensions, as well as image of the building.

In partnership with International Finance Corporation (IFC) and the Kingdom of Sweden

Afisa_gradjevinske_dozvole_ENG.indd 1 04/29/14 3:19:49 PM

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INVESTORBUILDING < 400 m2

Request for construction permit:• Proof on property issues or construction right• Urban-technical conditions• Main design (3copies)• Technical documentation review• Proof of paid fees• Approval of main design (as per special legislation)

Also, if required:• Concession contract• Environment permit• Certifi cate of acknowledgement of main design

Request for Site Permit:• Urban-technical conditions (and experts clearance if there is no

implementing plan)• Copy of Cadastre Plan• Proof of legality of the building (existing)• Description of the builidingAlso, if required:• Confi rmation on the position of the building (as per special

legislation)• Decree on committment to conduct environment impact study• Project design and proof of property and construction right

INVESTOR OF ADIFFERENTBUILDING

DEPARTMENT FOR SPATIAL PLANNING

CONSTRUCTIONDEPARTMENT

Is the request complete?

YES

8 days

15 days

15 days

15 days

NO

INVESTORCOMPLETES

REQUEST

SITE PERMIT

Afisa_gradjevinske_dozvole_ENG.indd 2 04/29/14 3:19:56 PM