In order to obtain information about the intended purpose of space and requirements for project implementation from spatial plans on certain land, you have to submit a request to the competent office for issuing of location information. The competent office shall issue the location information within eight days from the date of submission of the request. An excerpt from the cadastral plan or a copy thereof shall be enclosed to the request.
Implementation of projects or drafting of designs prescribed by special laws cannot be commenced based on location information.
A location permit is issued for:
- exploitation fields, construction of mining facilities and installations which are used for performing mining activities, hydrocarbon storage and permanent disposal of gases in geological structures,
- determining new military locations and military construction works,
- projects which pursuant to special building regulations are not considered to be construction,
- stage and/or phase construction of a construction work,
- construction on land or building for which the investor has not regulated legal property relations or for which it is necessary to implement the expropriation procedure.
Issuing a location permit is initiated on the basis of the application of an interested party with enclosed:
- three copies of the conceptual design,
- the designer’s statement that the conceptual design was developed in accordance with the spatial plan,
- special requirements and/or evidence that an application for determining special requirements was submitted, if they were not determined in the period prescribed in this Act,
- for the issuance of such certificates or determining such requirements, if they were not issued in the period prescribed in this Act
- decision on the environmental acceptability of the project, if the project is under special regulations subject to the procedure of environmental impact assessment and/or appropriate assessment of the impact of a project on the ecological network,
- certificate on validation of the conceptual design, if the project was developed according to foreign regulations.
In the case of a building/construction work for which a location permit shall be obtained, a conceptual design has to be developed.
The surveying design shall be an integral part of the conceptual design for a location permit, which establishes the forming of a building plot or position of one or more construction works on the building plot. The surveying design shall be developed as a separate part of the conceptual design.
Notification on special requirements
As an interested party you may request notification from the administrative body or the Ministry regarding the public bodies from which it will be necessary to obtain special requirements for a specific project on a specific location, and information on the manner of implementation of specific provisions of the Physical Planning Act and/or spatial plan. The request for notification on special requirements for a specific project shall be accompanied by a copy of the cadastral plan and the description and presentation of the project planned to be implemented. The notification on special requirements shall be issued within eight days from the day of submitting the request. Special requirements shall be determined upon request, prior to initiating the procedure, or during the procedure for issuing the location permit.
The public law body shall determine special requirements or reject the application by means of decision, within fifteen days from receipt of an orderly application. It shall be considered that no special requirements exist and that the construction work may be connected to infrastructure, if the public law body, within that period fails to deliver the special requirements or a decision on rejecting the determination of special requirements. If the special requirements cannot be determined, the public law body shall reject the application of the interested party by means of a decision.
If it is necessary to align the conceptual design with the special requirements, the interested party will be invited to do that within an appropriate period, and if the interested party fails to do so, issuance of the location permits will be rejected.
The interested party shall have the right to appeal against the decision of the public law body rejecting the determination of special requirements, i.e., shall have the right to initiate an administrative dispute if the decision was issued by the central state administration body. The decision on the appeal shall be issued within thirty days from submitting the appeal.
Requirements for issuing the location permit
In the location permitt issuing procedure it is established that:
- the application for issuing the location permit was accompanied with the prescribed documents,
- all special requirements were determined,
- the urban development plan has been adopted, provided that the permit is issued in the area where this Act prescribes the obligation of its adoption (except for the construction of replacement construction works and the reconstruction of existing construction works),
- it is possible to connect the building plot or the building to open areas, or the building permit for the construction of open areas has been issued (for new construction works),
- it is possible to connect the building to the public waste water drainage system, if the spatial plan does not allow the connection to its own drainage system (for new construction works), and
- it is possible to connect the building to a low-voltage electrical network or, in the case of buildings in which the use of such a system is designed, the building has an autonomous electricity supply system (for new construction works).
Thereupon the parties in the procedure are invited to access the file in order to provide an opinion.
Amendments to the location permit
The executable or final and effective location permit may be amended, repealed and/or annulled upon request of the investor.
Decision on amendments to the location permit shall be adopted in accordance with the spatial plan in accordance with which the location permit was issued or in accordance with the spatial plan which is in force at the time of adopting the decision if it is so requested by the applicant or the investor. Only those special requirements which may be affected by the amendments shall be obtained in the procedure for adopting the decision on the amendments to the location permit.
Validity of the location permit
The location permit will cease to be valid if within two years from the day the location
permit became final and effective:
- the application for issuing the concession was not submitted,
- the application for adoption of the decision on expropriation was not submitted,
- the proposal for adopting the decision on servitudes or the right to construction on land owned by the Republic of Croatia was not submitted,
- the application for issuance of the building permit was not submitted, or
- the implementation of the project for which the official act for construction is not issued has not started.
Validity of the location permit shall be extended once upon the request of the applicant or investor for two additional years, provided that the requirements have not changed which were determined in accordance with the provisions of this Act and other requirements in accordance with which the location permit was issued.