AIM OF THE NEW Law on Spatial Planning and Construction Simplification of procedure of issue of construction approval Approximation of this field to the legislation of adjacent countries and EU legislation
simpler procedures and actions for permit issue, shorter deadlines in permit issue procedure, reduction of number of steps, improvement of procedure and adjustment to modern means of labor and digitalization, introduction of new planning methods, reduction of costs and fees for permits etc.
First instance decision making, when set forth by the Law (Article 50, paragraph 2, and Article 80, paragraph 2), Second instance decision making upon lodged appeals against first instance decision of the responsible body of local self-governance unit, Administrative supervision, Preparation or adoption of regulations governing this field and supervision of their application
OLD LAW ON SPATIAL PLANNING � Numerous approvals of IN CONSTRUCTION utility and other public APPROVAL THERE WERE: companies, Two administrative procedures: � Participation of neighbors in the Issue of town planning procedure of issue of approval town planning Issue of construction approval... approval
NEW LAW ON SPATIAL PLANNING AND CONSTRUCTION CONSTRUCTION APPROVAL IS PRECEDED BY (Article 81 of the � Drawback: Law) Conducting of Issue of location administrative procedure requirements as an expert and participation of technical document neighbors in the procedure setting requirements for of issue of construction design and construction approval, i.e. once the Decision on level of fee for investor is in an advanced construction land stage of investment.... development and rent
NEW LAW ON SPATIAL PLANNING AND CONSTRUCTION � Benefits: � Town planning approval is abolished, and procedure of issue of construction approval is preceded by obtaining of LOCATION REQUIREMENTS
SPATIAL PLANNING DOCUMENTS � REPUBLIC � LOCAL SELF-GOVERNANCE Republic Spatial UNITS Development Strategy , Joint spatial plan for two or Strategy of Spatial more local self-governance Development of Republic units Spatial plan of a self- Special Purpose Areas, governance unit , Republic Spatial Plan, Spatial Plan of Republic General plan, Special Purpose Areas, Zoning plan, Implementing plans for Regulatory plan, Republic special purpose Urban construction project, areas... Parcellation plan
LOCATION REQUIREMENTS � Expert technical document setting forth requirements for design and construction (Article 49 of the Law), � Instruction on Form, Contents and Manner of Issue of Location Requirements (RS Off. Gazette no. 134/10), � Grounds for preparation of location requirements: zoning plan, regulatory plan, urban construction project, parcellation plan, � If spatial planning documents have not been passed: - Based on expert opinion of a legal person authorized to prepare spatial planning documentation, - Exceptionally, expert opinion is prepared by a committee appointed by responsible body of the local self-governance unit
WHAT IS ACHIEVED One administrative procedure is abolished, no appeal procedure except when request is unacceptable because requested construction is not in accordance with the expert opinion...... Significant savings of time for investors, � Rights of neighbors and other interested parties are not jeopardized - they are enabled to take part in the procedure of issue of construction approval....
APPROVALS FOR CONSTRUCTION PERMIT � Obtained only when location requirements are issued based on expert opinion of a legal person authorized to prepare spatial planning documentation, in the absence of an implementing planning document
APPROVAL BY UTILITY AND PUBLIC COMPANIES (ARTICLE 53, PARAGRAPHS 7 AND 8) � If location requirements are issued based on expert opinion of authorized institution, and approval or opinion by utility or other public companies is not submitted within 15 days from the day of receipt of request, it is considered that there are no particular requirements, and location requirements are issued based on the situation in the field, � A public or utility company IS NOT entitled to set additional requirements for construction of connections to the infrastructure they manage following the issue of location requirements.
ACCURATENESS � This requires accurateness and timely action by responsible utility companies, which affords savings in time during the procedure of issue of construction approval.
BENEFITS OF THE NEW LAW � Possibility of construction of certain facilities without obtaining of construction approvals /facilities are listed in Article 78 of the Law/ � Prior to initiation of works on such facilities, the investor must provide location requirements and minutes of facility staking out and pay rent and fee for land development
BENEFITS OF THE NEW LAW � Construction of individual housing units and housing and business buildings of gross construction area up to 400m2 – does not require review of technical documentation – the procedure of issue of construction approval is significantly shorter and simpler
BENEFITS OF THE NEW LAW � For the purpose of issue of construction approval, evidence of resolved property ownership is considered the following: - Land registry excerpt, - Contract or decision by responsible body enabling acquisition of right of ownership or right to construction, - Contract on joint construction concluded with the owner of land or immovable property
Construction approval may be issued also based on preliminary design (Article 87 of the Law) � For facilities mentioned in Article 50, paragraph 2, investor may obtain construction approval also based on a preliminary design upon attaching of documentation listed in paragraph 2 of Article 87. � Based on this construction approval, preparatory works may be carried out as well as other works included in the preliminary design
� TOWN PLANNING AND CONSTRUCTION INSPECTOR IS AUTHORIZED TO: (Article 107, paragraph 1, items đ, e, ž, z... ) � Order demolition of facility or parts thereof, or removal of completed works and restoration of the original state in investor’s field, if they establish that construction or works have been or are being carried out without construction approval, � Order demolition and removal of completed works and restoration of the original state in the field, when they establish that the works are being carried out contrary to the issued approval or location requirements, � Order demolition and removal........
ILLEGAL CONSTRUCTION � NO POSSIBILITY FOR SUBSEQUENT FACILITY LEGALIZATION, � FACILITIES BUILT BEFORE THE FIRST AERO- PHOTOGRAMMETRIC SURVEY ARE CONSIDERED LEGALLY BUILT
ILLEGAL CONSTRUCTION (ARTICLE 125) � WITHIN THE PRESCRIBED PERIOD, LOCAL COMMUNITIES MUST ADOPT DECISION ON THE STATUS OF ILLEGALLY BUILT FACILITIES AND ALLOW INVESTORS OF SUCH FACILITIES TO FILE LEGALIZATION REQUESTS � UPON EXPIRATION OF THE PRESCRIBED PERIOD, THE ILLEGAL BUILDERS MAY NOT LEGALIZE THE ILLEGALLY BUILT FACILITY
SINGLE SPATIAL INFORMATION SYSTEM � COLLECTING, RATIONAL USE AND PROCESSING OF DATA IMPORTANT FOR SPATIAL PLANNING, DEVELOPMENT, USE AND PROTECTION OF SPACE
SINGLE SPATIAL INFORMATION SYSTEM SINGLE RECORDS WHICH INCLUDE : Data about the Republic of Srpska spatial planning documents, Data about spatial planning documents of cities and municipalities, Land cadaster excerpts, Satellite images of the territory of the Republic and aero-photogrammetric images, Statistical, cartographical, analytical and planning data
SINGLE SPATIAL INFORMATION SYSTEM Data about: infrastructure, economic resources, construction land, built and natural heritage, areas at risk (landslides, flood areas), environmental hazard
SINGLE SPATIAL INFORMATION SYSTEM human resources and institutions in the field of spatial planning other information important for spatial planning of the Republic and for keeping and maintenance of a single spatial information system
BENEFITS OF THE SINGLE SPATIAL INFORMATION SYSTEM � Simplified procedure � Shorter duration � Reduced costs
LOCAL SELF-GOVERNANCE UNITS MUST ADOPT: (ARTICLE 121 OF THE LAW) � Spatial plans, within two years from the date of entry into force of this Law, � Town planning and zoning plans, not later than two years after the date of adoption of the spatial plan � If they already have valid urban construction plans, within one year from the date of zoning plan for urban area, � Spatial planning documents adopted before entry into force of this Law shall be applied pending adoption of the new documents, and not later than the expiration of deadlines set forth in Article 121 of the Law
SUBORDINATE LEGISLATION (ARTICLE 124 OF THE LAW) Instruction on Form, Contents and Manner of Issue of Location Requirements (Official Gazette of the Republic of Srpska 91/10), � Rulebook on Passing of Professional Exam for Persons Taking Part in Preparation of Spatial Planning Documents, Technical Documentation and Facility Construction (Official Gazette of the Republic of Srpska 47/11), Rulebook on Preparation and Passing of Spatial Planning Documents under Shortened Procedure (Official Gazette of the Republic of Srpska 132/10), � Rulebook on Selection and Work of the Members of Committee for Issue of Expert Opinion (Official Gazette of the Republic of Srpska no. 104/10),
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