Building permits regulate various types of building construction that are allowed in the community and ensure that they meet all building standards. The building permit process protects both the owner`s interests and those of the community at large. It also helps to ensure that any structural change is safe. Failure to obtain proper Building Permits can result in costly construction delays, legal action and/or the removal of work already completed.
The Planning and Building Law in Serbia (hereinafter referred to as PBL) sets up rules that must be followed in order to get a construction project completed. In addition to PBL, project stakeholders must also comply with a number of development plans, statutory requirements and various municipal practices.
In most cases a developer or his consultant will have to pursue three major steps in getting the corresponding permits/information, followed by a number of various implied compliances.
From a developer`s point of view, the permitting process starts with the application for the Site information (Informacija o lokaciji), pursuant to the article 53 of PBL. This document contains information on what can be built and which constrains are into effect in accordance to the corresponding urban plan. It should be highlighted that this information still refers to the cadastral parcels whilst the building site may still be unformed.
Given that the building site is duly formed, the Site permit (Lokacijska dozvola) is the following document a developer must apply for. It contains all data and conditions necessary for designing in compliance with the valid urban plan. The application must encompass information on the future building, its master plan, type and other specific features.
Pursuant to the article 110 of PBL, construction work can start upon the completed design and obtained Building permit (Građevinska dozvola). The Site permit must be enclosed within the application for the Building permit. The corresponding detailed design has to be completed in compliance with the rules of building stated in the Site permit.
This post sums up only a part of paperwork needed for commercial real estate development. PBL is an area of expertise on the borderland between public and private law, encompassing land use planning, consideration of building applications, building site requirements, buildings and infrastructure, reimbursement etc. Because of the complexity of the field, professional assistance is often essential for a successful outcome.
Oktopaz offers its professional assistance related to all phases of the real estate development in Belgrade and Serbia. If you need it, please, contact us!