Before starting to build a house, it is absolutely necessary to complete all the necessary formalities. Without obtaining the necessary documents, we cannot proceed with any construction work! Unauthorized construction is associated with serious financial consequences!
Notary deed confirming the purchase of the plot of land
The plot purchase agreement must be in the form of a notarial deed. Having an appropriate legal title that confirms that the property is our property is necessary to report the construction of a house to the appropriate office. However, this is not all – before signing a contract – we should make sure that the seller has the appropriate legal title to the given property. It is also a good idea to make sure the property has access to a public road, and that there are no encumbrances etc.
Local spatial development plan (LSDP) or land development conditions (LDC)
The next step is to get acquainted with the local spatial development plan, if one is in place. It is necessary check whether it will enable us to build a house and whether a house in this area can look as you expect it to. The LSDP is available for review at the commune / municipal office, and in many cases also on its website. If the plot has the status of a building plot, an application for an excerpt from the spatial development plan should be submitted to the Architecture Department of the local Commune Office. You can wait for this document up to several working days, but in many cases it is possible to obtain it even on the same day.
If there is no LSDP for a given area, the options for a plot’s intended purpose are regulated by its land development conditions, i.e. the LDC. An application for a decision on land development conditions is also submitted to the Department of Architecture at the local commune office. Anyone (not necessarily the plot’s owner) may submit such an application. It should specify the type of investment and the characteristics of the development, as well as:
The most advantageous situation is when the seller of the land has already obtained development conditions for it, then, as the buyer, you can transfer this decision onto yourself.
The above documents include, among others, information such as as the allowed building area, the type and shape of the building body and its roof, as well as other requirements and guidelines determined by the local government.
The house’s architectural and construction design
If you already know the development conditions for a specific plot and have the relevant documents, you can proceed to choosing the house design. There are many interesting solutions available. You can, for example, decide to purchase a ready-made architectural design of a house. You can also order an individual design from an architect. The plot development plan must also be attached to the house’s architectural and construction design. Its purpose is to define, among other things, the building’s location, access roads, as well as greenery and other elements, e.g. wells and septic tanks. It is executed by an authorized surveyor on a map for design purposes in a scale of 1: 500.
House construction application
The final step to take in order to legally build a house is to submit a house construction application. The intention to build a house is reported to the Department of Architecture of the local County Office. The construction application specifies the type, scope and manner of performance of construction works, as well as the date of their commencement. The application must be accompanied by:
From the date of notification, the administrative authority has 30 days to raise any objection and request to supplement any missing details. This must be done within the prescribed period, as failure to comply with this request will result in the lodging of an objection.
In the event that the administrative authority does not raise an objection, we are dealing with a so-called “tacit consent.” Construction works can then begin. Before that, however, a stamped construction design and construction logbook should be collected from the local office. Construction of the house must commence within 3 years from the reporting the construction, after this time the “tacit consent” will become invalid.