From land to a use permit

Before the design documentation is prepared, the project brief should clearly define what is to be built, its intended use and the proposed scope and timetable. The purpose, size, capacity, method of use and any staged or phased construction affect the planning conditions, permits, connections, participants and overall cost.

Whether the land lies within a building area is the starting point. The initial review covers the land-use designation, development conditions, plot size and shape, road access, infrastructure, terrain and any protection regime. Ownership, encumbrances, easements, existing buildings and other rights affecting the project should be reviewed at the same time.

Initial assessment documentation

The initial phase combines legal, architectural, geodetic and technical analysis. The architect develops the project brief and assesses the planning potential, the authorised geodetic engineer establishes the site's location and boundaries, and the legal review covers title, the rights required to implement the project and the appropriate administrative procedure.

The result should be a clear plan of further steps: achievable scope of the project, necessary permits and previous procedures, relationships that need to be arranged and risks that may affect the deadline, cost or content of the project.

• land register extract and cadastral data
• a copy of the cadastral plan and data on land boundaries
• valid spatial plans and spatial data from the ISPU system
• existing permits, solutions and project documentation
• data on access and connection possibilities to the infrastructure
• data on cultural, natural, water and other protection
• available geodetic, geological and geotechnical surveys

Before the procedure begins, the review should identify the landowner, rights and encumbrances and any additional parcels needed for access, connections, protective corridors or execution of the works. It brings together the land register, cadastre, physical condition and the documents on which the investor relies.

Ownership is the most common, but not the only legal basis. Depending on the case, evidence of legal interest may include a building right (pravo građenja), an agreement or preliminary agreement for the acquisition of ownership or a building right, a competent authority's decision, a partnership agreement, the prescribed consent of the owner or another authorised body, or a specific statutory basis for infrastructure projects and property under a special regime.

For reconstruction, construction on co-owned property or a development covering several parcels, the necessary consents and their prescribed form should be identified in time. Special management and disposal rules apply to land owned by the Republic of Croatia or by local and regional authorities. Maritime domain (pomorsko dobro), public roads, public water resources and other property under a special regime require a legal basis provided by specific legislation.

Rights over third-party land

A building permit confirms that the statutory requirements for construction have been met. Ownership, other rights in rem and the right to take possession are governed by separate documents defining the scope and duration of the right, consideration, transferability and the consequences of abandoning or terminating the project.

Early resolution of succession issues, unregistered owners, complex co-ownership, pending land-register applications, mortgages, disputes and discrepancies between records protects continuity of design and access to the construction site. Before making a major investment, the investor should have a clear and enforceable legal basis covering the entire area required for construction and subsequent use of the building.

• the right of passage and transit
• the easement of laying and maintaining the infrastructure
• the right to carry out work or access for maintenance
• the right to use land for the organisation of the construction site
• approval for works on the existing building
• temporary use of space during construction

Simple buildings and works

Certain simple structures and works may be carried out without a building permit and without a main design, within the scope and subject to the conditions prescribed by the relevant ordinance. The spatial plan, professional standards, safety requirements and third-party rights continue to apply.

For certain works, no building permit is issued, but the works must follow the main design. Depending on the development, confirmations from public-law bodies, notification of commencement, professional supervision and a use permit may still be required. Design documentation and other expressly prescribed obligations therefore remain relevant.

Less complex buildings

The Building Act classifies residential buildings containing no more than two dwellings and up to 400 m² of gross floor area, and agricultural buildings of up to 600 m², as less complex buildings. Their building permit is issued on the basis of the conceptual design, while the main design is prepared before commencement of construction is notified.

Multi-unit residential and other buildings

For multi-unit residential, commercial, tourism, industrial, infrastructure and other buildings, a main design is generally prepared and a building permit obtained. The scope of the design, required certificates and competent authority depend on the type and significance of the building.

Projects requiring a location permit or additional procedures

A location permit is issued for infrastructure, energy, mining, maritime and other developments specified by law and in the other cases provided by the Spatial Planning Act. It determines the location requirements, scope, connections, phases or stages and other matters relevant to placing the development in space.

The project may also require procedures for the protection of the environment and nature, protection of cultural assets, water and maritime regime, public roads, fire protection, energy or other areas. The process map at the beginning of the project determines the necessary acts, their order, documentation and competent authorities.

The conceptual design shows the development's basic design, functional and technical solution and its position in space. For a less complex building it forms the basis for the building permit. For developments requiring a location permit, it presents the location requirements, scope, position of structures, connections, phases or stages and other spatially relevant solutions.

Location permit

The application is submitted electronically through the ePermit system, together with the conceptual design, its summary and the other prescribed documents. The competent authority examines compliance with the spatial plan and applicable legislation, while public-law bodies determine special and connection requirements where prescribed.

• the shape and size of the building plot or scope of the intervention
• purpose, size and location of the building
• the way of connection to traffic and other infrastructure
• phases and stages of implementation
• measures to protect space, environment and nature
• other conditions important for design and implementation

Subdivision and formation of a building plot

The initial cadastral parcel and the building plot required for the project often have different boundaries. A building parcel may be created by consolidating parcels, subdividing them or combining those processes.

The parceling of construction land is carried out in accordance with the location permit, urban or infrastructure project, decision on the determination of the building plot, building permit or act on the basis of which the building was built, spatial plan that graphically defines the plot or other act specified by law.

A licenced geodetic engineer prepares the subdivision study. The confirmation of its conformity and its implementation in the cadastre should be timed to coincide with the resolution of ownership relations, the development of the project and the notification of the start of construction.

Special conditions

Public-law bodies determine the special requirements falling within their respective areas of competence. These may concern fire protection, cultural property, nature and the environment, water, public health, roads, railways, electronic communications, energy infrastructure and other systems.

Connection conditions

The connection conditions determine the technical possibility and requirements for connecting the building to the traffic area, power grid, water supply, drainage, electronic communications and other necessary infrastructure. The possibility of connection is determined according to the available capacity, connection location, technical requirements and necessary works.

Obtaining the requirements

For an intervention with a location permit, the conditions are determined in that procedure on the basis of the conceptual design. For other buildings, the designer obtains the conditions before applying for building permit via ePermit. The legal term for their determination or suspension of the procedure is 30 days, and the conditions are generally valid for two years, except when another term is specified.

Once the main design has been prepared, the relevant public-law bodies issue certificates confirming compliance with special legislation and the requirements previously determined. The requirements state what the design must address, while the certificates verify that they have been incorporated correctly.

The effects of the conditions should be evaluated before the final design of the project and performance contracting. Additional works, connections, easements, use of public areas and relations with other land owners can significantly affect the cost and dynamics of the project.

The main project is a set of coordinated projects that provide a complete technical solution for the building and prove the performance of basic requirements and other prescribed conditions. Depending on the building, it includes architectural, construction, electrotechnical, mechanical and other projects, studies, calculations and evidence.

The lead designer coordinates the design team and is responsible for consistency between all parts, while each designer remains responsible for solutions within their discipline. A main design for a development requiring a location permit must comply with its location requirements; other main designs must comply with the spatial plan, special and connection requirements and technical regulations.

Specific regime for less complex buildings

A building permit for a less complex building is issued on the basis of the conceptual design. The main design is prepared after the permit, aligned with its location requirements and attached to the notification of commencement as the technical basis for construction.

Request for building permit

The investor submits the request electronically. Contributions depend on the building category and previous procedures.

• conceptual or main design, depending on the type of building
• proof of legal interest
• necessary certificates of public law bodies
• location permit when prescribed
• subdivision study when needed
• environmental- and nature-protection acts where applicable
• evidence of recognition of a design prepared under foreign regulations, where required
• other documents prescribed for a specific building

Verification by the competent authority

The authority verifies that the application is complete, the designers are duly authorised, the design complies with the spatial plan or location permit, the prescribed certificates have been obtained, access and connections are secured, any mandatory urban development plan exists and other statutory requirements are met. The parties may inspect the file and submit observations within the prescribed scope.

The conceptual or main design forms an integral part of the permit. During construction, the investor and contractor must comply with the permit, design and applicable conditions, and any significant change should be assessed before implementation.

Enforceability, validity and deadlines

As a rule, construction begins once the building permit is final. An investor may also commence on the basis of an enforceable permit at its own risk. That decision requires an assessment of how an appeal or administrative dispute (upravni spor) could affect the project and any works already performed.

A permit issued by the competent administrative authority ceases to be valid if commencement is not notified within six years after it becomes final. For a permit issued by the Ministry, the period is eight years.

The notification of commencement also starts the periods for completing the building's exterior and arranging the building plot: five years for a less complex building, seven years for other buildings and ten years for a building permitted by the Ministry. An amendment to the permit does not restart those periods.

Building plot and change of investor

Where the permit determines the shape and size of the building plot, the plot must be registered in the cadastre before construction. Subdivision, implementation of the geodetic study and alignment of the records should be completed before the planned notification of commencement.

Within 15 days of the change, the new investor must request an amendment to the building permit in respect of the investor's name or company and submit the prescribed evidence of legal interest.

Preparations before notifying the commencement of construction

The building permit sets the legal timeframe for implementation. Its deadlines should be coordinated with financing, procurement, contracts and site organisation.

• coordinated design documentation
• formed building plot where required
• contract with an authorised contractor
• contracted professional supervision and other necessary participants
• implementation project when prescribed or required
• staking work when needed
• regulated rights of access and use of land
• construction site organisation plan and use of public areas
• coordinated connections, financial plan and programme

The construction participants are the investor, designer, contractor, supervising engineer and design auditor. Each has a defined area of responsibility, and implementation depends on their professional qualifications, a clear allocation of tasks and timely communication.

Responsibilities of participants

According to the needs of the project, the project manager, chartered geodetic engineer, occupational safety coordinator, cost and legal advisor and other experts are involved. Professional supervision must remain independent in relation to the contractor.

• The investor defines the objective, secures financing, appoints the participants and organises implementation.
• The designer is responsible for professional solutions, and the chief designer is responsible for the completeness and mutual compatibility of the projects.
• The contractor organises the site and performs the works in accordance with the permit, designs, legislation and professional standards.
• The supervising engineer on behalf of the investor controls compliance, authorizations, staking, quality, tests and documentation.
• The auditor performs the prescribed control of the project within the scope of his authority.

Construction contract

The construction contract is concluded in writing. The contractor undertakes the execution of the works according to the project and within the agreed period, and the client pays the agreed price.

• subject, scope of works and priority order of contractual documents
• price, valuation, taxes and payment schedule
• advance payment, guarantees and security instruments
• term of introduction to work, intermediate terms and final term
• additional, subsequent and unforeseen works
• the procedure for approving changes and their impact on the price and deadline
• quality, testing and acceptance criteria
• responsibility for materials, equipment and subcontractors
• documentation, handover, defects and warranty periods
• contractual penalties, termination and method of dispute resolution

Special Usages in Construction (Posebne uzance o građenju)

The Special Usages in Construction regulate the relationship between the client and contractor, including commencement, deadlines, price, additional and unforeseen works, interim payment certificates, supervision and handover. The parties may exclude their application, so the contract should state the chosen regime clearly.

The contract, project, cost estimate and schedule should form a consistent construction management system. A written record of the request, price, impact on the deadline and approval of additional works significantly reduces the possibility of disputes.

The investor electronically reports the start of construction to the construction authority that issued the permit and to the construction inspection no later than five days before the planned start. According to the official interpretation of the Ministry, the application to the construction authority is submitted via ePermit, and to the construction inspection via a separate electronic route.

The notification contains information about the permit, contractor and supervising engineer. The setting-out report and evidence of a formed building plot are attached where required. For a less complex building and for works carried out without a permit on the basis of the main design, the prescribed design documentation is also attached.

The application date marks the start of construction and the beginning of the legal deadlines for the completion of the building.

Setting out the building and handing over the site

During setting out, the authorised geodetic engineer transfers the building's designed position to the site. Reliable boundaries and correct positioning safeguard required setbacks, building lines, connections and conformity of the completed works.

The statutory notification differs from contractual possession of the site being given to the contractor. The site-handover report should record access, permits and designs, the site's condition, setting out, temporary connections, commencement of contractual time limits and any identified obstacles.

Arrangement of the construction site

The orderly opening of the construction site creates a reliable starting point for monitoring deadlines, costs, performed works and participant responsibilities.

• insurance, fencing and prescribed construction site plate
• temporary access and protection of neighboring properties
• temporary connections and organisation of work surfaces
• safety at work and execution plan
• disposal of excavation and construction waste
• use of public areas and local time limits for works

During construction, performance quality, deadlines, costs and evidence of compliance are simultaneously managed. Properly maintained documentation facilitates the technical inspection, handover and subsequent maintenance of the building.

The contractor performs the works in accordance with the building permit, main and execution designs, legislation and professional standards. Ambiguities, unforeseen circumstances and deviations should be recorded and referred to the designer, supervising engineer and investor before a modified solution is implemented.

Expert supervision and construction diary

The supervising engineer checks the contractor's authorisations, setting out, compliance of the works, properties of installed products, tests, work about to be concealed and maintenance of the construction diary. Where several disciplines are involved, the chief supervising engineer coordinates their work.

The electronic construction diary chronologically tracks the execution from start to finish. It contains the progress of works, instructions, inspections, tests, defects, interruptions, unforeseen circumstances and other events important for quality, deadlines and responsibility.

Documentation on the construction site

It is useful to keep the documentation in a single electronic archive according to professions, contractors and phases. Quality control is specifically planned for reinforcement, waterproofing, foundations, installations and other parts that are covered during the continuation of the works.

• building permit and the main and execution designs
• contracts and appointments of responsible persons
• construction diary and staking report
• evidence of product properties and equipment conformity
• results of tests, measurements and control procedures
• records of inspections of overlapping works
• waste documents, geodetic data, records and approvals

Deadlines, costs and final file

A supervising engineer's technical certification and the contractor's contractual entitlement to payment are separate matters. Price and time are determined under the contract, bill of quantities and change-control procedure. Each additional work item should record the reason, technical solution, price, time effect and investor approval.

Documents required for the use permit should be collected throughout construction, including final supervision reports, contractor statements, quality evidence, test results, geodetic documents, waste records and the maintenance programme.

Allowed deviations

Deviation from the project is possible within the limits of the rules of the profession while maintaining compliance with the location conditions and basic requirements for the building.

For buildings, the permitted deviation in overall external dimensions is generally no more than 0.30 metres. That tolerance does not apply to a mandatory building line or the minimum setback from a plot boundary, and stricter rules apply to protected cultural property. It concerns external dimensions only and does not extend to other location conditions such as use, floor plan, position or connections.

Modification or amendment of the permit

Modification of building permit is required when the change alters compliance with site conditions or affects fundamental building requirements. The assessment is carried out jointly by the responsible designer and supervising engineer, along with designers from all affected professions.

A change affecting a basic requirement, other than fire safety, while preserving the location conditions may, subject to the statutory requirements, be carried out on the basis of an amended main design at the investor's risk. The building permit should then be amended before the application for a use permit. Changes affecting fire safety or location conditions require prior approval.

In the change process, only the conditions, connection conditions and certificates affected by the change are obtained again. If the project had location permit, the change of its conditions precedes the change of building permit.

Formal change management

Before completion, the as-built condition should be compared with the valid permit and all approved changes. The design documentation, contractor's statements, supervision reports and geodetic survey must describe the same condition.

1. Describe the reason and content of the change and present the existing and proposed solution.
2. Obtain the opinion of the responsible designer and the verification of other design professions.
3. Evaluate the impact on location conditions, basic requirements, cost and deadline.
4. Make the investor's decision and create the necessary project documentation.
5. Obtain the appropriate permit amendment and record the change in the construction diary.
6. Submit the approved documentation to the contractor and supervising engineers.

Completion of the physical works is only one part of project close-out. Before applying for a use permit, the documentation should be finalised, the as-built condition verified, all tests completed and the site made orderly and safe. Evidence concerning structural elements, installations and other concealed work should be collected during construction.

Final check and documentation

Temporary buildings, equipment, remaining material and waste should be removed, and the construction site and approaches should be arranged for safe use.

• compliance of the constructed building with the permit and projects
• all changes implemented and approved
• position, external dimensions, purpose and connections according to location conditions
• evidence of products, equipment, measurements and tests
• statements of contractors and final reports of supervising engineers
• maintenance programme, energy certificate where required and waste records
• as-built geodetic survey or corresponding report

Technical inspection

The technical inspection determines whether the building complies with the building permit and main design, particularly the fundamental requirements, location and other applicable conditions. For a less complex building, the inspection focuses on its use, maximum external dimensions, building elements and position as approved by the building permit and conceptual design.

The competent authority conducts the inspection. Depending on the building, the investor, construction participants, public-law bodies and, where necessary, independent experts take part. The investor provides access to the building and documentation, and an inspection report records the findings.

Where a deficiency can be remedied within the existing permit and design, a rectification period of no more than 90 days is set. A change to the technical solution may require amendment of both the design and permit. For buildings whose properties must be confirmed during operation, trial operation is carried out under the programme in the main design.

A use permit confirms that the building was constructed in accordance with the building permit and satisfies the requirements for use. Use or commissioning begins after the permit is issued, except in specific cases provided by law. Regulated activities may require additional sector-specific approvals.

The investor or owner submits the application electronically to the authority that issued the building permit. A complete application and final project file allow the technical inspection to be scheduled and the application decided.

Conditions and approved purpose

After the technical inspection, the permit is issued when the prescribed documents are attached, the building corresponds to the permit, the applicable requirements are met, the connections are made, and the construction site and approaches are arranged. If the conditions are met, the authority issues the permit within eight days of the technical inspection.

The building is used in accordance with the approved purpose. The planned change of use of the premises requires verification of the spatial plan, the content of the existing permit, the technical conditions of the activity and the necessary administrative procedure.

Temporary permit and part of complex construction

A temporary use permit may be issued in cases specified by law, for example while final results of particular tests are pending, for a maximum of 90 days. For a building of interest to the Republic of Croatia, it may also be issued while the building plot is being formed, for a specifically determined period.

An independent part of a complex building may receive a use permit before the entire project is completed where it is required for the continuation of construction or forms an independent technical and technological unit. The main design must provide for that possibility.

Handover and maintenance

The use-permit procedure should be coordinated with technical and contractual handover. The investor should receive the final documentation, maintenance instructions, guarantees, test reports, technical records and a schedule of defects with rectification deadlines.

From the beginning of use, the owner is responsible for maintaining the building and preserving its required characteristics. The maintenance programme should be converted into a schedule of inspections, servicing, tests and records.

After the use permit is issued, the completed building is entered in the cadastre and land register. The cadastre records the location, shape, area and manner of land use and data on buildings, while the land register authoritatively records ownership and other registered rights.

Geodetic documentation and cadastre

A licensed geodetic engineer prepares an as-built geodetic survey, study or other appropriate document. It shows the building's position and footprint, relationship to the parcel, boundary points, changes in land use and the other data required for registration.

The construction authority submits the enforceable use permit and geodetic documents electronically to the cadastral office. The investor may also file an application. The cadastral entry records the physical condition, while lawful use is evidenced by the attached use permit or another appropriate act.

Implementation in the land register

The cadastral office ex officio delivers the documents for the registration of the building to the land register court. The court registers the building in the property register and notes the attached use permit. If the permit is not attached, the note shows that the usability of the building has not been proven.

Registration of construction and registration of title are two different procedures. Ownership and other real rights are regulated by appropriate documents and land register entries, especially in the case of co-ownership, building rights, change of investor, multiple parcels or encumbrances.

Condominium ownership and final control

For a building containing several independent units, condominium ownership is established by a separate land-register entry based on the appropriate technical and legal documentation. Before that process, the data concerning the building, parcel, owners, floor areas and individual units should be aligned.

• a copy of the cadastral plan
• title deed or other cadastral extract
• land register extract
• use permit
• confirmed geodetic study

Initial local check

The initial step is to identify the cadastral parcel and municipality, land-register folio, local authority and competent administrative body. Cadastral and land-register data are compared through the Organised Land (Uređena zemlja) system.

Geoportal ISPU, local browsers and officially published plans are used for spatial verification. The cartographic presentation is read together with the provisions for implementation and any changes to the plan. Plans in development can be important for future development and investment timing.

VidiPlan and the competent authorities in Primorje-Gorski Kotar County

VidiPlan enables the search of a parcel, the identification of spatial plans and the review of their textual and graphic parts. The PratiPlan service serves to monitor plans in the making and public discussions. The final analysis is based on the officially published content of the plan and other relevant acts.

For the City of Rijeka, procedures are handled by the competent city department. Elsewhere in the county, the Primorje-Gorski Kotar County administrative department operates through its central and regional offices. The office with territorial jurisdiction should be verified by reference to the parcel's location on the authority's official website.

• protected coastal area and maritime domain (pomorsko dobro)
• water protection areas, natural and cultural protection
• slope, stability and geotechnical conditions of the terrain
• legally and technically appropriate approach
• water supply, drainage and power grid
• the obligation to adopt an urban development plan

County of Istria

For Istria, in addition to the ISPU Geoportal, the register of plans of the Institute for Spatial Planning of the County of Istria and the official website of the city or municipality are used. Jurisdiction is divided between the county administrative department and the city bodies that perform entrusted tasks, so before submitting the request, it is checked which body handles the case according to the location of the plot.

• construction regime in the coastal area and maritime domain (pomorsko dobro)
• separated areas of tourist or economic use
• agricultural and forest land
• cultural heritage, archaeological zones and historical settlements
• water protection areas, drainage and infrastructure
• access to the public traffic area and plan of the narrower area

Recommended local sequence

1. Compare the cadastre, land register and physical condition on site.
2. Determine valid plans and review plans under construction.
3. Analyze textual and graphic conditions of construction.
4. Determine the competent authority according to the location of the parcel.
5. Check access, connections and special protection regimes.
6. Conduct geodetic and, if necessary, geotechnical verification.
7. Get location information or professional clarification when in doubt.
8. Define the project brief and investment on the basis of verified conditions.

Before buying land

• identify the parcel, cadastral municipality and land-register folio
• check ownership, encumbrances, pending applications and the situation on the ground
• determine spatial plans, purpose and construction conditions
• check access, connections and special modes
• assess subdivision, contributions, connections and land preparation
• align the findings with the purpose and scale of the project

Before designing and building permit

• define the project brief, procedure and competent authority
• hire designers, surveyors and the necessary experts
• carry out investigative work and obtain conditions
• coordinate all project professions and legal interests of investors
• obtain certificates and check the completeness of the documentation
• submit an application via ePermit and track the delivery

Before and during construction

• check the permit status and form a parcel when prescribed
• contract the contractor, professional supervision and necessary participants
• prepare the implementation project and the staking study
• report the start at least five days in advance
• organise the construction site and open the construction diary
• monitor quality, deadlines, costs, documentation and changes

Completion and use

• complete works, tests and geodetic documentation
• remedy defects and align the as-built condition with the approved documentation
• compile the final project file and restore the construction site
• complete the technical inspection and obtain a use permit
• perform the handover and receive guarantees and instructions
• register the building and organise maintenance