Concessions on maritime domain (pomorsko dobro): a guide for concessionaires

A concession is required when the project includes longer-term economic use of a certain part of maritime domain (pomorsko dobro), especially when it involves investments, construction, use of existing buildings or restriction of the general use of space.

Special purpose ports, nautical anchorages and moorings, beaches, catering and other service activities, interventions related to the capture of the sea, energy and aquaculture, and the construction and use of economic, infrastructural and other buildings can be arranged with the concession, among other things.

Concession or permit on Croatian maritime domain (pomorsko dobro)

For smaller-scale activities, a permit on maritime domain (pomorsko dobro) may be sufficient. It is intended for activities that are performed without restricting general use and with the use of simple buildings that are not considered buildings according to building regulations.

The permit, depending on the area, is granted by the city or municipality, the public institution that manages the protected part of nature, or the competent port authority. The permit is the legal basis only for activities that correspond to that regime in terms of content and scope.

The actual content of the project is authoritative. Duration, investment, way of using the space, impact on general use and the need for construction determine whether the project should go through the process of granting a concession.

Initial check

• whether the location lies within the established boundary of maritime domain (pomorsko dobro)
• whether maritime domain (pomorsko dobro) is recorded in the cadastre and land register
• whether the location is within the port open to public traffic
• whether the spatial plan allows the intended activity and construction
• whether the project includes existing or new buildings
• to what extent the project will affect the general use of the space
• which authority is responsible for granting the concession

Outside ports open to public traffic

• The Government of the Republic of Croatia grants concessions for projects of interest and significance for the Republic of Croatia and for natural areas protected by the Croatian Parliament. As a rule, the concession can be granted for up to 50 years, and for particularly justified investments in new buildings for a longer period with the prior consent of the Croatian Parliament.
• The county grants concessions for projects of regional significance and concessions in other protected areas of nature. The decision is made by the county assembly, and the concession can last up to 20 years.
• A city or municipality can grant concessions when the county assembly, at its request, entrusts it with the authority for some or all concessions in its territory. The decision is then made by the city or municipal council.

Within a port open to public traffic

The grantor of the concession is the competent port authority, and the decision is made by its administrative council. This applies to state ports of particular economic interest and to ports of county and local importance.

A concession covering the construction of port infrastructure or superstructure can be granted for up to 30 years. When the project does not require the construction of superstructures, the concession can be granted for up to ten years. For large investments that cannot be amortized in that period, a term of up to 50 years is possible, with the prior consent of the minister.

A concession for a project within a particular city or municipality may be granted by the county, the Government or a port authority, depending on the boundary of the port area, the significance of the project and the activity concerned. The competent grantor should therefore be identified before detailed investment documentation is prepared.

Preparatory actions can be initiated by the competent authority on its own initiative or on the basis of an expression of interest from an interested business entity. The expression of interest allows the investor to present the project before the procedure is announced and request its consideration for inclusion in the concession granting plan.

Content of the expression of interest

The competent authority checks the project's compliance with the spatial plan and the concession plan, together with the status of the maritime-domain boundary and the land-register records. It may request supplementary documents or further expert clarification.

An expression of interest may lead to consideration of the project and its possible inclusion in the annual or medium-term plan. As a rule, the concession is then awarded through a public tender in which all bidders participate on equal terms.

• precise description and location of the project
• proposed coverage of the concession area
• activities that would be performed
• information on whether the project includes the construction or use of existing buildings
• compliance with the spatial plan
• indicative value and investment dynamics
• expected economic and financial effects
• the planned duration of the concession
• impact of the project on general use and protection of maritime domain (pomorsko dobro)

Exceptionally: concession on request

In the exhaustively defined cases provided by law, a concession may be granted at the request of a business entity. These include cases where part of the maritime domain is required to implement an existing concession granted under special legislation, certain developed public beaches connected with a hotel, campsite or tourist resort, certain temporary pontoon moorings, an industrial or fishing port connected with a single facility, a traditional shipyard and a sports port within the elite-sport system.

The request is accompanied by an economic justification study with a proposal for concession fees, investments in the project and environmental protection, as well as a business and financial plan. The competent authority evaluates the request and can accept it in full or partially or reject it with reasons. For a public landscaped beach and a temporary pontoon mooring in cases specified by law, the concession term is a maximum of five years.

A concession without the right to build is applied when the planned activity can be carried out by using the existing space and buildings or by carrying out interventions that are not considered construction according to the building regulations.

Depending on the location and spatial plan, such a concession may cover commercial use of a beach, an existing hospitality or beach facility, an anchorage, a mooring, an aquaculture area or another regulated part of maritime domain.

The concessionaire acquires the right to use only the area, buildings and equipment covered by the decision and the concession agreement.

What to check before bidding

• the exact land and sea border of the concession
• legal status and legality of existing buildings
• list of buildings, devices and equipment that are handed over for use
• their technical condition and required investments
• permitted activities and period of work
• access to the location and the possibility of connection to the infrastructure
• maintenance, arrangement and environmental protection obligations
• restrictions associated with the general use of maritime domain (pomorsko dobro)

A concession without construction may still require considerable investment in furnishing, maintenance and landscaping. The tender documentation and the contract should clearly distinguish between regular maintenance, equipment replacement and permitted interventions from works that represent construction and require additional documents.

The duration is determined according to the activity, investments and the time required for their return. A concession for a natural sea beach can last a maximum of five years, while in a port open to public traffic, a concession without the construction of superstructures can be granted for up to ten years.

A concession involving construction authorises the construction of new structures or reconstruction of existing structures on maritime domain and their economic use during the concession term. Examples include special-purpose ports, moorings, beach and hospitality facilities, maritime services and other infrastructure or commercial projects.

The project must comply with the spatial plan. Where it includes a spatial intervention, the concession grantor must secure a location permit before the award procedure is published, either directly or through an interested entity authorised following a public call.

Location and building permits

Authorisation to obtain the location permit gives no priority in the concession-award procedure. If the authorised entity submits a bid but another bidder is selected, the selected concessionaire reimburses the actual cost of obtaining the location permit, up to 3% of the estimated investment value. An authorised entity that does not submit a bid is not entitled to reimbursement.

Once a concession agreement conferring the right to build has been concluded, it serves as evidence of legal interest for a building permit. The concessionaire then obtains the building permit and other necessary acts and performs the works in accordance with the location permit, design documentation, concession decision and agreement.

Investment check

The value and timing of the investment become contractual obligations of the concessionaire. The concession term should allow amortisation of the investment's real value and a reasonable return on capital, taking account of the project's costs and risks.

• permitted scope and purpose of intervention
• content of location permit and feasibility of the project
• environmental, conservation and other special conditions
• value, phases and terms of investment
• infrastructure connection conditions
• deadline for completion of construction and start of activities
• guarantees for the execution of investment obligations
• the period required to return the investment
• the legal fate of the constructed buildings after the termination of the concession

As a rule, the concession on maritime domain (pomorsko dobro) is awarded through public bidding. The notice is published in the Electronic Bulletin of Public Procurement of the Republic of Croatia, and then on the website of the concession grantor.

The tender documents define the subject and area of the concession, permitted activities, duration, initial concession fee, investment obligations, eligibility requirements, required guarantees and criteria for selecting the most economically advantageous bid.

Bidder eligibility

• registration for the activity that is the subject of the concession
• settled obligations from earlier concessions
• proper status with regard to previous use of maritime domain (pomorsko dobro) and resulting damage
• required legal, financial, technical and professional ability
• compliance with the requirements of the tender documents and concession legislation

Economic feasibility study

The proposed fee, investment value, deadlines and other elements of the selected bid form the basis of the concession decision and agreement. A viable bid balances tender scoring with the bidder's realistic ability to perform the resulting obligations.

• compliance of the study with spatial and project documentation
• the reality of revenue and cost projections
• fixed and variable part of the concession fee
• terms and stages of investment
• costs of maintaining and protecting maritime domain (pomorsko dobro)
• bank and other guarantees
• evidence of financial and technical ability
• complete forms, statements and attachments

The right to use maritime domain commercially is acquired by entering into a concession agreement. The concession decision sets the basic terms, while the agreement governs the rights and obligations of the grantor and concessionaire in detail.

What to check before signing

• boundary and area of the concession
• permitted activities and way of using the space
• the duration of the concession and the start of the term
• the amount and method of calculating the concession fee
• value, phases and terms of investment
• construction, maintenance and furnishing obligations
• insurance instruments
• method of reporting and implementation of supervision
• conditions for amendment, early termination and expiry of the concession agreement
• obligations when handing over the area after the termination of the concession

Concession fee and business records

As a rule, the annual concession fee consists of a fixed and a variable part. The fixed part is calculated by reference to the land and sea area covered by the concession, and the variable part by reference to revenue generated from activities within that area. Where justified by the grantor's feasibility study, the fee may consist of a fixed part only.

The concessionaire should maintain business records that allow revenue, investment and other concession-related indicators to be determined clearly. This is particularly important where several related activities are carried out at the same location or by the same company.

Ongoing compliance

At the beginning of the concession, it is useful to draw up a record of taking over the area, buildings and equipment, along with photos and a description of their condition. The documentation facilitates the delineation of the initial state from later obligations and the final handover of the area.

• use of the area for agreed purposes and within established limits
• timely execution of investments and maintenance of buildings and equipment
• regular payment of the concession fee
• implementation of environmental and safety measures
• delivery of contracted reports and enabling supervision
• maintaining the necessary insurance and guarantees

Amendment of the concession agreement

The concessionaire may request an amendment to the concession agreement in the cases specified by law, for example where a spatial-plan amendment changes the project scope or an investment becomes necessary because of force majeure or mandatory adaptation to new regulatory or technological requirements.

The request must be reasoned and supported by a study demonstrating the economic justification for the amendment. The grantor decides whether to approve it, and under the Concessions Act the value of the amendment may not exceed 50% of the concession's original estimated value. Amendments to county and local concessions require the prior approval of the Government of the Republic of Croatia.

Subconcession and secondary activities

A subconcession allows a third party to build and perform activities connected with the concession's principal activity within part of the area. It must be envisaged in the grantor's feasibility study, tender documents, concession decision and agreement, and requires the grantor's prior consent. The concessionaire remains responsible for the principal activity.

Ancillary service activities not requiring construction may be entrusted to another company or sole trader under a business-cooperation agreement. The agreement takes effect once approved by the competent authority, and the business partner must satisfy the prescribed requirements.

Financing and security interests

With the grantor's consent, a security interest may be created over the concession in favour of a financial institution to secure a loan used to implement the concession agreement. It is created by entry in the Register of Concessions, and only one such security interest may exist over a concession.

If the secured obligation falls due and remains unpaid, the financial institution may propose that the concession be transferred to it or to another person meeting the requirements for a concessionaire. The transfer is implemented by the grantor's decision and the corresponding agreement.

A concession usually expires at the end of the agreed term. It may also end because of public interest, unilateral termination for breach, cessation of the concessionaire, a court decision or another ground provided by law or the concession agreement.

Risks of unilateral termination

Before unilateral termination, the grantor must notify the concessionaire in writing, allow it to respond and set an appropriate period for remedying the breach. In the event of termination in the public interest, the concessionaire is entitled to compensation in accordance with the agreement and the law of obligations.

• irregular payment of the concession fee
• delay in starting the project or contracted investments
• providing services below the agreed standards
• failure to protect maritime domain (pomorsko dobro), the environment or cultural assets
• incorrect information about the ability of the bidder
• transfer of rights or involvement of third parties against the contract and the law
• failure to renew the required guarantees
• use of the concession outside the contracted scope

Handover of the concession area and investments

The concessionaire should prepare the final account, termination or transfer of third-party contracts and handover of the area in advance. Once the concession ends, it must vacate the maritime domain within two months.

Within the same period, the concessionaire may remove items that are not permanently attached to the maritime domain, provided that removal causes no damage and the items were not included in an assessment of unamortised value. Permanently attached items become appurtenances of maritime domain.

Initial investments should be planned for amortisation during the agreed term. A special mechanism for assessing unamortised construction value applies to subsequent investments approved under the rules governing amendment of the concession. The request for assessment must be submitted no later than 12 months before expiry.

Legal protection

As a rule, appeals in concession-award procedures are decided by the State Commission for Supervision of Public Procurement Procedures. No appeal lies against a decision of the Government of the Republic of Croatia; judicial protection is available in an administrative dispute (upravni spor).

During performance of the agreement, the concessionaire may pursue available remedies against the grantor's decisions and conduct and bring a claim for breach of the grantor's contractual obligations. The appropriate remedy depends on the type of decision, infringement and relief sought.

Primorje-Gorski Kotar County

Preparatory work for county concessions is carried out by the Administrative Department for Maritime Domain, Transport and Communications, while the decision is adopted by the Primorje-Gorski Kotar County Assembly.

Primorje-Gorski Kotar County publishes its Maritime Domain Management Plan for 2024–2028, annual and medium-term concession plans, amendments, consultations and County Assembly decisions. The 2026 annual plan and the medium-term plan for 2026–2028 were amended in February 2026, so the current versions should be checked when preparing a project.

The respective port authority is responsible for a location within a port open to public traffic. In addition to the Port Authority of Rijeka, the county port authorities of Bakar-Kraljevica-Kostrena, Cres, Crikvenica, Krk, Mali Lošinj, Novi Vinodolski, Opatija-Lovran-Mošćenička Draga and Rab operate in PGŽ.

County of Istria

Preparatory work for county concessions is carried out by the Administrative Department for Sustainable Development, Department for Maritime Affairs, Transport and Infrastructure, and the decision is made by the Assembly of Istria County.

The County of Istria publishes annual and medium-term plans, public consultations and acts of the Assembly. For 2026, an annual plan and a medium-term plan for the period 2026-2028 were adopted.

The port authorities of Pula, Rovinj, Poreč, Umag–Novigrad and Rabac operate in the territory of Istria County. For the project within the port, expressions of interest and further communication are directed to the competent port authority.

Recommended first steps

The city or municipality often plays an important role because of the spatial plan, access roads, municipal infrastructure and local development interests, although another authority grants the concession. Early alignment of county, port and local conditions increases project predictability.

1. determine the location with cadastral parcels and coordinates
2. check the boundary of maritime domain (pomorsko dobro) and the port area
3. determine the competent concession grantor
4. review the county or port concession plan
5. check the spatial plan of the city or municipality
6. describe the activity, the investment and the need for construction
7. request a prior expert meeting with the competent authority or port authority
8. prepare a documented expression of interest

Checklist for the future concessionaire

• legal and record status of the location
• spatial conditions and the necessary act for construction
• competent grantor and concession plan
• permitted activities and degree of restriction of general use
• value, stages and sources of investment financing
• sustainable fixed and variable concession fee
• guarantees, insurances and the way to prove ability
• participation of subconcessionaires and other business partners
• exit from the project and surrender of the area after the concession ends