Interested parties (both individuals and legal entities) can get all the information regarding the possibilities of construction in the following way:
- In the Department of Physical Planning, Housing and Communal Affairs and Ecology;
- By phone number 00387 53 810 511;
- By e-mail nprostor@modrica.ba;
The procedure for obtaining permits in the Republic of Srpska is regulated by the Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska”, No. 40/13, 106/15, 3/16, and 84/19). The law defines:
- introduction of new planning methods,
- reduction of the number and types of spatial planning documents,
- precise definition of the planning period and the validity period of spatial planning documents,
- simplification of the procedure for obtaining licenses and introduction of a license for revision of technical documentation and a license for the energy audit,
- adaptation to modern means of work and digitalization,
- simplification of licensing procedures and procedures, which includes:
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- shortening the deadlines for issuing permits (for issuing location conditions and construction permits, the deadlines for issuing have been reduced from 30 to 15 days),
- specifying and increasing the number of facilities for which a building permit is not required (clear definition of auxiliary facilities and introduction of new facilities – automatic anti-hail stations of I, II, and III order),
- reduction of the number of steps and required documents (for individual residential and individual residential and commercial buildings whose gross construction area is less than 400 m², except for complex buildings within the meaning of this law, which are built in the area for which the implementing document has been adopted or in the non-urban area, the issuance of a building permit does not require the location conditions permit, which shortens the deadline for obtaining permits for construction and use and thus the costs of the procedure, and these facilities account for about 70% of all applications for permits, which also relieves facilitates the work of administrative bodies that issue permits),
- new provisions to reduce licensing costs:
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- provisions that precisely define the calculation of the fee for the arrangement of construction land according to the actual costs determined by the spatial planning document,
- clearly defining the amount of rent according to the level of development of the municipality, which has an incentive effect on investments in underdeveloped and extremely underdeveloped municipalities,
- reduction of rent costs for the fee already paid by the investor when converting agricultural land into construction land, thus eliminating payment on two bases,
- extension of the validity period of the construction permit from the current one to 3 years, which reduces the obligations of investors but also relieves the work of the administrative body that issues permits;
- adding provisions that will regulate and significantly simplify the legalization of illegally constructed buildings on uniform principles (for individual residential and individual residential and commercial buildings with a gross construction area of less than 400 m², except for complex buildings within the meaning of this law, as well as for buildings public infrastructure, subsequent construction, and use permit is issued by the same decision, as well as the fact that the procedure of legalization of completed facilities is carried out without subsequent issuance of the location conditions permit, unless necessary for the legalization of facilities on state land, which shortens deadlines and reduces the number of required documentation, discounts are provided for certain categories of residents, such as military invalids, etc.), the possibility of paying the costs of legalization in installments or bonds);
- the role of supervision in the construction process was especially emphasized and improved, which ensures the protection of the general interest through the construction of safe and stable facilities;
- relations between participants in construction are regulated by a contract which creates conditions for a clear definition of mutual rights and obligations, which provides greater legal security and adequate protection of rights and interests of all participants in construction, but also provides a collection of public revenues for contracted works;
- Establishment and work of the Chamber of Engineers to form a professional association and professional chambers as a non-governmental sector that will be important for improving the profession and international cooperation with similar associations, but also an adequate partner of the Government of the Republic of Srpska for further development and improvement of construction,
- Adding provisions related to the energy efficiency of buildings, the application of which should create conditions for stimulating the use of energy from renewable sources, reducing the cost of total energy, and reducing the harmful effects of buildings on the environment.
The request for the issuance of a decision on a building permit is submitted either at the information desk of the Reception and Information Department of the municipality of Modrica or by regular mail, both with the necessary documents.
Submitting the application
The application form can be obtained at the entrance hall of the Reception and Information Department of the Municipality of Modrica. It is necessary to enclose with it the following:
- a copy of the cadastral plan for the construction plot formed according to the urban-technical conditions with the identification of the old and new survey;
- proof of resolved property-legal relations (land register entry and title deed, original or certified copy not older than six months);
- main project in triplicate;
- report on the revision of technical documentation (except for individual residential and residential-commercial buildings gross construction area up to 200 m²);
- consents prescribed by special laws (e.g. water, fire consent, etc.);
- proof of payment of the new survey fee in the amount of 0.3% of the estimated value of construction works;
- proof of paid costs of landscaping and rent;
- municipal administrative fee;
- study, i.e. data on geotechnical and geomechanical characteristics of the land, for facilities larger than 400 m²;
- exterior design project (for facilities larger than 400 m²);
- environmental permit if required or a decision approving the environmental impact study in accordance with environmental regulations;
Issuance of the building permit
- The decision on the building permit is issued for the purposes of construction of the entire facility and the part of the facility that forms a technical, technological, or functional unit.
- The decision on the construction permit is made within 8 days from the day when the application is fully completed (the legal obligation is 15 days).
- The party receives the validity clause on the decision from the official in office 11 upon the expiration of the deadline of 15 from the day of receipt of the decision.
- The decision on the construction permit ceases to be valid if the works are not started within three to 3 years from the day of execution.
- The beginning of the works must be reported to the urban planning and construction inspection 8 days before the beginning of the same.
It is important to know the following:
The building permit is not required for ancillary facilities up to 50 m² of gross construction area, temporary facilities for trade fairs, landscaping individual housing (trails, plateaus, garden pools, wire fences, garden fireplace…), installation of greenhouses, cantilever awnings, and adaptation works facilities and the like. The location conditions permit is required.
The consent of the communal work organizations on the project is obtained officially in the competent institutions, and the investor pays the fees for obtaining them.
The decision on the amount of compensation for the costs of arranging construction land and the amount of rent is an administrative act without which a building permit cannot be issued if the location in question is within the boundaries of the city construction land.
LOCATION CONDITIONS PERMIT (formerly known as Urban permit)
The competent authority
Ministry of Spatial Planning, Construction, and Ecology of the Republic of Srpska
How and where to apply for the issuance of location conditions
It is necessary to submit a request for the issuance of location conditions permit along with evidence (necessary documents) provided by the Article 61 of the Law on Spatial Planning and Construction, by regular mail or at the premises of the Ministry.
Necessary documents
Along with the request for the location conditions permit, the investor is obliged to submit:
- urban-technical conditions document and expert opinion if there is no implementing document of spatial planning, which are submitted in three copies only if they are done outside the body responsible for spatial planning of the local self-government unit,
- a copy of the cadastral plan, i.e. an up-to-date geodetic basis for the proposed routes for infrastructural line communal facilities, certified by the body responsible for surveying and the Republic Administration for Geodetic and Property-Legal Affairs of the Republic of Srpska,
- proof of the legality of the existing facility, if it is a matter of upgrading, and changing the purpose of the existing facility,
- description of the facility,
- approvals for the location of the facility provided in urban and technical conditions document based on special laws depending on the type and purpose of the facility (utility companies that manage utility infrastructure, public companies that manage public infrastructure, etc.), if such approvals are not contained in urban and technical conditions document,
- decision on determining the obligation to conduct an environmental impact assessment and the scope of the impact assessment, if its implementation is mandatory in accordance with a special regulation, and
- Preliminary design and proof of ownership or construction right over the land for facilities for which, according to the provisions of this Law, the building permit is not required.
Fees and charges
- Republic administrative fee in the amount of 2.00 KM on request;
- Republic administrative fee for the development of location conditions in the amount of 20.00 KM,
Deadline for resolving the case: 15 days from the date of receipt of the complete request.
Legal basis of formalities:
- Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska”, No. 40/13, 106/15, 3/16, 84/19)
- Law on Administrative Fees, Tariff Nos. 1 and 51 (“Official Gazette of the Republic of Srpska”, No. 100/11, 103/11, and 67/13)
- Rulebook on the form, content, and manner of issuing location conditions (“Official Gazette of the Republic of Srpska”, No. 69/13)
- Rulebook on General Rules of Regulation and Parcelling (“Official Gazette of the Republic of Srpska”, No. 115/15)
BUILDING PERMIT
The competent authority
Ministry of Spatial Planning, Construction, and Ecology of the Republic of Srpska
How and where to apply for the issuance of the building permit
It is necessary to submit an application for the issuance of the building permit with evidence (necessary documents) provided by the Article 128 of the Law on Spatial Planning and Construction, by mail or at the premises of the Ministry.
Necessary documents:
- Application for the building permit;
- Location conditions permit, with urban-technical conditions, i.e. urban-technical conditions for individual residential and individual residential-business facilities whose gross construction area is less than 400 m²;
- Proof of resolved property-legal issues:
– Excerpt from the public register of real estate (land registry insert, title deed, and a copy of the cadastral plan with identification – not older than six months);
– Contract or decision of the competent authority suitable as a basis for acquiring ownership or construction rights in favor of the investor;
– Contract on joint construction concluded with the owner of the land or real estate;
– Special decision of the Government based on the Law on Expropriation, which allows the possession of expropriated real estate before the finality of the decision, if it is a building permit for facilities of general interest;
– Contract concluded with the Government or local self-government unit and public-private partnership agreement concluded with a public partner in accordance with a special law, in case of a concession or entrustment of communal activities in accordance with a special law or when public land is entered as founding capital in a newly established company.
– Note: Along with the application for the building permit on construction land owned by several persons, an excerpt from the public real estate records and an agreement on mutual relations between investors and all co-owners of the land, concluded by following a special law. Along with the request for the issuance of a construction permit for the performance of works on a facility owned by several persons, an excerpt from the public records and a contract concluded by following a special law shall be submitted.
- Main construction project in triplicate;
- Report on revision of technical documentation in accordance with Article 114 of the Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska”, No. 40/13);
- Report and certificate on nostrification (official verification) of the main project, if it was done according to the regulations of other countries – Article 102, paragraph 4 of the Law on Spatial Planning and Construction (“Official Gazette of Republic of Srpska”, No. 40/13);
- Ecological permit, if required, or a decision approving the environmental impact study in accordance with the regulations on environmental protection;
- Consents of competent utility companies that manage utility infrastructure, public companies that manage public infrastructure, and the like when it is determined by special regulations (electricity approval, fire approval, etc.);
- Other evidence is determined by special laws;
- The investor is obliged to submit the decision on determining the amount of the fee for arranging the city construction land and rent, and the proof of payment of the determined amount of fees, i.e. the agreement on the manner of settling these obligations to the competent authority at his request before issuing the building permit.
Fees and charges
- Republic administrative fee in the amount of 2.00 KM on request;
- Republic administrative fee per decision according to the estimated value of the facility:
– up to 50,000 KM – 200 KM;
– from 50,000 to 100,000 KM – 300 KM;
– over 100,000 KM – 0.5% on the estimated value of the facility, but not more than 10,000 KM
The deadline for resolving the case is 15 days from the date of receipt of the request.
Period of validity of the formality: The construction permit ceases to be valid if the construction of the facility for which it was issued does not begin within three years from the day when the construction permit became enforceable.
Legal basis of formalities
- Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska”, No. 40/13, 106/15, 3/16,84/19),
- Law on Administrative Fees, Tariff Nos. 1 and 52 (“Official Gazette of the Republic of Srpska”, No. 100/11, 103/11, and 67/13).
USE PERMIT
The competent authority
Ministry of Spatial Planning, Construction, and Ecology of the Republic of Srpska
How and where to apply for the issuance of a permit for use
It is necessary to submit an application for the issuance of the permit for use with evidence (necessary documents), by regular mail, or at the premises of the competent Ministry.
Necessary documents:
- building permit with the project of the constructed condition in two copies, if it is made and certified in accordance with Article 104 of the Law on Spatial Planning and Construction,
- certificate on the performed geodetic survey of the object,
- proof of the performed recording of underground installations,
- consent to the derived condition, when it is provided by special regulations,
- statement of the contractor on the performed works and conditions for maintenance of facilities referred to in Article 60, paragraph 2 of this Law,
- report of the supervisory body, and
- building energy certificate.
Additional information – For the work of the commission at the building site it is necessary to provide the following:
- building permit with the main project on the basis of which the permit was issued and the project of the constructed condition, if it has been prepared,
- evidence of the quality of both works, construction products, and equipment,
- documentation on performed tests and test results of the load-bearing capacity of the structure, if special regulations require testing,
- the construction log book (the day-to-day record of all types of works on the construction site),
- construction book (the day-to-day record of the quantity or number of activities undertaken on the construction site), for those facilities for which the obligation to keep it has been agreed,
- inspection book and
- other documentation is defined by special regulations depending on the type of facility.
Fees and charges:
- Republic administrative fee in the amount of 2.00 KM on request and,
- Republic administrative fee for a decision of 100 KM,
Deadline for resolving the case:
- Technical inspection is performed no later than 15 days from the date of submission of the complete application,
- Preparation of a report on the result of the technical inspection of the constructed facility, i.e. performed works, the integral part of which is the record of the performed technical inspection no later than 8 days from the day of the technical inspection,
- If it is determined on the basis of the report that there are no deficiencies or that the observed deficiencies have been eliminated, the competent authority is obliged to issue a use permit within eight days of receiving the minutes,
Validity of the permit: Permanent
Legal basis of formalities:
- Law on Spatial Planning and Construction (“Official Gazette of the Republic of Srpska”, No. 40/13, 106/15, 3/16,84/19).
- Law on Administrative Fees, Tariff Nos. 1 and 52 (“Official Gazette of the Republic of Srpska”, No. 100/11, 103/11, 67/13, 123/20),
- Rulebook on technical inspection of facilities and monitoring of soil and facilities during their use (“Official Gazette of the Republic of Srpska”, No. 100/13).