What do you need to know about construction procedures according to the Building Act?

What do you need to know about construction procedures according to the Building Act?

Below is an overview of the key legal provisions and obligations of investors, contractors, and other participants in construction, pursuant to the Construction Act (Official Gazette nos. 153/13, 20/17, 39/19, 125/19, 133/20, 114/22, and 36/24), relating to the preparation, execution, and completion of construction works.

Notification of Commencement of Construction

The investor is obliged to submit an electronic notification of the commencement of construction to the competent administrative authority at least eight days prior to the commencement of works, via the ePermit system.

The notification must include:

-The type and number of the building permit or other act serving as the legal basis for construction;

-The name of the contractor;

-Details of the supervising engineer;

-Proof of the formation of the building plot in the land cadastre (if applicable);

-Project information, in case construction is based on the implementation design.

Note: Prior to the commencement of construction, the setting out of the building must be carried out, accompanied by a setting-out report prepared by a licensed geodetic engineer.

Temporary Prohibition of Construction Works

A local self-government unit, upon prior opinion of the local tourist board, may temporarily prohibit earth and structural works during specific periods of the year in order to protect tourism interests and the public interest.

Exemptions from the prohibition include:

-Construction of buildings of national significance for the Republic of Croatia;

-Construction ordered under urgent administrative measures by competent inspection authorities;

-Construction already commenced in the year in which the prohibition is issued.

Site Organisation and Protection

In accordance with Article 135 of the Construction Act, the construction site must be orderly, safe, and properly marked. This includes:

-Properly placed and stable temporary structures;

-Correctly installed utility systems;

-Implementation of measures for environmental, health, and safety protection (e.g. noise, waste, vibration control);

Timely removal of all temporary structures, scaffolding, and waste, and restoration of the site to its original condition, no later than the issuance of the occupancy permit.

Site Marking and Fencing

The construction site must be physically fenced, clearly marked, and protected from unauthorized access. An informative site board must be placed at the site, containing:

-The name and registered address of the investor;

-The name of the contractor and the supervising engineer;

-The type and number of the building permit;

-The start date of the construction works;

Any other legally prescribed information (especially for cultural heritage sites or developments in areas of special interest).

Documentation at the Construction Site

The contractor is obliged to keep the original or certified copies of the following documentation at the construction site, in Croatian language and Latin script:

-Excerpt from the court register or a trade license;

-Construction contract;

-Appointment act for the chief site engineer and the site manager;

-Contract for construction supervision services;

-Building permit and main design;

Implementation design and any required design review;

-Construction logbook;

-Declarations of conformity for materials used;

-Setting-out report of the building;

-Construction waste management documentation.

Technical Inspection and Occupancy Permit

Upon completion of construction, the investor shall submit an electronic application for the issuance of the occupancy permit. The following documents must be enclosed:

-The building permit or implementation design;

-Contracts with the contractor and the supervising engineer;

-Declarations of responsible persons;

-Geodetic survey of the constructed state;

-Proof of formation of the building plot;

-Energy performance certificate (if applicable).

A technical inspection is carried out within 15 days (or exceptionally, 30 days) from the date of submission of a complete application. All principal participants in the construction are required to attend. If minor deficiencies are found that do not require amendments to the building permit, the competent authority shall prescribe a deadline (up to 90 days) for their rectification.

Trial Operation (if required)

For buildings whose systems require functional testing prior to use (e.g. heating, ventilation, or electronic systems), the investor must report the commencement of trial operation and submit a testing plan. Trial operation may last up to two years.

Temporary Occupancy Permit and Partial Occupancy Permit

A temporary occupancy permit may be issued if construction is completed but the trial operation, energy certification, or cadastral procedures are still pending.

A partial occupancy permit may be issued if a specific part of the building is independent and can be used separately, or is essential for the completion of other works.

Registration in Cadastre and Land Registry

Upon issuance of the occupancy permit, the competent authority transmits the geodetic survey and related data to the cadastral and land registry offices. The competent municipal court shall then register the building and remove any annotations of inconsistency with the spatial planning documents.

Maintenance, Demolition, and Supervision

Maintenance: The building owner is responsible for maintaining the safety of the structure and addressing any hazardous conditions.

Demolition: Must be reported to the competent authority and carried out in accordance with applicable environmental, safety, and waste disposal regulations.

Supervision: The Ministry and the Construction Inspection Authority monitor the legality of actions by all participants in the construction process.

CONCLUSION

Proper and lawful conduct throughout all phases of construction — from the notification of commencement, through execution, to obtaining the occupancy permit — is of fundamental importance for the legal certainty of the investor and all parties involved.

For professional assistance, contract drafting, or representation before competent authorities, we advise you to contact us – as a law firm with experience in construction and administrative law, we are at your disposal.