An occupancy permit is an administrative act by which the building authority confirms that a completed building may be put into use or operation. Only after it is issued can a permit to carry out an activity under separate regulations be obtained in the building, and the building is recorded in the cadastre and the land register Art. 94 para. 1.
It is issued by the same building authority that issued the building permit, once a technical inspection establishes that the building was constructed in accordance with that permit — in particular regarding the fulfilment of the basic requirements for the building Art. 94 para. 2. The building may be used only in accordance with the purpose set out in the building permit Art. 94 para. 4.
All cited articles (Art.) refer to the Building Act (Official Gazette NN 155/2025).
01The procedure depends on the building type
The general sequence is the same for all, but the scope of documentation and of the technical inspection differs significantly by group:
A residential building with at most two dwellings, up to 400 m² (a typical family house) Art. 3 pt. 32. The technical inspection does not check the basic requirements, only the location conditions Art. 94 para. 3.
A residential building with three or more dwellings (up to 20% for business use) Art. 3 pt. 33. The inspection also covers the basic requirements, and public-law bodies are summoned as well.
Everything else for which a building permit is issued; where necessary, also trial operation to test the basic requirements Art. 101.
→ Detailed procedure: Houses up to 400 m² · Multi-dwelling buildings
02Course of the procedure
- Application for the occupancy permit — filed by the investor or the owner of the building, electronically, with all attachments in electronic form Art. 95 para. 5, Art. 96.
- Technical inspection — the building authority carries it out within 30, or 15, days of receiving a complete application Art. 98 para. 1. A record is drawn up about the inspection Art. 99.
- Remedying defects (if needed) — if a defect is found that can be remedied without amending the permit, a deadline of up to 90 days is set Art. 100.
- Issuance of the occupancy permit — within 8 days of the completed technical inspection, if the prescribed conditions are met Art. 102.
- Recording in the cadastre and the land register — the authority sends the enforceable occupancy permit to the cadastral office Art. 106.
03What is enclosed with the application
The documentation is submitted electronically, and the list depends on the building type:
11 attachments — including the permit, contractors’ statements, maintenance programmes, the supervisor’s final report on mechanical resistance and stability, the geodetic survey, the energy performance certificate and proof of waste disposal Art. 95 para. 1
a more extensive list, including the supervisor’s final report on the construction and the surveyor’s statement in accordance with the detailed design Art. 95 para. 2
additionally a list of dwelling units and the decision on the interim manager for multi-apartment buildings Art. 95 para. 3
→ Full lists: Houses up to 400 m² · Multi-dwelling buildings
04Technical inspection
The technical inspection is carried out to establish that the building has been constructed in accordance with the building permit and the detailed design Art. 97 para. 1. The investor must enable the inspection and ensure the presence of the construction participants Art. 97 para. 3.
Who is summoned
Summoned are the investor, the public-law bodies that issued the confirmation of the detailed design and, where necessary, independent experts Art. 98 para. 2. Exceptionally, only the investor is summoned to the inspection of a less complex building Art. 98 para. 3.
Opinion of a public-law body
If the representative of a public-law body neither attends nor submits an opinion within eight days, the opinion is deemed to have been given and the building is deemed built in accordance with the permit in the part within that body’s competence Art. 99 para. 3.
05Special cases
Issued in the cases provided for by law; when issued because the building plot has not yet been formed, it ceases to be valid six months after the plot is formed in the cadastre Art. 103.
For a self-contained part of a complex building it may be issued before the whole building is completed, if this is provided for in the detailed design Art. 104.
If issuing the permit requires testing the basic requirements through trial operation, the investor reports it; its duration is at most two years Art. 101.
If the technical inspection is carried out away from the authority’s seat, the investor bears the travel costs and the participants’ per diems Art. 105.
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