Occupancy permit for a multi-apartment building

The procedure in five steps

1. Application for the occupancy permit

   The party to the proceedings is the investor or the owner of the building Art. 96. The application is filed electronically, with all attachments in electronic form Art. 95 para. 5.

2. Technical inspection

   The building authority carries out the inspection within 30, or 15, days of receiving a complete application Art. 98 para. 1. It establishes that construction conforms to the building permit and the detailed design, including the fulfilment of the basic requirements Art. 97 para. 1.

   Summoned are the investor and the public-law bodies that issued the confirmation of the detailed design, and, where necessary, independent experts Art. 98 para. 2. Invitations to public-law bodies are sent via the eDozvola system Art. 98 para. 5.

3. Record and opinions of public-law bodies

   A record is drawn up about the inspection, with a reasoned opinion of the public-law bodies Art. 99 para. 2. If a body neither attends nor submits an opinion within eight days, the opinion is deemed to have been given and the building is deemed, in that part, to have been built in accordance with the permit Art. 99 para. 3.

4. Issuance of the occupancy permit

   The permit is issued within 8 days of the completed technical inspection if the prescribed conditions are met Art. 102 para. 1.

5. Recording in the cadastre and the land register

   The building authority sends the enforceable occupancy permit and the geodetic survey to the cadastral office; on this basis the building is entered in the cadastre and the land register Art. 106.

What is enclosed with the application

The following documents are enclosed with the application for the occupancy permit — together with the statutory list Art. 95 para. 2 and the usual administrative attachments:

• all building permits with all amendments and supplements — from the first to the last — with the accompanying confirmations of finality (enforceability)
• proof of payment of the administrative fee
• details of the construction participants
• written statements from all contractors who took part in the construction about the works carried out, certified with a qualified electronic signature
• the programme and manner of maintaining the building and installed equipment, prepared by the contractor
• final reports from all supervising engineers who took part in the construction, on the execution of the building, as well as the final report of the chief supervising engineer
• a statement from the licensed geodetic engineer that the building is located on the plot, or within the scope of the works, in accordance with the building permit and the detailed design
• an as-built geodetic survey or a geodetic report (with break points in GML format, in electronic form)
• proof that the building plot has been formed in the cadastre, when the scope of the works is determined by a location permit
• the building’s energy performance certificate, if the building must meet energy-efficiency requirements
• the contractor’s proof of proper disposal of unused building material and handling of waste

Conditions for issuing the permit

The occupancy permit is issued within eight days of the completed technical inspection if it is established that Art. 102 para. 1:

• the prescribed documentation has been enclosed with the application;
• the building has been constructed in accordance with the building permit — as regards the basic requirements, location and other conditions;
• the building is connected to the traffic surface and the utility and other infrastructure specified in the permit;
• temporary structures, site equipment and waste have been removed and properly disposed of, and the land restored to an orderly state;
• all prescribed documentation was presented at the inspection.

Defects and special cases

Remedying defects

If a defect is found during the inspection that can be remedied without amending the building permit or the detailed design, a deadline for remedy is set — up to 90 days Art. 100.

Trial operation

If issuing the permit requires testing the basic requirements through trial operation (e.g. due to technological systems), the investor reports it to the building authority; the trial operation must be provided for in the detailed design and lasts at most two years Art. 101.

Temporary occupancy permit

In the cases provided for by law, a temporary occupancy permit may be issued, and for a self-contained part of a complex building, an occupancy permit for part of the building before the whole is completed Art. 103, Art. 104.