Building surveillance by the building inspection of the State Inspectorate
Illegal construction means construction without an official act approving construction, construction contrary to the issued official act and any construction contrary to provisions of the Building Act and regulations adopted on the basis thereof
Legality of constructionArticle 128 of the Act stipulates that certain construction works may be constructed without an official act, i.e. in the manner prescribed by the Ordinance on simple construction works and works (OG 112/17, 34/18, 36/19, 98/19, 31/20).
The construction of construction works may commence on the basis of:
- final and effective building permit
- enforceable building permit at the investor’s own risk and liability
- main design prepared in accordance with the Act and regulations adopted on the basis thereof in the manner prescribed by the applicable Ordinance on simple construction works and works
- standard design for which the ministry competent for construction issued the decision on the standard design
- an official act of the competent body of the local self-government unit issued in accordance with regulations governing municipal economy, when prescribed so by the Ordinance on simple construction works and works
- without an official act, when prescribed so by the Ordinance on simple construction works and works
- in special cases prescribed by the Building Act (natural disasters, etc.).
Competence for performing building surveillanceThe building inspection is responsible for performing building surveillance of construction works for which it is required to obtain a building permit, as well as for performing building surveillance of simple construction works and works that may be carried out on the basis of the main design. As of 1 April 2019, the performance of inspectional affairs of building inspectors of the State Inspectorate is no longer subject to provisions of the Building Inspection Act (Official Gazette 153/13), except in procedures initiated under provisions of that Act.
Municipal service officers supervise the construction of simple construction works and works that may be carried out without an official construction act or on the basis of an official act of the body of the local self-government unit in accordance with regulations governing municipal economy or another official act by applying the Building Inspection Act (OG 153/13) in the part related to the competence of municipal service officers.
You can submit a notification to the building inspection by sending it to the following address: State Inspectorate, Šubićeva 29, 10 000 Zagreb, or by submitting your notification at Notifications
Measures of the building inspectionIn cases of illegal construction under the competence of the building inspection, a building inspector shall have the right and obligation to order the following inspectional measures to be taken:
- rectification of irregularities in the construction process
- prohibition of installation of a construction product
- rectification of damage to existing construction works
- harmonisation of construction activities
- removal of construction works
- prohibition of removal of construction works
- suspension of construction activities.
Measures of municipal service officersMunicipal service officers shall be responsible for determining the legality of construction activities and for performing supervision of construction activities, implementation of projects (interventions in space) other than construction and maintenance of construction works by local self-government units. When implementing supervision, a municipal service officer shall have the right and obligation to order the taking of the following measures:
- removal of rubble
- rectification of damaged front sides and coverings of existing buildings other than load-bearing constructions
- removal of construction works
- harmonisation of implementation of projects other than construction
- removal of projects other than construction
- temporary suspension of execution of works
- completion of the exterior of a building
- display of the energy certificate.
Legal consequences of illegal construction
- suspension of construction activities and forced removal of the construction work at the investor’s or owner’s expense
- forced removal of the construction work by fines and initiation of an enforcement procedure
- inability to obtain the use permit and/or to perform activities in the construction work
- inability to connect to municipal and energy infrastructure
- inability to register the property in the land registry and cadastre
- misdemeanour and criminal complaints
- inability to obtain incentives and housing loans
- inability to perform subdivision of the building
- significantly reduced value of the property.