What is a use permit and how to obtain one?

We know, we know. You’ve probably come to this article because you’re tearing your hair out over all those rules, regulations, documents, requirements, declarations, and permits. And now you’ve heard that you also have to get an occupancy permit, even though you already have a building permit.

Yes, unfortunately, we have to inform you – a building permit means you can build something (and it comes at the beginning), while an occupancy permit means you can use or sell it after construction (and it comes at the end). Keep this in mind if you’re a property buyer – always ask for both permits!

What exactly is a usage permit?

Simply put – it is a permit that confirms that everything is built according to regulations and is safe for use. It means that everything is safe and functional and that all work was done according to quality standards. In other words, your roof will not collapse on your head or your pipe will explode after water starts flowing through it.

Having a building permit does not mean that you also have an occupancy permit. One comes before construction, and the other after. So, if you received a building permit, but did not follow all the parameters from it during construction (floor plan, dimensions, etc.), there is a possibility that you will not receive an occupancy permit for it.

And what about older real estate? Well, if you are buying a turnkey property, that is, if the property you are buying has already been built and has an occupancy permit, be sure to first check whether the condition of the permit matches the actual appearance of the property. If you do not see a two-car garage in the permit, but in front of you is one attached to the house, it means that something in that picture is not quite legalized.

uporabna dozvola

And what is legalization?

Legalization refers to illegally constructed buildings, i.e. those that were built without obtaining the necessary documentation or that were not built in accordance with the construction documentation.

Buildings built before June 21, 2011 can be legalized. As part of legalization, the property owner must initiate a request for the issuance of a Decision on the executed state to the competent administrative body, and more details about the required documentation can be found at this link .

How and to whom should I apply for a use permit?

Do you have your eCitizen profile? Great, then you can submit your application online via the eDozvola system! Just follow the instructions and attach the required documents and you can do everything from the comfort of your home.

If you prefer to do everything "face to face", then you can submit your application to the authorized or competent body in your county. This means that you will have to go to the nearest city (if you are not already there) and submit your application at a specific institution. You can find a complete list of competent bodies by county at this link .

However, if you have already built or renovated a house, you are aware that nothing goes without (a little more) documentation. Therefore, you need to attach the following to your application:

  • photocopy of the building permit or main project
  • information on all participants involved in the construction
  • written statement of the contractor on the completed works and the conditions in which the building must be maintained
  • final report of the supervising engineer on the construction of the building
  • statement of a certified geodesic engineer that the building complies with the project (for geodetic projects)
  • statement of a certified geodesic engineer that the building is located on the plot in accordance with the staking out study (if a geodetic project is not required)
  • geodetic study for recording the building in the cadastre or changing data on buildings or other buildings, or a certified geodetic study of utilities (for buildings where a geodetic project is not required, but are recorded in the cadastre/cadastre of utilities)
  • energy certificate (for buildings that must meet energy efficiency requirements).

And the next step is to...

...and the house must undergo a technical inspection!

Yes, you read that right. Technical inspection is not only something that car owners fear, but also real estate owners. Namely, once you have submitted all the documentation for the use permit, a technical inspection team goes out to the field. It is attended by everyone involved in construction - investor, designer, supervisor, auditor and contractor - and you must have this documentation with you:

  • document certifying the contractor (entry in the court register/trader's certificate/consent to perform construction activities)
  • contract between the investor and the contractor
  • act on the appointment of the (chief) construction site engineer or the works manager
  • contract on professional supervision between the investor and the supervising engineer
  • building permit or master project
  • construction log
  • all the necessary evidence about the functionality of the building and the installed equipment
  • other documentation as needed.

Ufff. Is that all?

Yes, don't worry – if the technical inspection confirms that everything is in order with your property, you will receive your occupancy permit within eight days.

However, if you need an occupancy permit for a slightly older property, then you may be in luck and won't have to go through all these processes!

Properties built before 2007

To cut a long story short (because we're sure your head is already full of legal terms), the law changed in 2007. But that also means that buildings built on the basis of a building permit issued before October 1, 2007 (so the building itself may have been built after that) don't have to go through all these processes of obtaining a use permit.

All you have to do is apply for a use permit for a building based on a building permit issued before October 1, 2007 and attach the building permit or other appropriate document to it. If everything is in order and in accordance with the regulations, the permit is yours!

Properties built before 1968

If you own an older property, i.e. one that was built before February 15, 1968, the process will be a little easier for you because all such properties are considered legal. Just go to the relevant cadastre and request a Certificate that the building was built before 1968.

What exactly is this about? On February 15, 1968, the Yugoslav army took 8,800 aerial photographs showing the properties that existed at the time. They were kept in Belgrade and arrived in Croatia in 2013, which gave the relevant authorities the necessary insight into the properties that had been built.

If nothing was added to, demolished and rebuilt, or if the condition on paper is the same as on the ground, you can also request a use permit based on that certificate. This is how you will enter the floor and height of the building, and you can see an example at this link .

Please note that there are some other special categories of real estate for which a use permit is issued:

  • Operating permit for a building built, reconstructed, renovated or rehabilitated in the implementation of regulations on renovation, i.e. regulations on areas of special state care
  • Operating permit for a building acquired by the Republic of Croatia for the purpose of providing housing
  • Operating permit for a building whose construction deed has been destroyed or is unavailable

Each of them must also follow a specific procedure for obtaining a use permit, which will be explained to you during your visit to the competent authority in the county.

Can you buy or sell real estate without a use permit?

The short answer is – yes, you can. But, you know, there is always a “but”.

If a property does not have a use permit, the bank will not approve a loan or mortgage for that property.

Likewise, if you are buying a property, we advise you to always ask the seller for a use permit or a Certificate of Completion (which has the same value). If for one reason or another you decide to skip this step, at least call in an expert (architect) to check whether the situation on the ground corresponds to that in the building permit.

We hope that we have answered your questions regarding the use permit. If you have any more, we are always at your disposal !