Procedure to permit usage of the building as a third step of phase of construction

In previous articles focusing on construction and the obligations associated with it, we focused on territorial and construction proceedings. If you have already completed these steps, the last one is final building approval procedure, which will be discussed below.

What is actually a house inspection? Simply, it is the process by which is building officially brought “into life” and decides that the building can be used. The whole process of acceptance is described in the following steps:

1. Start

Acceptance begins after completion of all construction work, it means when the construction is almost finished and only the small things that can be completed after moving in are missing. The builder shall submit an application for issuance of the final building permit at the relevant building authority, to which he shall submit all annexes required by the building authority. After receiving the necessary documents, the building office declares the commencement of the occupancy permit procedure.

2. Course

Depending on the complexity of the project and any conditions laid down in the opinions of the authorities concerned, the occupancy permit procedure will normally be initiated by setting out an oral hearing linked to the local investigation. Directly on and around the building inspection commission examines:

- realization of the construction according to agreed project documentation,

- adherence to the conditions defined by the zoning plan, zoning permit and building permit,

- whether the completed construction and its use will not endanger the life and health of persons, the environment and whether the conditions of safety of work and technical equipment are observed.

If the building office does not find any serious errors and other adverse facts, it will proceed to the approval of the building permit, which can start to fully utilize the construction for the purposes designated by the building office.

3. Documents required for final building approval

The decree lays down the following documents to be produced in oral proceedings linked to a local inquiry:

- documents indicating the spatial position of the building,

- evidence of the results of the prescribed tests and measurements and of the fitness of the operating equipment

for smooth and safe operation,

- project documentation verified by the building authority in the building procedure,

- drawings showing the changes which have occurred during the construction;

- documents proving the required product characteristics and other documents specified in the conditions of the building permit,

- construction log.

4. Participants

- The builder,

- the owner of the construction, if not the builder,

- the owner of the land on which the building is located.

5. Issue of occupancy permit

After the expiry of the opposition period, which may not be less than 7 days, the building office shall issue a final building permit within 30 days. The occupancy permit is delivered to the participants in the construction proceedings and each of them can appeal against it within 15 days of delivery. If no one appeals the final building approval, it becomes final.

6. Deadline for the final decision to be finalized

It may take the order of one to two months for the final decision to take effect, if no one appeals. If one of the participants appeals, the appeal is decided by the relevant district office, in which case the whole process will be extended by several months.

We believe that it is a little bit more clear  through our article on how the house inspection proceeds. In case of any further questions or requests, please do not hesitate to contact the expert team of VGD Legal s. r. o. who will be happy to advise you in this field. For more information, click on our website, Facebook or Linked In.

Author: JUDr. Lucia Kalabová, VGD Slovakia s.r.o.

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