30 May, 2019

Has spatial legislation actually improved since reforms in 2018?

A year has passed since Slovenia has experienced changes in the field of regulation of spatial legislation. The area of spatial planning and building construction is newly regulated from 1 June 2018 by the Spatial Planning Act (Zurep-2), the Construction Act (GZ) and the Architectural and Engineering Act. (Zaid). From the above-mentioned legislative triplet, Zurep-2 brought the biggest reform of the spatial planning, which has repealed three current regulations: The Spatial Planning Act (Zurep-1), the Act of the Spatial Planning (ZPNacrt) and the Spatial Arrangement in the Spatial Planning Act (ZUPUDPP).

One of the most important innovations towards the improvement that Zurep-2 brought to the Slovenian legal space is the possibility of initiating an administrative dispute against spatial implementing acts at the Administrative Court. The subject change is a big step forward from the previous regulation, where the legality or constitutionality of spatial implementing acts was assessed by the Constitutional Court, which in the main rejected such a decision by an argument of a lack of legal interest.

Since the enforcement of the abovementioned amendment in the administrative dispute, the court also decides on the lawfulness of spatial implementing acts in the part of determining the purpose of the use of space or its direction, determining the spatial implementation conditions that relate to the purpose of interventions in the space, their location, size and design, or the size of the building plot or the most appropriate variants in the regulation on the most suitable variant, so it is advisable to have good professional counsel at hand in case you are dealing with abovementioned matters.

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