The Constitutional Court has annulled Article 146 of the Building Act, which allowed the issuance of permits for so-called “long-standing structures” even if they had been built without a building permit. This decision affects numerous property owners across Slovenia, especially those seeking to legalize buildings constructed before January 1, 2005.
Already in December 2023, the Constitutional Court had suspended the implementation of Article 146, and has now definitively annulled it. The Court ruled that the article was inconsistent with Article 140 of the Slovenian Constitution, which grants municipalities the authority to manage spatial development at the local level.
According to the Court, the provision prevented municipalities from exercising spatial control, as it did not require verification of compliance with spatial planning documents, spatial regulations, or the basic utility infrastructure of the land.
A long-standing structure is a building or other type of structure that was constructed, extended, rebuilt, or had its intended use changed before January 1, 2005. Since then, it must have remained essentially unchanged in size, height, and use. To qualify for a permit under the annulled article, the structure also had to be non-hazardous and not subject to any active inspection measures.
The constitutional review was requested by the National Council, which pointed out that the law lacked safeguards — permits could be granted even for structures located in ecologically sensitive areas, without verifying compliance with municipal spatial planning documents.
The Constitutional Court agreed, stating that the law did not ensure essential procedural checks. Compared to the legalization process under Articles 143–145 of the Building Act, which require opinions from relevant authorities, the process for long-standing structures was significantly more lenient and excluded municipalities entirely.
Apart from issuing confirmation of payment for utility contributions, municipalities had no role in the permit process. As a result, a structure could be deemed legal even if it was in clear conflict with the municipality’s spatial development plans.
The Court emphasized that construction and spatial legislation are inseparably linked. If municipalities are denied the ability to influence the legalization of structures within their territory, this constitutes a violation of their core authority over spatial planning.
If you own a building constructed before 2005 without a building permit, this simplified path to legalization is no longer available. Legalization will now only be possible through a more complex procedure, which includes verifying compliance with municipal planning documents and obtaining opinions from relevant authorities.
For further information on how to proceed in the case of an illegally constructed building, consult a real estate or construction law expert.
Vir: St. M., & STA. (2025, 24. junij). Ustavno sodišče razveljavilo del gradbenega zakona glede objektov daljšega obstoja. Siol.net. Pridobljeno 3. julija 2025 s https://siol.net/novice/slovenija/ustavno-sodisce-razveljavilo-del-gradbenega-zakona-glede-objektov-daljsega-obstoja-665860
