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New for Property Owners: Buildings Constructed Before 1995 Will Be Automatically Legalized

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The government has approved a draft amendment to the Building Act that will significantly affect many property owners as well as those involved in construction projects. Key changes include faster issuance of opinions, automatic legalization of older buildings, clearer requirements for investors, and digitalization of procedures.

Simplification and Acceleration of Procedures

The Ministry of Natural Resources and Spatial Planning aims to significantly speed up the building permit process. One of the main novelties is the introduction of a uniform 30-day deadline for issuing opinions on the compliance of project documentation. If the opinion is not issued within this period, the administrative authority may request it within an additional 15 days. If there is still no response, the opinion will be considered positive. This solution is intended to eliminate the long bureaucratic delays that investors often face.

Greater Transparency of Requirements and Responsibilities

Under the new rules, opinion-issuing authorities will be required to enter their competencies and requirements into the spatial information system. This will make it clear for each project which opinions are necessary, reducing uncertainty for investors and increasing transparency in the early planning stages. The implementation will be gradual, as the system is not yet fully operational—a three-year transition period is foreseen.

Legalization of Buildings Constructed Before January 1, 1995

The most prominent change: automatic legalization of buildings constructed before January 1, 1995. Under current legislation, this presumption only applied to buildings built before 1968. Extending the cut-off date will greatly ease documentation processes for many property owners. The year 1995 was chosen because it marked a reorganization of municipalities and administrative units, from which point permit data is reliably available.

Less Bureaucracy for Simple Structures

The obligation to report the construction of simple structures (those that do not require a building permit) will be abolished. Supervision of these structures will be delegated to municipalities, meaning fewer administrative procedures for builders.

Solution for Unnecessary Issues With “Proof of the Right to Build”

It will no longer be necessary to prove the right to build over existing above-ground parts of buildings that are not affected by the new construction. Previously, changes in cadastral rules—which define the building boundary as the most protruding part (typically the roof)—caused legal issues, especially in urban areas where buildings often extend over public land.

Tolerance for Minor Deviations During Construction

The draft law foresees permissible minor deviations during construction—a building may be shifted up to 1 meter from what is stated in the building permit, provided this does not infringe upon neighbors’ rights. This measure should reduce disproportionate disputes and complications caused by minimal deviations.

Digitalization: eGraditev System Launching in January 2026

From 2026, the new eGraditev system will be implemented, further simplifying and accelerating construction and permitting procedures. The digital platform will improve transparency, speed, and reduce the need for in-person visits to administrative offices.

Source: Cekin.si. (2025, junij). Objekti, zgrajeni pred 1. januarjem 1995, bodo legalizirani. Cekin.si. Pridobljeno 3. julija 2025 s https://cekin.si/nepremicnine/gradnja/novi-gradbeni-zakon-legalizacija.html