Legalisation
Legalisation of an unauthorised construction is obtaining a permit of use for a building that is either illegal or non-compliant. A building with a building permit that does not adhere to its specifications is considered a non-compliant structure, while one built entirely without a permit is considered illegal.
It’s important to note that not all structures can be legalised. Initially, we assess whether legalisation is feasible for your building. Suppose we determine that legalisation isn’t possible. In that case, the project concludes at this stage, sparing you unnecessary expenses associated with full project development.
Our firm specialises in the legalisation of long-standing structures. However, as of December 2023, the enforcement of Article 146 of the GZ-1, which facilitated the legalisation of such structures, has been suspended across Slovenia. The Constitutional Court is currently reviewing the constitutionality of this article. Until a decision is reached, we can record your inquiry—submitted via the form below—and contact you once Article 146 is reinstated. We appreciate your understanding and encourage you to stay informed through the media, hoping for a favourable outcome from the Constitutional Court for all citizens of Slovenia.
What Constitutes a Long-Standing Structure?
A long-standing structure is a building that was constructed (including extensions, superstructures, reconstructions, or changes in use) before January 1 2005. Since that date, the building must have remained unchanged in its basic floor plan, height, and purpose.
Legalisation of a Long-Standing Structure
For buildings erected without a building permit before January 1, 2005, we can obtain a permit for a long-standing structure, effectively serving as a permit of use. We also arrange their registration in the building cadastre. We will also secure the most crucial evidence for this process—aerial photographs. Additionally, with your authorisation, we will communicate with the relevant administrative unit on your behalf.
Essential Considerations for Long-Standing Structures
Legalisation is possible even if the building:
- stand on non-buildable land.
- does not conform to design requirements specified in spatial planning documents.
Types of Structures Eligible for Legalisation
- Residential houses
- Agricultural buildings (e.g., barns, machinery sheds)
- Holiday homes or cottages
- Commercial buildings and warehouses
- Community structures such as fire stations, hunting lodges, and mountain huts
- …
Benefits of Legalising a Structure
- Increased property value.
- Simplified sale process.
- Eligibility for various subsidies (e.g., Eco Fund).
- Easier acquisition of mortgage loans.
- Termination of inspection procedures, preventing potential demolition.
Three Basic Conditions for Legalisation
- You are the current owner or co-owner.
- The building was completed and in use before January 1 2005.
- Since January 1 2005, the building has remained substantially unchanged in size and purpose (no extensions, superstructures, or new canopies over terraces).