legalization and usage permit

[yeslehc]

Are legalizing a house and getting a usage permit the same, I am told by a croation friend they are ? My understanding up to now is that they are completely different things, and you cannot get the second without the first. can the wide knowledge base here throw some light on this. many thanks

[Carol]

what do you think legalising a house is?

Getting a usage permit means getting a permit that says the house has finished being built, the taxes have been paid and therefore it is now fit for human habitation.

[Ribaric]

A usage permit enables you to ;legally use the property for whatever it has a permit for. For most people, this means having permit to "use" the house as a dwelling. For example, you cannot get a dwelling permit for a portacabin or warehouse etc.
Legalisation means, as carol points out, that all the building papers are in order, taxes paid and, crucially, the building as-built is the same as is recorded in the kataster and drawn in the gruntovnica.

At the moment, I think these two processes remain un-connected. I don't know about business premises though.

[zappia]

From what I understand, the Building Permit (Gradjevinska Dosvola) and Usage Permit (Uporabna Dozvola) are two separate items, as commented in the above posts.

However, if you are currently going through the legalisation process then they will be done together, as there is no time delay between getting building approval and checking that the property is suitable for use, since the building is already standing.

For legalisation they will check the Building Permit against what is there built on the ground. And if they do not match, it means you have to legalise and as part of that process you should automatically get the Usage Permit.

At least that is how I understand it!

[amatesic]

Hold on a moment ... you do not need to submit for legalization unless what is built does not match the building documentation ... you can just apply for Usage Permit ... also depends on what year it was built ... before 2007 I think ... no usage permit was required so therefore do not need to legalize. Get your architect to check your situation. First step is to go court records office and see what is on your title .... in some cases the title says that there is no usage permit ... meaning that there is a building permit ... however submit at the court a request on what grounds/paperwork the title assumes there is a building permit ... the architect will do this for you ... if you want ... some architects will charge you extra for this or will not bother to check .... and at the court there is documention on what basis the title just says you do not have a usage permit ... before 2007 I think ... there was no need for a usage permit, it was not required. Have to check that date. I have this situation with several of my clients ... the title says they do not have a usage permit, when we checked at the court and every real estate agent should check this if they are any good ... because they can be sued if they do not ... or if you hire a lawyer when buying he should check this out .... so when we checked at the court there was no building permit in the file ... the court records were wrong ... you know how some things are done ... corruption at the court ... someone pays for this to be put on their title through a friend.

So my advice ... go to an architect and have them check everything!

While you are at the architects office also request that they do an energy inspectation and give you a energy efficiency certificate as you will not be able to sell the property after 30.6.2013 without one.

Licensed real estate agent in Zadar ... www.adriamare.hr Jadranka Matešić

[amatesic]

Energy certificate required ... link

energetski-certifikat.info/support.html

its in croatian so google translate it

Jadranka