Legalisation - what happens after 30/6/2013

[zappia]

I wonder if anyone here might know what will happen after 30 June if you have not legalised your property. I know there is talk of bulldozing illegally built property, but surely there would be a stage before that, e.g., they will ask you again to legalise by a certain date, or then the bulldozers move in.

In my case, I live in a villa that consists of 6 apartments. The developer (who also owns one of the apartments) denies to every other owner that there is a problem, however we have identified that there is a difference between the Building Permit plans and the villa as it now stands. Having consulted the legalisation department, 3 of us 6 owners are able to legalise our own apartments, (while the other 3 bury their heads in the sand!) which is fine, but then I wonder what will happen, as surely they are not going to bulldoze as half of the building is legal.

[Ribaric]

I'll try to answer you Zappia but please be aware that what my local officials tell me may not be accurate nor how others will interpret things. However, I am told that bulldozing dwellings is very unlikely and is only really considered where serious ecological effects are in evidence. The worse cases seem to be on Vir where many dwelling do not have adequate sewerage yet they are built next to the sea. Similar situations near rivers are also viewed as public enemy number one. The bulk of the rest will be fined and forced to comply at their own cost. It is viewed as a government money making exercise by some and, doubtless, as an opportunity to be bloody difficult by those officials who seem to have a masters degree in it.

[amatesic]

Hi, I am a realestate agent and attended the real estate agent forum in Savurdija a few weeks back. And this information is direct from the Minister of Building:

1. When one or more people in an apartment building submit plans for legalization the complete building documentation is submitted by the architect, effectively the entire complex is legalized. So the 3 of you should go ahead and DO THIS !!!! When the costs for the extra space ... komunal and water costs and a fee is imposed for not having the correct permits etc. This part is not a lot. The komunal and water costs can be several thousands of dollars.

She preposed that appartment owners get together and all submit, but if one or several will not then when the fees are paid, first the representative of the building assocation (so form an association not disclosing your intent if you do not already have one) or the people that have submitted the plans for legalalization, take the others to court ... first submit them a propertional bill ... then go to a lawyer and they will deal with it, if not paid then it will be treated as a ovrha ... line for money owing ... if its simple it just goes to a public notary and they do put a lien on the peoples bank accounts ... so you need to find out their OIBs ... you can do this at the court lands records office ... tell them you want the title holders of all the apartments in x address. when a lien is placed on someones bank account ... through the OIB the FINA department takes care of this and all their bank account is blocked until payment is made and they cannot open new ones. If they have funds in the bank account the amount will be paid by the bank from their accounts, if not enough money in the account then the accounts are all blocked until the amount is paid.

2. If you do not legalize the building and it is known that the apartments ... because of Etažiranje at the court ... they will say for example attic ... instead of apartment ... the owners of the apartment building will be fined ... and given several months to apply for legalization and provide the paperwork.

3. If you continue to ignore then the building office will issue a Rješenje ... A decision to remove your property ... all of it!

And there will be no exceptions based on who you are and what your story is ... direct from the minister's mouth ... the government will enforce

4. Unfortunately the ones that do not submit their apartments for legalization can if you do not take them to court later just ignore you.

Licensed real estate Agent Adriamare.hr

[amatesic]

While you are doing this get a building's energy certificate because after 30.6.2013 you will not be able to sell a property without it.

Jadranka www.adriamare.hr

[amatesic]

Where to find the energy certificate law

energetski-certifikat.info/support.html

Jadranka