Construction permit procedures change - New rules, deadlines for unfinished buildings extended
The new amendments that the Government has made to the Territorial Development Regulation enter into force in the Official Gazette. The amendments affect the procedures for development and construction permits, public investments, projects under the jurisdiction of the National Council for Territory and Water (KKTU), as well as the treatment of buildings that have remained unfinished for years.
One of the most important elements of the changes relates to the treatment of construction projects that have remained unfinished for more than five years. According to the new decision, developers of these projects will be able to request an extension of the construction permit deadline and reactivate blocked projects, provided that they submit the required documentation and pay the relevant fees.
According to the regulation, a 24-month period is foreseen for submitting these requests. In case the entities do not apply within the specified deadlines, the objects may be subject to confiscation procedures according to the legislation in force.
The changes also strengthen the powers of the National Council for Territory and Water. For projects under the jurisdiction of this institution, the KKTU will be the authority responsible for project changes during the construction phase.
It also highlights the possibility that KKTU may request the inclusion of public functions within major development projects. The decision stipulates that changes may be requested in the submitted projects to create public spaces or services such as kindergartens, schools, health centers, postal facilities or other structures of public interest.
Changes have also been made to the procedures for transferring construction permits. According to the new rules, a change of developer will only be allowed after the project has passed the so-called zero quota.
Likewise, the condition that the construction permit was dependent on the prior existence of primary and secondary infrastructure in the area where the project is being developed has been removed. This change is considered a procedural simplification that could accelerate the launch of new investments.
The decision also introduces new rules for the registration of internal units of buildings. Approved projects must now include detailed information on apartments, offices, commercial units and other internal spaces. This information will serve as the basis for registration in the Cadastre and for notarial procedures.
Another new element is the introduction of a “carbine certificate”, a document that will be issued once the basic structure of the facility is completed. This certificate aims to formalize the carbine phase and create more legal certainty for developers and investors.
Meanwhile, for state projects in areas where the initial registration of properties has not been completed, public institutions will be able to continue the procedures by submitting declarations of responsibility or documentation for ongoing expropriation processes.
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