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5. Construction permit

5.1. Required documents.  Procedure.  Validity

 

An issued construction permit is the second precondition for commencing the construction works.

 

For issuance of a construction permit the investor must submit an application to the respective authority, supported with the ownership title/construction right documents, the visa (if applicable), preliminary agreements with the utility companies, three copies of the valuated project design, the environmental assessment (if necessary), along with the approvals of the controlling authorities (if applicable).

 

As per TDA, the permit should be issued within 7 days after the request.  The approved project design is an integral part of the construction permit.

 

The permit expires if construction works have not commenced within 3 years or if the core-and-shell construction has not been completed within 5 years of its issuance, but it can be revalidated within 1 year after it being expired against payment of 50 % of the fee due for a newly issued permit.

 

5.2. Appeals

 

The issuance of, or the refusal to issue, a construction permit by the chief architect of the municipality can be appealed by the interested parties before the regional branch of NCSD, within 14 days of them being notified thereof.  Determination of who are the interested parties depends on the scope of the construction project.  Such parties could be, for example, the owners of the land plot where the construction project is located or the owners of the neighbouring land plots.

 

The regional branch of NCSD is entitled also to execute an ex officio inspection on the issued construction permit within 7 days after its announcement.  Construction permits that have entered into force cannot be repealed.

 

5.3. Changes in the project design after the issuance of the construction permit

 

Such changes are allowed only if they are not substantial, and are reflected in the “as-built” documentation.  Substantial changes such as changes in: the type of structure; structural elements and/or loads; in the purpose of separate units in the buildings; the type and location of common installations in buildings; or the type, level or location of technical infrastructure or transportation networks, can be made only after a design thereof has been approved and the substantial change is entered in the already issued construction permit.