CONSTRUCTION PERMITS AND OTHER LICENSES

Constructions in Macedonia are categorized in first category constructions and second category constructions; thus differentiating the relevant body for issuing construction permit. Practically construction of these objects cannot commence without obtaining a construction permit, and constructions and parts of constructions built without construction permit shall be considered unlawful constructions.

The parts of the construction built contrary to the verified project and the construction permit shall constitute a basis for nullity of the construction permit.

The construction permit shall cease to be valid if the investor does not commence the construction process within a period of two years as of the day the construction permit became legally valid. In such cases, the relevant body that has issued the construction permit shall adopt an act for nullity of the approval which shall be submitted to the body responsible for keeping the public book for inscribing the rights to immovable property and it shall constitute a basis for deletion of all the comments and preliminary registrations related to the real estate. However, if the building of the construction has commenced upon expiry of two years, it shall be considered that the building is unlawful.

Prior to commencement of the construction process, the investor shall be obliged to report the commencement of the building, in writing, to the body issuing the construction permit, the construction inspection and the labor inspection. In this notification, the investor shall be obliged to state the contractor and the supervisory legal entity having appointed a supervisory engineer, and for constructions intended for individual housing with gross developed area of up to 300 m2, it shall not be mandatory to state the supervisory legal entity and the appointed supervisory engineer in the notification. If, in the course of the construction process, the contractor or the supervisory legal entity, i.e. the appointed supervisory engineer is changed, the investor shall be obliged to notify the relevant body within a period of seven days following such change.

The first category constructions are constructions significant for the Republic and the construction permit thereof shall be issued by the state administrative body responsible for carrying out the activities related to land development – Ministry of Transport and Communications.

First category constructions shall be: nuclear power stations, thermal power stations and hydro power stations with capacity of and exceeding 1 MW, long-distance transmission lines with voltage level of 35 KW and above, constructions for generation of electrical energy from renewable sources with capacity exceeding 1 MW, transformers with voltage level of 35 KW and above, oil pipelines, refined products pipelines, backbone gas pipelines, backbone thermal pipelines, gas pipelines measuring stations, state roads, service areas on the state roads determined by law, railway lines, railway stations at railway lines, airports, dumps for hazardous waste, dams with accumulations, constructions for mineral and chemical industry, constructions for the ferrous and non-ferrous metallurgy, constructions for manufacturing wood pulp and paper, constructions for processing leather and fur, constructions for processing rubber, gunpowder and explosive ammunition, constructions for storage of explosives, warehouses for oil derivatives, natural gas and LPG with storage capacity of 1.000 tones and above, constructions for protection against landslides, constructions that might endanger the environment, constructions for the needs of the state bodies and the agencies and funds established by the Republic of Macedonia, constructions for the needs of legal entities fully or predominantly owned by the Republic of Macedonia, constructions for diplomatic and consular offices and for international organizations, tourism development zones and the constructions therein, industrial and green zones established by the Republic of Macedonia and the constructions therein, free health zones and the constructions therein, technological industrial development zones established by the Government of the Republic of Macedonia and by legal entities and the constructions in these zones, constructions for higher education purposes, observatories, national cultural institutions, constructions considered protected immovable cultural heritage in accordance with the law (separate goods, monumental wholes without the contact zones and archaeological sites), memorial monuments, constructions intended for tertiary health protection, telecommunication centers for receipt of satellite signals, constructions for the needs of the border crossings, constructions of special interest (except individual housing facilities) planned by the urban planning documentation, regional water supply and sewage systems with treatment systems, regional dumps, aerial cableways, constructions planned on the area of two or more municipalities, constructions that contain installations for generation of thermal energy, lake and river harbors, stadiums and sports halls with capacity of more than 10.000 spectators.

The second category constructions are constructions of local significance and the construction approval thereof shall be issued by the mayor of the municipality, i.e. the mayors of the municipalities in the city of Skopje.

Second category constructions shall be: constructions intended for primary and secondary school education, constructions in the field of culture, constructions for the needs of the bodies of the municipalities, the municipalities in the city of Skopje and the City of Skopje, industrial and green zones established by the municipalities, the municipalities in the city of Skopje and the constructions therein, constructions intended for the primary and secondary protection, constructions for the needs of the religious communities, industrial constructions, economy constructions, business constructions, residential and business constructions, constructions for individual housing, constructions for individual housing planned by the urban planning documentation for constructions of special interest, weekend cottages, constructions for collective housing, constructions for the needs of the agro-exchange markets, trade centers, hotels, recreational centers, constructions for scientific and research activity, multi-floor parking lots, markets, municipal roads, accompanying service facilities on the municipal roads and streets defined by law, electronic communication networks and devices, thermal and hydro power stations with capacity of up to 1 MV, windmills, constructions for generation of electrical energy from renewable sources with capacity of up to 1 MW, photo-power panels for generation of electricity installed on ground, long-distance transmission lines with voltage level of up to 35 KV, transformers with voltage level of up to 35 KV, warehouses for oil derivatives, natural gas and LPG with storage capacity of up to 1.000 tones, secondary gas pipeline, secondary thermal pipeline, tram rails, constructions for fire protection, constructions for veterinary protection, kindergartens, constructions in national parks areas and forest parks, constructions for separation of materials for production of concrete, concrete base, asphalt base, local water supply and sewage systems with treatment systems, constructions serving for protection and promotion of the natural heritage (information centers), damps for internal waste (waste from a construction site) and dumps for non-hazardous waste, mines and constructions for the needs of the mines, auto camps and constructions for the needs of the auto camps, facilities for waste storage, treatment and/or recycling, intercity bus stations, zoos, stadiums and sports hall with capacity less than 10.000 spectators, irrigation and drainage systems, ground level swimming pools for public use, public parks, public parking lots and ski-lifts.

If the urban plan or the state, i.e. the local urban planning documentation anticipates multifunctional construction that includes first and second category constructions, the construction approval shall be issued by the state administrative body responsible for carrying out the activities related to land development.

As an exception to the above mentioned, the construction permit for the constructions in the technological industrial development zones established by the Government of the Republic of Macedonia and by legal entities, which are constructed by the lessees and the owners of the land in the technological industrial development zones (except for infrastructure facilities in the zone, which are constructed by the entities – public service providers in charge of construction of electro – technical, water supply, sewage, gas and telecommunication infrastructure), for the constructions in the free health zones, as well as for the constructions in the industrial and green zones established by the Government of the Republic of Macedonia which are constructed by the owners of the land in the industrial and green zones, shall be issued by the Directorate for Technological Industrial Development Zones, in a manner and procedure determined by the Law on Technological Industrial Development Zones (Закон за технолошко индустриски развојни зони), that is, the Law on Industrial and Green Zones (Закон за индустриски и зелени зони), and for the constructions in the technological industrial development zones (except  for the infrastructure facilities in the zones, which are constructed by the entities – public service providers in charge of construction of electro – technical, water supply, sewage, gas and telecommunication infrastructure) for which a contract for public private partnership is concluded, the construction approval shall be issued by the Ministry of Economy in a manner and procedure determined by the Law on Technological Industrial Development Zones (Закон за технолошко индустриски развојни зони).

Copy of the legally valid construction approval that is brought by the state administrative body responsible for carrying out the activities related to land development that is, the Directorate for Technological Industrial Development Zones that is, the City of Skopje shall be submitted to the local self-government unit where the construction is going to be built, within a period of five days as of the legal validity of the construction approval.

The investor shall be obliged to build the first category and the second category constructions within a period not longer than ten years. The procedure for obtaining a construction permit is in accordance with the provisions of the Law on General Administrative Procedure (Закон за генерални административни процедури), and is initiated by submitting e-request to the relevant body, stipulated above.

The following documents are delivered along with the request for construction permit:

–       Architecture and urban project, verified by a competent body, if the urban plan or the urban planning documentation anticipates preparation of this project, that is, an infrastructure project in the case of linear infrastructure constructions; 

–       Basic project, including a report for audit of the basic project or a written report with consent to the validation of the basic project, if it is prepared abroad, as well as a positive opinion on the designed level of mechanical endurance, stability and seismic protection of the construction;

–       Draft project if it has not been previously submitted and approved in accordance with Article 48-a of this Law;

–       Proof of the construction right;

–       Land survey report for numeric data on the construction land.

The construction permit shall be issued within a period of five working days as of the submission of the proof of paid compensation for construction land development, i.e. as of the day of conclusion of the contract for the manner of payment of the compensation or the contract that establishes that the investor is to develop the land on its own expense, i.e. as of the day of adoption of the act pursuant to which the investor is exempted from payment of the compensation or as of the day of submission of the bank guarantee for payment of the compensation or submission of a proof of given mortgage for the benefit of the municipality. 

Proof of the construction right, shall be considered:

a.        A property certificate containing the entered right to ownership or right to long-term lease or right to easement of the construction land, which is an integral part of the land survey for numerical data of the construction land;

b.       A contract for transfer of the right to construction on the relevant construction land;

c.        A concession contract or an agreement for public private partnership;

d.       A decision of the Government of the Republic of Macedonia whereby a state body, agency or fund established by the Government of the Republic of Macedonia, legal entities fully or predominantly owned by the Republic of Macedonia or a local self-government unit acquire the right to construction,

e.        A contract with the union of owners of separate parts of the facility or a written consent from the majority owners of separate parts of the facility which constitute more than half of the total area of the facility, who hold property certificates for the separate parts of the facility, in case of extension or superstructure of buildings in floor ownership;

f.        A decision of the council of the municipality, the council of the municipality in the city of Skopje, that is, the City of Skopje, in case of extension or superstructure of a facility,

g.       A statement of the investor confirming that it assumes the obligation to regulate the property rights issues in the course of construction and that they shall be fully regulated by the time of submission of the application for approval for use, that is, by the time of preparation of the report for completed technical control by a supervisory engineer, in the cases of construction of linear infrastructure facilities such as state roads, local roads and streets, water supply and sewage systems, railway lines, gas pipelines and long-distance transmission lines, refined products pipeline, thermal pipeline, oil pipeline, aerial cableways, constructions for generation of electrical energy from renewable sources, irrigation and drainage systems, ground level swimming pools for public use, constructions considered protected immovable cultural heritage in accordance with the law, as well as for constructions for the needs of state bodies, agencies or funds established by the Government of the Republic of Macedonia and legal entities that are fully or predominantly owned by the Republic of Macedonia, where the property rights issues for the entire constriction parcel are not settled, and

h.       A property certificate containing the entered right of ownership of the Republic of Macedonia, or a final decision for expropriation or a property certificate with inscribed right of ownership or right to a long-term lease or right of easement of the construction land, in case of building linear infrastructure constructions, which is an integral part of the land survey for numerical data of the construction land.

Also, the Law on Construction (Закон за градење) prescribes that audit of the basic project and supervision of the building of the construction shall not be mandatory for constructions intended for individual housing with gross developed area of up to 300 m2, and the contractor shall be obliged to give a statement verified by a notary under full material and criminal liability, to confirm that the facility is built pursuant to the construction permit and the basic project or the as-built project.

The investor may commence the building of the construction based on a legally valid construction permit. As an exception, the investor may commence building the construction, on its own responsibility and at its own risk, based on a final construction permit.

If the construction permit is not legally valid because the appellant has initiated an administrative dispute, and the investor has not commenced the building of the construction before the construction permit became legally valid, the investor shall have right to claim damage compensation and compensation for lost profit from the appellant, if the lawsuit and/or the appeal are denied by the relevant courts as unfounded and/or not-allowed.

*Alterations to construction

During the construction process, the construction may be altered if the alterations do not affect the fulfillment of any of the basic requirements for the construction and does not alter the conformity of the construction with the parameters of the urban plan, the state, that is, the local urban planning documentation, the urban planning documentation for tourism development zone, the urban planning documentation for auto camp, or the infrastructure project. In order to make alterations, the investor shall be obliged to submit a request attaching the supplementation of the basic project with an audit report of the supplementation of the basic project to the relevant body which has issued the construction permit.

The relevant body may reject the request by decision, should it determines that the requested supplementation of part of the basic project alters the conformity of the construction with the parameters of the urban plan or the state, that is, local urban planning documentation or the infrastructure project, or disturbs the mechanical endurance, stability and seismic protection, or a negative opinion is submitted, that is, no consent is granted.

On the other hand, if the investor is changed in the course of the construction process, the new investor shall be obliged to notify the body responsible for issuance of the construction permit and attach a proof of investor status to the notification. The status of a construction investor of the new investor, by a decision, shall be recognized only if, by assuming the construction right, it assumes the rights and obligations of the previous investor towards the participants in the construction process (construction manager, legal entities for design, audit, supervision, and contractor), as well as if it assumes the rights and obligations that the previous investor had as a result of concluded mortgage contracts and other legal acts for trade of the construction or parts of the construction entered in the certificate for preliminary registration of the construction, or after the construction is completed, it shall not be issued an approval for use of the construction on its name, i.e. a report for a completed technical control by a supervisory engineer shall not be prepared. Also in such case the supervisory engineer must not prepare a report for completed technical control, and for constructions for individual housing with gross developed area of up to 300 m2, the contractor must not give a statement that confirms that the facility is built in line with the construction permit and the basic project or the as-built project. The competent body for issuing the construction permit shall be obliged, within a period of 15 days as of the day of receipt of the request, to determine whether the legal requirements for a change of investor are met and to adopt a decision for a change of investor or a decision rejecting the request. The amendments in the acts issued by the competent bodies with regard to the construction process, resulted from the changes in the legal relations of the participants in the construction processes particularly with regard to acquiring the right to construction, ownership of construction and assuming the rights and obligations from the investor shall be performed only on the basis of confirmed legal actions or final acts of state bodies, suitable for entry of the rights to real estate in the public book of immovable property, by registering. The change of investor may be submitted until the issuance of the approval for use, that is, until the preparation of the report for completed technical control, and for constructions for individual housing with gross developed area of up to 300 m2, before the statement is given by the contractor confirming that the facility has been built in accordance with the construction permit and the basic project or the as-built project.

* Permit for pre-construction activities

If necessary, pre-construction activities may be carried out for building constructions. Pre-construction activities shall be carried out upon obtained permit for pre-construction activities. The investor or the contractor shall file a written application for obtaining permit for pre-construction activities. On the basis of the permit for pre-construction activities, the construction site shall be organized by setting up constructions to be used in the process of building the construction. Project for pre-construction activities, consents, opinions and proofs of settled property right relations for the land where the facilities for pre-construction activities are to be set up shall be submitted along with the application.

Constructions for carrying out pre-construction activities shall be:

–               Fence, for fencing off the construction site,

–               Asphalt base, separation of aggregates, machinery for concrete production,

–               Pylon and transformer station necessary to be built in order to supply power to the construction site,

–               Installation for supply and drainage of water,

–               Facilities for accommodation of workers and for storing construction products,

–               Warehouses for storage of flammable liquids and explosives;

–               Other facilities necessary for building the construction.

Such constructions shall be temporary and shall not be projected in the urban plan, and the contractor shall be obliged to remove them and to develop the land accordingly until the application for approval for use is filed at the latest. If the investor does not obtain a construction permit within a period of one year as of obtaining the permit for pre-construction activities, the obtained permit shall cease to be valid and the contractor shall be obliged to remove the set facilities for pre-construction activities forthwith and to develop the land accordingly.

*Constructions for which construction permit is not necessary

Construction permit shall not be necessary for the following constructions:

– Measuring stations for protection of the environmental media,

– Temporary facilities set up for researching purposes (facilities for carrying out research measuring, natural resources, measuring stations for wind, sun, air, drills, excavations and alike), where there is a decision of a competent body, for a period of three years at the most, after which they should be removed,

– Facilities serving for hail protection and signalization in the air traffic,

– Non-categorized road that serves for forest management and using other natural resources, approved by a special regulation,

– Monuments, memorials and sculptures,

– Tomb and tomb monuments, within the boundaries of the cemetery, defined by the urban plan,

– Constructions enabling and facilitating the movement of persons with disabilities to and within the construction,

– Upon installation and replacement of equipment in a construction that is used for expansion of the capacity of the construction, and which does not alter the purpose of the construction and the premises where the equipment is stored, nor it alters the general terms and conditions for protection and rescue, anticipated by the basic project for the construction – telecommunications equipment for internal audio and visual transfer, equipment serving for protection of the construction from thefts, protection and rescue,

– Fences,

– Electronic communications equipment for audio, visual transfer and transfer of other data set up in facilities for which approval for use is issued;

–  Advertising and information billboards set up on facilities;

–  Supporting walls;

–  Accompanying constructions of a housing facility or another type of facility, built on a same urban parcel (garage with gross developed area of up to 50 m2, pantry, septic tank and alike);

– Swimming pools at ground level for individual use,

– Temporary constructions for the needs of the Directorate for Technological Industrial Development Zones that are built in the technological industrial development zones,

– Open and closed sports fields,

– Sports halls having a gross developed area of up to 1500 m2,

– Measurement and junction boxes for electrical energy and low-voltage cables,

– Fiber optic cables, fiber optic cables in sewers and cable sewers for fiber optic cables,

– Temporary constructions for accommodation of workers during building industrial facilities and linear infrastructure constructions,

– Underground containers for communal waste,

–  Accompanying facilities at the cemetery (mortuary, crematories, special facilities for combustion of waste and other waste products from the cemetery, sanitary facilities, wells with industrial water, and shops for selling candles and flowers,

–  Railway stations the construction of which is financed by funds from the European Union or another international organization,

– Equipment for automatic regulation of a passage above existing railroad lines and installations for automatic traffic monitoring and management of existing railway lines,

– Photo-power panels for generation of electricity having the maximum capacity installed of up to 1MW that are installed on constructions,

– Electronic information and advertising panels (having an area of over 30 m2 and construction elements) that are set in public areas,

– Beaches and accompanying facilities that are built on land and water area, within the boundaries of an area planned for a beach,

– Pedestrian paths,

–  Underground wells with linear systems in function of the wells,

–   Electronic communication equipment for monitoring and regulation of the traffic in existing streets.

If you need any further information and advice regarding the published, please feel free to contact us here.

Source of the published regulations: www.slvesnik.com.mk

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