Slovenia

National procedural frameworks

Building Act

Building Act /Gradbeni Zakon (herein GZ)	National Gazzete of Republic of Slovenia (Nr. 61/17; 02.11.2017) Uradni list RS (št. 61/17; 02.11.2017)
Summary	The Building Act regulates the conditions for the construction of facilities and other issues related to the construction of facilities. The purpose of this Act is the protection of the public interest in the construction of facilities. The term public interest includes safety of buildings, respect for the principle of equal opportunities, environmental protection, nature conservation, water protection, protection of cultural heritage, promotion of sustainable construction, compliance of the placement of buildings in the area, architecture as an expression of culture, monitoring, usability, efficiency, quality of facilities and their compliance with the environment through the entire life cycle. The purpose of this Act is realized through design, authorization, construction, use, maintenance and inspection phases of the construction process. The competent authorities in the construction of facilities and all participants in the construction of facilities are obliged to ensure that the requirements referred to in the Building Act are fulfilled within the limits of the rights and obligations laid down by the regulations.
Main provisions	Part 1: Chapter II: Conditions for initiating construction and commissioning processes Chapter III: Provisions on jurisdiction of the decision-making bodies in construction authorization procedures Chapter V: Provisions for the participants in the construction of buildings: general requirements for participants in the construction of buildings; and specific requirements for each participant/stakeholder group – investors, project manager, supervisor, contractor) Part 2: Principal and other conditions for buildings (Article 15-28) Structural Fire safety Health, safety and environment Safety of use Noise protection Energy efficiency Universality Sustainability Part 3: Project development Provisions for: Project documentation and Processes for obtaining project conditions. Project documentation needs to be developed in accordance with corresponding regulations of professions involved in project documentation development (architectural, engineering, project management, inspection, landscape architecture, mechanical, technical etc.). Documentation needs to be developed in Slovenian language. These regulations are mentioned in section 3 below. Part 4: Building permit request Chapter I: Information on conditions for construction process and pre-construction permit. Chapter II: Provisions for the process and conditions for issuing a building permit. Chapter III: Provisions for shortened building-permit issuing process. Chapter IV: Provision for integrated issuing process for building permit and environmental impact assessment for projects with environmental impact. (Articles 50-59). Part 5: Construction implementation provisions (project plan for construction implementation, construction supervisor appointment, registration of the start of construction, etc.) A competent supervisor needs to continuously follow the construction process and terminate it in case of non-compliance with the project plan. Part 6: Provisions for obtaining a building operating permit (process, technical assessment, trial operation) Part 7: Provisions for inspection process, measures, execution of inspection measures and sanctions when failing to meet inspection requirements Part 8: Penalty measures for not meeting given legislative standards and provisions Part 9: Provisions for transitional and final decisions on legislative procedures previously governing construction activities
Information important for WH utilization process (specific information to permissions and documents)	Table:Procedures and permits required under national building Act for project implementation, relevant for waste heat projects
Link:	Building Act: Gradbeni zakon (GZ)

Spatial Act

Spatial Act / Zakon o urejanju prostora (ZUreP-2)	National Gazzete of Republic od Slovenia (Nr. 61/17; 02.11.2017) Uradni list RS (št. 61/17; 02.11.2017)
Summary	This legislation defines goals and principles and determines the regulations and rules on spatial planning and management. It defines spatial management measures, instruments and measures of spatial politics, and administers the working of spatial information system and issuing of certificates in the field of spatial planning.
Main provisions	The purpose of Slovenian Spatial Act is to regulate and direct spatial planning to achieve sustainable spatial development with a balanced management of social, environmental and economic factors. The Act’s provisions are aimed at: Spatial protection as a natural resource Development and delivery of spatial acts Enabling quality living and healthy environment Universal access to public infrastructure Enabling polycentric development system of settlements Enabling urban development of cities and citywide areas Preserving and creating recognisable spatial features Creating and preserving diversity, quality and recognition of areas Providing for sustainable land use for current and generations to come Contributing to climate change adaptation Creating conditions for reduction and prevention of natural disasters Contributing to the national protection
Information important for WH utilization process (specific information to permissions and documents)	Spatial Act defines spatial regulations, which in turn define the conditions of land’s purpose and use. Waste heat projects will likely need to obtain land for construction of waste heat utilisation premises. The construction of a building (complex or simple) will need to be in accordance with conditions determined under spatial acts for the specific piece of land considered to be used for the project. ZUreP-2 is the legal basis for spatial planning. This includes national, regional and municipal spatial plans. These spatial plans contain information about land use conditions, including whether construction is permitted at a given location and whether any special conditions apply (protected area for nature, water etc.; protection corridors for road, power grids, gas infrastructure etc.). This information is key to establishing whether given location is suitable for waste heat project implementation. Usually the information required for projects will be obtained from local authorities, based on Municipal spatial Plan or Detailed Municipal Spatial Plan. With projects of national significance, the National Spatial Plan will apply.
Link:	Spatial Act: Zakon o urejanju prostora (ZUreP-2)

Architectural and engineering profession Act

Architectural and engineering profession Act (ZAID)	National Gazzete of Republic od Slovenia (Nr. 61/17; 02.11.2017) Uradni list RS (št. 61/17; 02.11.2017)
Summary	This Act defines conditions for the performance of professional tasks related to architecture, engineering, landscape architecture, and spatial planning. The professionals need to be registered with the Chamber of Architecture and Space (ZAPS) and/or Chamber of Engineering of Slovenia (IZS) to gain professional authorization for respective project work.
Main provisions	The architectural and engineering profession Act regulates and authorizes 4 key architectural and engineering professions: architects, engineers, spatial planner and landscape architects. Authorized professionals are members of the Architectural and Engineering chamber respectively and are listed on the respective Chamber’s list of professionals. The Act recognizes the competence of authorized professionals and protects it. The Act also contains provisions on duties and responsibilities of listed professions that authorized professionals need to achieve prior to and during their work.
Information important for WH utilization process (specific information to permissions and documents)	Based on the provisions of the Slovenian Building Act, there is a requirement that demanding and less-demanding construction projects need to engage authorised professionals for the development and delivery of building project documentation. This at a minimum includes an authorised architect and authorised engineer, with further professional support as needed depending on the type of the project. Furthermore, relating to Chapter V. of GZ the lead project manager and official project supervisor need to comply with conditions stated in ZAID.
Link:	Architectural and engineering profession Act (ZAID)

Planning of an investment

Planning phase

planing phase1

Timeframe	Responsibilities / short info
NA	Spatial Plan Request for spatial information for project location (optional) Administration Unit is required to provide assistance to an investor before they enter the administrative procedure to obtain a building permit. This includes information on land-use and other site-specific conditions as defined in the Municipal Spatial Plan.
NA	Project documentation needs to be developed by registered, qualified architectural (ZAPS) and engineering (IZS) professionals within regulations of a given profession (Architectural and Engineering Profession Act – ZAID). Depending on the type of a project this will at a minimum include architectural and engineering plans as well as any other necessary plans such mechanical, electrical, technology plans, etc. The plans need to be developed in Slovenian language.
15 to max 60 days	Project condition Under new GZ, project conditions are given by competent opinion-makers for relevant public infrastructure services. This includes water/waste water and power supply services, land use related conditions, special conditions (protected areas) and alike. The opinions are formed based on existing infrastructure status and respective policies controlling these sectors. The opinions are free of charge.
	Pre-building permit request (optional) based on conceptual design This permit can be obtained from local authority where a project is based. It represents a way of obtaining relevant project conditions information and opinions prior to applying for building permit. Once the building permit is obtained the pre-building permit becomes void. Enters into practice In June 2018
2 – 3 months (with all supporting documentation supplied)	Building Permit Request For construction, reconstruction, removal or the change of buildings purpose a building permit is needed. Depending on the type of project, supporting documentation might be needed such as: Project plans/designs Proof of the right to build Statement on services contribution method Official opinions of opinion makers. Conditions for obtaining a building permit are set out in GZ Article 43 - 46.
	Integrated process for issuing building permit and environmental impact assessment for projects with environmental impact. (Articles 50-59). More details in the Environmental permits section.

Implementation of an investment

Environmental permits

In Slovenia, the procedures for obtaining environmental permit varies significantly depending on the type and scale of waste heat recovery projects. For the use of technologies (such as for example heat exchangers) that can be easily integrated within the existing premises the procedures are simplified (usually no environmental are required) while for larger project requiring the construction of premises the procedures are complex and a number of permits are required (building permit, integrated permit-including environmental and building). In the chart below we list legislative documents that regulate environmental protection issues and are relevant to consider when designing a waste heat utilization project of scale.

1) What provisions regulate waste heat utilization activities in project partner's country?	Relevant provisions are: Provision for integrated issuing process for building permit and environmental impact assessment for projects with environmental impact. (Articles 50-59). In the integrated process, a building permit is issued that includes combined building and environmental permit The integration procedure follows the provision set out in the Part 4 of the Building Act. The building permit request needs to also include environmental impact assessment report, developed in accordance with regulations of environmental Act (ZON-UPB2).
2) What legislative instruments cover area of environmental protection? Please, provide a list of the instruments, regulations?	Building Act - Gradbeni zakon (GZ); Uradni list RS (št. 61/17; 02.11.2017) Environmental Act - Zakon o varstvu okolja – ZVO-1 (Uradni list RS, št. 41/04 z dne 22. 4. 2004) Nature Protection Act - Zakon o ohranjanju narave (ZON-UPB2), Uradni lis RS, št. 96/2004; 30.8.2004 Regulation on special protection areas - Uredba o posebnih varstvenih območjih (območjih Natura 2000) (Uradni list RS, št. 41/04 z dne 22.4.2004) Regulation on the content of impact assessment report and it’s development - Uredba o vsebini poročila o vplivih nameravanega posega na okolje in načinu njegove priprave (Uradni list RS, št. 36/09 in 40/17). Rules on the assessment of the acceptability of the effects of the implementation of plans and interventions on nature in protected areas - Pravilnik o presoji sprejemljivosti vplivov izvedbe planov in posegov v naravo na varovana območja (Uradni list RS, št. 130/04, 53/06, 38/10 in 3/11)
3) What provisions lay down the conditions under which permission is granted and thresholds for specific WH projects?	Project documentation needs to be developed in accordance with the provisions of the Building Act, Environmental Act and Nature Protection Act. Building Act lays down the provisions for integrated procedure for building permit. Environmental Act and Nature Protection Act set out provisions for the development of environmental impact assessment process and report. Regulation on the content of impact assessment report and it’s development set’s out provisions for the impact assessment reporting. Depending on the project’s assessed impact an assessment of the acceptability of the projects effects might be needed. Main provisions on the rules for the assessment of the acceptability of the project is set out in the: Rules on the assessment of the acceptability of the effects of the implementation of plans and interventions on nature in protected areas.
4) Information to relevant regulatory authority giving the registration (e.g. specialized government body, certified laboratory for testing agricultural inputs, etc.)? Please, provide full titles and addresses of the institutions and describe their roles in the process.	Ministry of Environment and Space is amongst others in charge of construction, spatial planning and environment related matters. ARSO– Agency for Environment of Republic of Slovenia is amongst others in charge of environmental protection. Ministry for Infrastructure is in charge of amongst others energy related matters. New forms for integrated building and environmental permit are not yet available for public. When ready, they should be available at eUprava (Ministry for Infrastructure)

Timeframe	Documentation for building implementation (PZI)(Article 61)
Investor is required to register the start of construction 8 day prior the start of construction activities	Registration of the start of construction (PZG – prijava začetka gradnje) (Article 63) The investor will need to register the start of construction with a relevant authority. Enters into practice In June 2018
	Supervision (Article 13 of GZ) Supervision of construction is required for all except non-demanding projects. (Article 62) The supervisory body needs to have registered professionals (architects, engineers) at their disposal and shall not be engaged with the project in any other capacity but for the purpose of supervision. The supervisory body needs to ensure prevention of error and supervise the construction project within the regulations of Building Act. Obligations are set out in Article 64.
Information to relevant regulatory authority giving the registration (e.g. specialized government body, certified laboratory for testing agricultural inputs, etc.)? Please, provide full titles and addresses of the institutions and describe their roles in the process.	Ministry of Environment and Space is amongst others in charge of construction, spatial planning and environment related matters. ARSO– Agency for Environment of Republic of Slovenia is amongst others in charge of environmental protection. Ministry for Infrastructure is in charge of amongst others energy related matters. New forms for integrated building and environmental permit are not yet available for public. When ready, they should be available at eUprava (Ministry for Infrastructure)

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Slovenia

Building Act

Spatial Act

Architectural and engineering profession Act

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