Construction

Construction - includes construction, installation, reconstruction, expansion, modification (change of destination), destruction of construction buildings, excluding the works for the maintenance of existing constructions and small works specified by municipal bodies with municipal directives, which have or have not temporary permit.

The construction is one of the sectors that activates almost all other economic sectors so it directly cooperates with more than 50 other economic activities, it has relations with them, uses their products or services, employs a great number of workers of different profiles or qualifications and it serves as an incentive for economic development of the country in general.

Like in most of the countries, if not in all of them, the construction is an activity that is subdivided into different categories such as: residential construction (habitation), industrial construction, infrastructure, public services, construction products, etc.

The field of construction is regulated by Law on Construction and other normative acts based on this Law.

The basic requirements that are related with construction are:

  • Mechanical sustainability and stability
  • Protection from fire
  • Hygiene, health and environment protection
  • Isolation from temperature, noise, and protection from vibrations.

The person, who carries out a construction is obliged to:

  • Build in accordance with construction permit, i.e. location license (approval), the conceptual project, respectively.
  • Provide all materials, equipment, attested construction products, in accordance with the construction law.
  • Not begin with works before the required projects and directives for the works are not present at the construction site.
  • Assign the chief construction engineer, who will be responsible for managing the construction or some parts of the construction.
  • Inform the investor about the shortages encountered during the construction process.

The licensed persons, who meet the criteria defined by Law of Construction and Administrative Directive nr 44, Protocol 05/05, are entitled to carry out the projection and professional overseeing.

The main project for private house contains:

  • Document from cadastral plan,
  • Architectonic project,
  • Construction project, and
  • Installation project.

Construction permit - is a document based on which the construction of a building may begin. It certifies that the main or the conceptual project was prepared in accordance with the regulation and predefined conditions that the construction building should meet on the specified location so that all preconditions for construction are fulfilled. The Law on construction (nr. 2004/15) determines the procedure of issuing a construction permit.

The construction permit is issued by the municipal institution, which is competent for construction works in the territory of which the building is constructed unless otherwise provided by the Law on construction or by a particular law. Whereas the Ministry of Environment and Spatial Planning (MESP) issues construction permit for these constructions: construction of intercommunication and telecommunication, energy plants, hydro-technical plants, industrial buildings, constructions for special purpose.

Construction without construction permit is not allowed the only exception being the situation when the construction was damaged because of the natural disasters, war, or other destructions. In this case, regardless of the extent of damage the construction can be restored to its previous position without a new construction permit, in accordance with the previous construction permit based on which it was built. The competent institution is obliged to provide professional help and oversee the construction works in accordance with the previous construction permit.

The required documentation for construction permit:

  • Proof of ownership or the right of using the property through the required documentation based on article 36 of law on construction,
  • Urban permit and any other required permit, in accordance with particular laws
  • Detailed draft-plan that includes requirements related to water, electric power, sewage, and review of consequences to natural and human environment
  • If there are no urban plans and the request is related to a private house, a statement is required from municipality about potential connection with technical infrastructure,
  • Auditor’s report in writing with particular emphasis on the review of the sustainability, stability, noise, isolation from temperature, and measure for energy savings.

The request for construction permit:

  • The investor should submit to the municipality the request in writing for the construction permit.
  • The request for construction permit should be submitted with supporting documentation in accordance with article 37.2 of the law on construction.
  • The technical documentation should be submitted in three copies.
  • The request should be signed by the investor or by the person authorized by him in writing. If the investor is not the owner of the parcel, the owner of the parcel should present the permit for the requested construction.
  • If more than one investor apply for a construction permit, municipality may request for the appointment of one representative, who would keep contacts with municipality; this person is responsible for complying with all the requirements of applicable laws.

The construction permit should be issued in writing not later than 30 days after the request for construction permit. The deadline may be extended to 30 additional days if the project faces great difficulties.