We have one Building Permit for construction of WTG and internal cable lines in the property. What is the deadline of this Building Permit according to the amendments of the Law on Spatial Planning (ZUT) (November 2012) Art.153, para.2?
Radostin Georgiev, Legal Advisor:
Under the provisions of the Spatial Development Act (ZUT), namely Article 153, paragraph 2, to maintain the validity of the issued building permit one must, within three years from the date of entry into force of the building permit, i.e. 14 days after the date of issue (unless there were an appeal within that period (according to article 149, paragraph 1 of the ZUT)) start a construction line, whether to build the foundations of wind turbines or to commence construction of the internal cable lines and/or other elements of the linear infrastructure.
If within the legally required three years you do not take any of these actions, the issued Building Permit will lose its legal action.
As an additional requirement to the abovementioned, if within five years from the date of entry into force of the issued building permit you have not built the foundations of wind turbines (shell stage) the Building Permit loses its legal action as well. As to the internal cable lines, there is a deadline only for their construction completion. This period is 10 years from the date of entry into force of your issued Building Permit.
The opening of the building line shall be attended by representatives of the authority issuing the Building Permit and the construction company, in order to certify the date of commencement of construction.
We want to draw your attention to the provisions of Article 153, Paragraph 3 of the ZUT, namely the possibility to re-certify a Building Permit that has lost its legal action within one year from the date of the event, i.e. “to reset” the terms and deadlines described above. For this purpose you are entitled to pay fee under the general procedure, but this time in a half-size (Article 153, paragraph 4 of the ZUT). When a Building Permit is not re-certified within that one year, the approval of the project loses its legal action.
To summarize and to answer your question, all of the terms set out in the provisions of Article 153, paragraph 2 of the ZUT should be complied with in order to maintain the validity of your Building Permit.
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