СПЕЦИФИЧНОСТИ ПОСТУПКА ИЗДАВАЊА ГРАЂЕВИНСКЕ ДОЗВОЛЕ
Special Features of Building Permits Issuing Procedure

Summary/Abstract: The paper presents research results obtained by applying the standard corpus of legal methods, such as dogmatic, normative, teleological and axiological method. The goal is, first, to identify the characteristics of the procedure for issuing construction permits as a special type of administrative proceedings, and, second, to show whether they are the cause of reduced efficiency and effectiveness of this procedure. The authors have grouped the provisions of the Planning and Construction Act into smaller parts specific for the structure of the General Administrative Procedure Act. These units are: issuing authorities; parties in the process of issuing building permits; filing and contents of building permits; temporary construction permits and service of permits; finality, absoluteness and enforceability of building permits; and legal remedies. Some problems were dealt with separately: special cases of construction, or construction works without obtained building permit, and construction of buildings and works that do not require building permits. The paper proves that the Planning and Construction Act is a relatively well-formed and coherent system but that it is necessary to adjust the procedure of issuing building permits to the importance of objects that they going to be built. The authors conclude by stating that the problems in this special administrative area arise from the so-called accessory procedures, and that it is necessary to simplify the legal regime of urban planning and reduce the role of public enterprises in the process of obtaining building permits. To achieve this goal, it is necessary to change a number of specific sectoral Acts (which are listed in the conclusion of the paper), to introduce “one-stop shop”system for issuing building permits and to provide the capable local governments with more responsibility in this area.

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