Building Land Act.

This Law defines rules and terms regarding the management and use of building land, public economic infrastructure and built public property, as well as the conditions for managing of what is considered as building land on the territory of the Republic of Slovenia.
Undeveloped building land is a plot of land in an area designated by the spatial plan for the construction of buildings. Built-up building land is a plot of land in the area designated by the spatial plan for the construction of buildings, on which the building is built. Public infrastructure are facilities and networks that are directly intended for the implementation of economic public services in the field of communal and water management, environmental protection, energy, transport and communications and other facilities, if so provided by law. Public infrastructure is also communal facilities, the use of which is intended for everyone under the same conditions, such as streets, markets, playgrounds, parking lots, cemeteries, parks, green spaces, recreational areas and the like. Ownership and other rights on building land are exercised in accordance with their purpose, determined by the spatial plan and in accordance with related legislation. Funds for the management of building land for the public benefit shall be provided in the municipal budget. Building land management includes: acquisition, sale, exchange and rental of land for construction; construction of public infrastructure, which ensures the usability of land according to its purpose (equipment of building land). Building land management is a mandatory economic public service. Several municipalities may establish a joint economic public service for the management of building land. Equipped building land is land for which connections to the following public infrastructure are provided: public water supply network; public sewage network, insofar as the construction of septic tanks is not permitted; public power grid; access to a public road. Construction of buildings is permitted only on equipped building plots. Until regulated by a special law, the land on which a water management or melioration facility is built is considered water land. Land subdivision is carried out at the proposal of the owner of such land. In the case of the sale of undeveloped building land, before concluding the sales contract, the parties to the contract must obtain a certificate stating that there is no right of pre-emption on the land that is the subject of the contract under this Act. The contract for the sale of undeveloped building land must be concluded in the form of a notarial document. The state also has the right of pre-emption on undeveloped building land, on which the construction of buildings for the needs of defense is provided for in the spatial implementation plan. Ownership or other real property rights in real estate may be taken away or restricted for the public benefit in accordance with the provisions of this Act. Expropriation is permissible if the public benefit determined by law cannot be achieved in another way. Expropriation is permitted in favor of the municipality or the state (also denominated as “expropriation beneficiary”). Expropriation is decided by the court in an informal procedure. Public benefit is demonstrated if the expropriation of real estate is necessary due to the construction of public infrastructure facilities or facilities for defense purposes, when such construction is determined by the spatial implementation plan. Expropriation for the benefit of the municipality or the state is also permitted due to construction for the needs of health, social care, education, science, culture, sports and public administration, as well as social and non-profit housing, when such construction is determined by the spatial implementation plan and if the competent municipal authority or the government specifically determines that the planned construction is for the public benefit. For the confiscated real estate, the expropriation beneficiary must provide the owner with another equivalent real estate or pay compensation. The expropriated person, whose position is significantly worsened due to the expropriation of part of his real estate, may propose the confiscation of the other real estate he owns in the area where the expropriation is taking place. When the property right on real estate that directly serves agricultural activity is taken away and the expropriated beneficiary offers to own an equivalent and suitable replacement real estate, the expropriated person cannot claim compensation in lieu of compensation in kind, except compensation for the costs related to the expropriation. Compensation for expropriated real estate includes the value of the real estate and the costs associated with the expropriation. The procedure for expropriation begins at the proposal of the beneficiary of expropriation. The municipality may sell or rent land without a public tender: for the construction of facilities for defense purposes; for the construction of public infrastructure facilities; for the construction of facilities for the needs of healthcare, social care, education, culture, science, sports and public administration; for the construction of social and non-profit and cooperative apartments and residential houses; for the construction of replacement buildings; for construction on land that is planned for a specific investor in the spatial implementation plan; for land that is necessary for efficient utilization or rounding up of building land; for land for which the public tender was unsuccessful twice; for the construction of facilities for the needs of justice.