An occupancy permit (uporabna dozvola) confirms that a building may be used for its intended purpose. Find out when it is required, which older documents count as an occupancy permit, what applies to houses built before 1968 and what to check before buying a house or apartment in Croatia.
When buying property, most buyers first look at the land registry extract, the price and the condition of the property. The occupancy permit often comes up later, for example when a bank asks for documents for a mortgage, when the building needs condominium registration or when the buyer plans to rent the property to tourists.
Since 1 January 2026 these rules have been governed by the new Croatian Construction Act (Official Gazette No. 155/25). The new act keeps the rule that a completed building may only be used once an occupancy permit has been issued, but it also lists a number of older documents that are treated as an occupancy permit. Whether a property "has an occupancy permit" therefore also depends on when and on the basis of which document it was built.
What is an occupancy permit?
An occupancy permit is an administrative decision by which the competent building authority confirms that a building has been constructed in accordance with its building permit. It is issued after a technical inspection, and only then may the building be used, put into operation or have a licence issued for carrying out a business activity under special regulations.
The law also states that a building may only be used in line with the purpose set out in the building permit. This matters when buying, because a space that is in practice used as an apartment, holiday unit or business premises does not necessarily have that purpose in its documentation.
An occupancy permit does not prove ownership. It relates to the legality of construction and the use of the building, while ownership, encumbrances and other rights are checked separately in the land registry.
1. When is an occupancy permit required?
An occupancy permit is required for every building or reconstruction carried out on the basis of a building permit. Once construction is completed, the investor submits an application with the prescribed documents, and the competent authority carries out a technical inspection to establish whether the building matches the permit.
For the reconstruction of an existing building, the new act provides that once an occupancy permit is issued for the reconstruction, the existing part of the building is also considered to have an occupancy permit.
In practice, an occupancy permit or a document that replaces it matters in several situations:
- when a building is recorded in the cadastre and the land registry,
- when a building undergoes condominium registration and apartments are registered as separate units,
- when a business activity is started in the property, for example providing tourist accommodation,
- when buying with a mortgage, as the bank may ask for proof that the property is lawful and fit for use,
- whenever the property is sold again, because the next buyer will ask the same question.
2. When is a new occupancy permit not needed?
A new occupancy permit is not needed if the building already has a document that the Construction Act treats as an occupancy permit. Under the transitional provisions of the act, these include:
- occupancy permits issued under the previous Construction Act,
- a final building permit or other relevant document issued before 19 June 1991, together with confirmation from the building inspectorate that no inspection procedure is pending,
- a certificate of use, a use permit and confirmation from the administrative authority that it has received the supervising engineer's final report,
- a decision on the as-built condition issued in the legalisation procedure, for a completed building,
- a certificate from the cadastral office that the building was recorded before 15 February 1968, issued before 31 December 2013, and a certificate from the administrative authority that the building was constructed before 15 February 1968.
A special rule applies to legalised buildings: a completed building for which a decision on the as-built condition has been issued is treated as a building with both a building permit and an occupancy permit. The legalisation procedure itself is explained in our guide to legalisation of houses and other buildings in Croatia in 2026.
No occupancy permit is issued for some of the structures and works that, under the minister's regulations, may be carried out without a building permit, such as regular maintenance. The regulations distinguish between works for which no occupancy permit is issued and structures built according to a main design for which an occupancy permit is still issued, so it is worth checking what the rules require for each specific case.
3. Occupancy permit for a house built before 1968
For older houses, which on the Makarska Riviera can be found both in historic town centres and in the hinterland, the key date is 15 February 1968. The Construction Act provides that a building constructed before that date is considered to have been built on the basis of a final building permit.
The construction date still has to be proven. This is done with an occupancy permit for a building constructed before 15 February 1968, issued by the building authority at the owner's request. The application must include an extract from the cadastral map and any evidence the owner has, and the authority establishes the construction date by examining state aerial imagery taken before 15 February 1968 or other official maps of the State Geodetic Administration.
If the house was extended later, the permit only covers what existed before 1968. A floor, terrace or annex added afterwards needs its own permit or a decision on the as-built condition.
For buildings constructed on the basis of a building permit or another construction document issued before 1 January 2014, the law allows a simplified occupancy permit. It is issued if the building matches the permit in terms of purpose, external dimensions, the shape and size of the building plot and its position on the plot. The permit itself states that compliance with the essential requirements for construction works was not examined before it was issued.
4. How is an occupancy permit obtained and how long does it take?
The application for an occupancy permit is submitted electronically through the eDozvola system, and all attachments are submitted in electronic form. For a new building these include, among other things, the building permit, the contractor's statements, the supervising engineer's final report, an as-built geodetic survey, a building maintenance programme and, where required, an energy performance certificate.
The competent authority must carry out the technical inspection within 30 or 15 days of receiving a complete application. If everything is in order, the occupancy permit is issued within eight days of the inspection. If the inspection finds defects that can be remedied without amending the permit, a deadline of no more than 90 days is set for fixing them.
For less complex buildings, meaning residential buildings with no more than two apartments and a gross floor area of up to 400 m², the technical inspection is simpler. It checks the purpose, maximum external dimensions, the shape and size of the building plot and the position of the building on the plot.
5. How much does an occupancy permit cost?
An administrative fee is paid for the issue of an occupancy permit, and the total cost depends on the type of building and the documents that need to be prepared. For older buildings, in addition to the fee, owners should expect the cost of a licensed surveyor for the as-built geodetic survey and, where needed, other professionals.
If the technical inspection takes place outside the seat of the competent authority, the investor also pays the travel costs and daily allowances of the representatives attending the inspection. It is therefore useful to ask for a cost estimate for the specific property before starting the procedure.
6. Occupancy permits for new builds and rental apartments
When buying an apartment in a new development that is still under construction, the investor obtains the occupancy permit once the works are completed. In this case the buyer usually signs a preliminary contract, so it is useful for the contract to clearly set deadlines for completion, the occupancy permit, condominium registration and handover of the apartment. Read more in our guide to the preliminary contract and real estate sale contract.
If you are buying an apartment to rent out, the occupancy permit or a document that replaces it is part of the documentation to check before buying. The Construction Act provides that a licence for a business activity may only be issued after the occupancy permit, and the legal usability of the property is also one of the conditions to check for apartment categorization.
What should you check before buying a house or apartment?
Before signing a preliminary contract or a sale contract, it is useful to check:
- whether the building has an occupancy permit or a document treated as one, and which authority issued it,
- whether the ownership section of the land registry contains a note that the occupancy permit was not submitted,
- whether the actual condition of the property matches the permit, especially the number of floors, extensions, the attic and enclosed terraces,
- whether the purpose stated in the permit matches how you plan to use the property,
- for an older house, whether there is proof that it was built before 15 February 1968 and whether this covers the whole house,
- for a legalised building, whether the decision on the as-built condition covers all the parts you are buying,
- for an apartment in a building, whether condominium registration has been completed and whether the description of the apartment matches its actual condition.
The land registry gives a good first signal. When a building is registered without an occupancy permit, the court enters a note in the ownership section stating that the permit was not submitted, and the law provides that in this case the usability of the building is not considered proven. Such a note does not necessarily mean the building is unlawful, but it does mean the relevant document should be requested and reviewed before buying.
For other questions worth asking the seller, see our guide What to Ask When Buying an Apartment.
Buying a house or apartment in Makarska and the surrounding area?
For old stone houses, apartment buildings and apartments in new developments, it is worth checking the construction and occupancy documents before the purchase reaches its final stage. Browse the current AB Adrion property offer and new projects or contact the agency for information about properties in Makarska and on the Makarska Riviera.
Frequently asked questions about occupancy permits
What does an occupancy permit look like?
An occupancy permit is a decision issued by the competent building authority, showing the name of the authority, a class number, a registry number and the date of issue. It contains details of the building and the cadastral plot and, for permits issued for older buildings, a note on what was not examined before it was issued.
Where do you get an occupancy permit?
The occupancy permit is issued by the building authority that issued the building permit, and the application is submitted electronically through the eDozvola system. If a permit already exists but the owner does not have a copy, it is best to request one from the authority that issued it.
How long does it take to get an occupancy permit?
The technical inspection is carried out within 30 or 15 days of a complete application, and the permit is issued within eight days of the inspection. The procedure takes longer if documents are missing or if defects are found during the inspection.
Does a house built before 1968 need an occupancy permit?
A house built before 15 February 1968 is considered to have been built on the basis of a final building permit, but the construction date has to be proven. This is done with an occupancy permit for a building constructed before 15 February 1968 or with a previously issued certificate that is treated as an occupancy permit.
Is a decision on the as-built condition the same as an occupancy permit?
A completed building for which a decision on the as-built condition has been issued is treated as having both a building permit and an occupancy permit. However, the decision only covers the condition it describes, and works carried out afterwards do not automatically become lawful.
Can you buy a house or apartment without an occupancy permit?
Buying is not prohibited, but the buyer takes on the risk that the building may later be difficult to register as condominium units, use for a business activity or sell. Before deciding, it is useful to check whether the permit or a relevant document can be obtained later and who will bear the cost.
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