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Spatial planning
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The activity includes the elaboration of spatial planning documents and the provision of related services which, on the basis of development guidelines, taking into account the public interests of environmental protection, nature conservation, the protection of animals and natural goods, the protection of property and the protection of cultural heritage, serve for the planning of land development and spatial planning system.
The aim of spatial planning is to facilitate harmonious spatial development.
The economic operator must be duly registered, have liability insurance for damages taken out, may not be subject to bankruptcy proceedings and must provide a certified spatial planner.
In carrying out their activities, economic operators must act in accordance with good business practices as defined in the Code of good business practices adopted by the Chamber.
Applies for SKD:
- Landscape architecture, urban and other planning M71.112
Conditions
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Applicants who wish to pursue this activity must register the business activity, and have the appropriate legal status.
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Only persons entered in the register of certified architects at the Chamber of Architecture and Spatial Planning of Slovenia (ZAPS) may use the professional title of certified spatial planner in any form of official communication.
Professional tasks of a certified spatial planner include:
- managing the elaboration of spatial planning documents
A certified spatial planner is a person who fulfils the prescribed requirements and is entered in the register of certified architects at the Chamber of Architecture and Spatial Planning of Slovenia (ZAPS). By entry in the register, they become a member of the professional chamber.
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The economic operator shall provide professional staff as follows:
- they must conclude a full-time employment contract or a part-time employment contract in special cases in accordance with the act governing employment relationships with at least one certified engineer.
- or the shareholders holding at least half of the shares in the company must be certified architects or engineers, or
- one of the certified architects or engineers is at the same time the management body of the economic operator that meets the requirements for the pursuit of architectural and engineering activities
- or a natural person who independently carries out architectural or engineering activities on a full-time or part-time basis in special cases in accordance with the act governing employment relationships is itself a certified architect or a certified engineer.
Legal basis
Administrator of Legislation
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Insurance against liability for damages that might be incurred by an investor or a third party in connection with the pursuit of architectural and engineering activities may be concluded as:
- a comprehensive guarantee, which shall be renewed annually; or
- as collateral for a particular transaction falling within the scope of the economic operator’s activity.
The insurance shall cover the liability for negligence resulting in damage or material defect and including among direct material damage (damage and destruction) also the costs directly required for the elimination or prevention of damage without the occurrence of any actual damage.
The damage that must be covered by insurance also includes:
- damage in the form of a reduction in the value of the business transaction or construction, and
- other damage resulting from a claim made by an investor or a third party.
The liability insurance must cover the damage for actions taken during the period of insurance or for actions for which a loss event notice has been filed during the period of the insurance.
The insurance amount for all insurance cases in a given year or for an individual transaction, if the insurance is taken out for a particular business operation, shall not be less than EUR 50,000.
The insurance policy must contain the following:
- the names of the certified architects and engineers covered by the insurance, or
- the general clause that the liability insurance covers all certified architects and engineers in the economic operator.
Insurance may also take the form of collective insurance through the Chamber.
Evidence
Proof of liability insurance shall be a document showing that liability insurance was established in the Republic of Slovenia or in a state party, under the condition that such insurance covers any damage caused in the Republic of Slovenia.
The competent authority shall accept as sufficient evidence a certificate to that effect issued by a bank or insurance undertaking of the Contracting State of origin. Where the competent authority has reasonable doubt as to the validity of older evidence, it may request that evidence not be older than three months.
Legal basis
- Architecture and Civil Engineering Act (ZAID)
- Act Regulating the Procedure for the Recognition of Professional Qualifications for Practising Regulated Professions (ZPPPK)
Administrator of Legislation
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The natural or the legal person is not subject to bankruptcy or liquidation proceedings.
Cross-border/temporary provisions of activity
A provider established in a Contracting State who qualifies for the lawful carrying out of activities in a Member State may carry out the activities falling within the description of the professional tasks of certified spatial planners, provided that:
- they have liability insurance taken out for damage incurred in the Republic of Slovenia
- they ensure the participation of a certified spatial planner