Friday, May 09, 2025

The Free Settlements Act (ZSN-1) Proposal: A New Vision for Independent Living in Slovenia

Article 1: Purpose

This law establishes the conditions for creating Free Settlements, where individuals and families can freely, responsibly, and innovatively build their own homes without unnecessary bureaucratic obstacles.

Article 2: Definition of a Free Settlement

A Free Settlement is an area that:

  • is designated by a decision of the competent ministry,
  • is intended for individual construction for personal housing needs,
  • is limited to a maximum of 1,000 residents and no more than 300 residential units.

Article 3: Provision of Land

Land for Free Settlements is provided by the state from the fund of state forests and lands.

Settlements must be located within reasonable proximity to urban centers, generally no more than 30 minutes' drive from city centers.

Article 4: Accessibility of Free Settlements

The state must ensure that, in each statistical region, unoccupied land is available in Free Settlements sufficient to house at least 5% of the region's population.

Unoccupied land must be ready for allocation without additional spatial planning procedures.

Article 5: Right of Use

The right to use land is granted to an individual as a lifelong residential right.

This right can only be transferred to a legal partner or direct descendants, provided they continue to permanently reside on the plot.

The right of use is non-transferable to third parties and cannot be freely sold.

The user may, at their own request, exchange the right of use for land in another Free Settlement, with the consent of both parties.

Article 6: Priority Allocation

Priority is given to:

  • individuals who have completed military service for the Republic of Slovenia,
  • professional firefighters and rescuers,
  • housing seekers without property ownership.

Remaining land is allocated through a public call, without discrimination.

Article 6.a: Land Allocation by Lottery

If there are multiple eligible candidates in the same priority group for land in a settlement, the selection is made by public lottery.

The micro-location of individual plots within the Free Settlement is also determined by public lottery.

The lottery is conducted by the competent state authority in a transparent, public, and verifiable manner.

Article 7: Construction

Construction does not require a building permit. It is sufficient to notify the start of construction with a basic description of the building and a declaration of responsibility for its stability and safety.

Article 8: Plot

Each residential unit is entitled to a plot size between 300 and 600 m².

The minimum distance between buildings is 3 meters, unless neighbors agree otherwise.

Article 9: Materials and Technologies

The use of all natural, recycled, or experimental materials without industrial certifications is permitted. Alternative building techniques and residential designs are allowed. The builder is solely responsible for the durability, safety, and functionality of their construction.

Article 10: Infrastructure and Land Development

The state provides basic external infrastructure to the settlement’s boundary, which includes:

  • an access road,
  • electrical supply,
  • water connection,
  • basic telecommunications connection.

The cost of basic infrastructure is covered by a one-time contribution or installment payments, up to a maximum of €10,000 per residential unit.

If commercial services are voluntarily established within the settlement, the state may proportionally reduce the overall utility contribution for residents.

Article 10.a: Internal Infrastructure of Free Settlements

Internal infrastructure (internal roads, paths, communal spaces) may be established and maintained voluntarily by the residents. The state does not manage the internal infrastructure, except to ensure minimal safety.

Article 10.b: Commercial Land in Free Settlements

When planning Free Settlements, the state must allocate between 2% and 5% of the total settlement area for commercial land. This land is intended for basic services for residents, such as shops, kindergartens, healthcare services, postal points, hospitality, and other forms of local supply.

Commercial land is leased through a public auction for a concession granted for a specified period, typically 30 years. The right to use commercial land is non-transferable without the consent of the competent authority and reverts to the state after the concession expires.

Article 11: Use of Dwellings

The user must reside permanently on the plot. Leasing to third parties is allowed only if the user remains permanently present and the primary residential purpose is maintained.

Article 12: Termination of Right of Use

The right of use terminates:

  • with the permanent cessation of residence,
  • in the case of severe environmental damage or damage to communal infrastructure,
  • with permanent change of land use contrary to residential purposes.

Upon termination of the right of use, the user is entitled to a proportional refund of the paid utility contribution:

  • less than 5 years of residence: 80% refund,
  • 5–10 years of residence: 50% refund,
  • more than 10 years of residence: no refund.

Article 13: Encouraging Innovation

Free Settlements are zones for the free experimentation of innovative residential technologies. The state does not prescribe the form, materials, or construction methods, except for basic safety principles.

Article 14: Special Status

Free Settlements hold the status of special public interest. Local authorities cannot prevent their establishment through spatial acts, ordinances, or referendums.

Article 14.a: Priority Over Other Regulations

The establishment of Free Settlements on land owned by the Republic of Slovenia is carried out directly under this law, regardless of the provisions of other regulations, including those concerning spatial planning, environmental protection, forest conservation, agricultural land, or state-owned real estate management.

Spatial acts, plans, protective regimes, and other regulations do not apply to Free Settlements unless explicitly provided by this law. The decision to establish a Free Settlement serves as the legal basis for changing land use and for all land registry procedures.

Article 15: Transitional Provisions

The Government of the Republic of Slovenia shall adopt the first program for establishing Free Settlements within six months after this law comes into effect.

Article 16: Validity

This law shall enter into force on the thirtieth day following its publication in the Official Gazette of the Republic of Slovenia.