Construction of Wind Farms - From Planning to Operating Permit

Technical Documentation

Construction of structures is carried out on the basis of the construction permit, according to the technical documentation for construction of the structure.

Technical documentation is a set of designs that are prepared for the purpose of: establishing the concept of the structure, elaboration of requirements, the method of construction of the structure, and for the requirements of maintenance of the structure. Technical documentation is prepared on the basis of the location permit, which contains all the requirements and data required for preparation of the technical documentation. The energy permit shall not be submitted with the application for the construction permit for construction of a power plant of up to 1 MW, because the energy permit (*84) is not issued for such power plants.

According to the Law on Planning and Construction, the technical documentation for construction of a structure consists of: 1) The general design; 2) The preliminary design; 3) The main design, and 4) The detailed design.

The as-built design of the structure pertains to the technical documentation, which is prepared after construction of a power plant, prior to obtaining the operating permit.

Prior to the commencement of preparation of the technical documentation for construction of the structure referred to in Article 133, paragraph 2 of the Law on Planning and Construction, for which the construction permit shall be issued by the competent ministry, or by the Autonomous Province, the preliminary work shall be carried out, based on the results of which the preliminary feasibility study and the feasibility study are made.

A general design shall contain the data on: 1) The macro-location of the structure; 2) General layout of the structure; 3) The technical and technological concept of the structure; 4) The method of providing the infrastructure; 5) Possible options of spatial and technical solutions from the aspect of fitting in the space; 6) Natural conditions; 7) Assessment of the impact on the environment; 8) Engineering, geological, and geotechnical characteristics of the terrain from the aspect of establishing the general concept and justifiability of construction of the structure; 9) Exploratory works for preparation of the preliminary design; 10) Protection of natural and immovable cultural assets; 11) Functionality and rationality of the design.

A preliminary design shall specify: the use, position, form, capacity, technical, technological, and functional characteristics of the structure, organizational elements of the structure, and views of the structure. (*85)

A layout plan, which is the necessary element of the Preliminary Design, depending on the type of structure, shall contain: 1) Lengths of each side of the building plot; 2) Height levels of the existing land and leveling; 3) Regulation and building lines, including the presentation of the existing and planned structures with outer measures, number of floors of the planned structure including the presentation of the final story or roof structure with plane slopes; 4) The position and numbers of adjacent cadastral lots and buildings, as well as the name of the street.

The general design and the preliminary design, the preliminary feasibility study, and the feasibility study for the structures referred to in Article 133, items 5), 9), and 20) of the Law on Planning and Construction (when a power plant facility is located within the protected environs of an outstanding immovable cultural asset and of cultural assets registered in the Lists of the World Cultural and Natural Heritage and of structures in protected areas in compliance with the decision on protection of cultural assets (except for conversion of shared premises in an apartment, or business space in protected environs of outstanding cultural assets and cultural assets registered in the List of the World Cultural Heritage), as well as of structures within the boundaries of a national park and of structures within the boundaries of protection of an outstanding protected natural asset (except for family houses, agricultural, and industrial facilities and by them required infrastructure facilities, which are constructed in villages), in compliance with the law, and of structures for electricity/heat generation from renewable energy sources of a capacity of 10 MW and over, as well as for power plants 50 meters high and over, shall be subject of review (expert supervision) by the committee, which shall be formed by the minister in charge of civil engineering affairs (hereinafter referred to as: the Review Committee).

The Review Committee shall submit, to the investor, the report with the measures, which must be applied when preparing the main design.

The deadline for submitting the report may not exceed 60 days as of the date of a duly submitted application.

The costs of design review shall be borne by the investor.

A main design shall specify the civil engineering, technical, technological, and exploitation characteristics of the structure including the equipment and installations, technical, technological, and organizational solutions for construction of the structure, the investment value of the structure, and the requirements for maintenance of the structure. In addition to the elements of the main design strictly prescribed in the Law on Planning and Construction, this design shall also contain the statement of the designer-in-charge and the entity that has done the review, confirming that the main design has been prepared in compliance with the location permit and the rules of profession.

The investor shall obtain the approval on the main design from the competent authorities, or organizations, when it is specified in the requirements contained in the location permit.

The main design shall contain in particular: 1) The layout plan; 2) Detailed engineering, geological, and geotechnical requirements for construction of the structure; 3) Topographical surveying documents; 4) Data on the functional, structural, and form-relevant characteristics of the structure; 5) Elaboration of technical and technological characteristics of the structure including the equipment and installations; 6) Computation of engineering structures, stability, and safety of the structure; 7) The design of the foundation of the structure; 8) Data on the required surveying in the course of construction; 9) Technical solution of the infrastructure including the method of service connections and landscaping of free areas; 10) Requirements for protection of the structure and adjacent structures; 11) Technical, technological, and organizational solutions for construction of the structure; 12) Elaboration of the measures for prevention or mitigation of negative impacts on the environment through the adequate technological process; 13) Costs of construction and maintenance of the structure; 14) Other designs, studies, and data depending on the use of the structure.

A detailed design shall contain the elaboration of all the necessary details for construction of a structure according to the main design. This design shall be prepared for the requirements of carrying out of the work on construction if the main design does not contain elaboration of details needed to carry out the work.

An As-built Design presents the as-built state of a structure and it shall be prepared for the requirements of obtaining the operating permit, for exploitation, and maintenance of the structure. This design is the Main Design with the amendments occurring in the course of construction of the structure. In case there have been no deviations from the Main Design in the course of construction of the structure, the investor, the person who has exercised the supervision, and the contractor shall corroborate and certify, on the main design, that the as-built state is equal to the designed state.

Inter alia, the preliminary feasibility study (*86) and the feasibility study (*87) may be made.

The preliminary feasibility study shall contain the general design. The feasibility study shall contain the preliminary design.

The technical documentation for construction of structures may be prepared by a company, or by another legal entity, or by an entrepreneur, which are registered in the relevant registry for preparation of technical documentation.

Technical documentation for construction of structures for which the construction permit is issued by the Ministry, or by the Autonomous Province, may be prepared by a company, or by another legal entity, which is registered in the relevant registry for preparation of technical documentation for that type of structures and which has employed persons with the licenses for the designers-in-charge, who have adequate professional results in preparation of technical documentation for that type and use of structures, or who possess the licenses for preparation of technical documentation for construction of structures for which the construction approval is issued by the ministry, or by the competent authority of the Autonomous Province.

The Law on Planning and Construction stipulates that the main design may be prepared after obtaining the location permit. The main design represents a detailed elaboration of the technical solution, which has been obtained in the previous stage of designing (the general or the preliminary design, which are mandatory for the structures referred to in Article 133, paragraph 2 of the Law on Planning and Construction), based on detailed exploratory work and requirements defined in the location permit.

The general design shall be prepared when there is no detailed regulation plan and, when the plan exists, the feasibility study and the preliminary design shall then be prepared, specifically for the structures referred to in Article 133, paragraph 2 of the Law on Planning and Construction.

The investor shall obtain the approval of the main design from the competent authorities or organizations, when it is specified by the requirements contained in the location permit (*88).

The main design shall be subject to review. The review of the main design may be exercised by a company, or another legal entity and an entrepreneur, who fulfill the requirements for preparation of technical documentation prescribed by the law and who are designated and financed by the investor. The review of the main design for construction of structures for which the construction permit is issued by the Ministry, or by the Autonomous Province, may be prepared by a company, or by another legal entity, which is registered in the relevant registry for preparation of technical documentation for that type of structures and which has employed persons with licenses for designers-in-charge, who have adequate professional results in the preparation of technical documentation for that type and use of structures, or who possesses the license for preparation of technical documentation for construction of structures for which the construction approval is issued by the ministry, or by the Autonomous Province.

A report shall be made on the completed review, which shall be signed by the designer-in-charge employed with the entity, which has done the review, and the accuracy of the main design shall be certified on the actual design. Review of the main design for construction of structures, for which the construction permit is issued by the competent ministry, or by the Autonomous Province, shall also include verification of the harmonization with the measures contained in the report of the review committee (*89).

Construction Permit

After completion of the review of the main design and getting a positive report on the completed review or verification of the accuracy on the actual design, the application for the construction permit shall be submitted. If the power plant is of a capacity of 10 MW and over or if it is 50 meters high and over or if it is located in protected environs of outstanding cultural assets with clearly defined borders of cadastral lots, and of cultural assets registered in the Lists of the World Cultural and Natural Heritage and of structures in protected areas in compliance with the decision on protection of cultural assets, as well as of structures within the boundaries of a national park and of structures within the boundaries of protection of a protected outstanding natural asset, in compliance with the law, then the application shall be submitted to the Ministry of Environment and Spatial Planning or to the competent authority of the Autonomous Province, if the power plant is located in its territory. For facilities of a capacity below 10 MW or under 50 m high, the application shall be submitted to the competent authority of the unit of local self-government.

The following shall be submitted with the application for the construction permit: 1) The location permit; 2) The main design in three copies, including the report on the completed review and verification of its accuracy; 3) The evidence of the ownership right, or of the right to lease the construction land; 4) The evidence of the settled relationship with respect to the payment of the fee for the construction land development; 5) The evidence of payment of the administrative fees and duties; 6) The energy permit (if the capacity of the power plant exceeds 1 MW).

For the structures for which the construction permit is issued by the Ministry, or by the Autonomous Province, the report of the review committee shall also be submitted with the application.

The construction permit shall be issued within eight days from the date of a duly submitted application. The construction permit shall be issued in the form of a decision. The main design shall be an integral part of this decision.

The construction permit shall particularly contain the data on: 1) The investor; 2) The structure the construction of which is permitted (including the data on the overall dimensions, surface area, estimated cost); 3) The cadastral lot on which the structure is to be constructed; 4) The period of validity of the construction permit and the deadline for completion of construction, 5) The documentation based on which it is issued.

If the competent authority, upon receipt of the application, establishes that the design has not been prepared in compliance with the codes of construction contained in the location permit, it shall notify the investor within 8 days and order him to harmonize the design within 30 days. If the investor fails to do so within the stipulated time, the application shall be rejected.

An appeal may be lodged against the decision on the construction permit within 8 days.

The competent authority deciding on an appeal against the decision of the authority of a local self-government unit is the Ministry of Environment and Spatial Planning or the competent authority of the Autonomous Province, if the power plant is situated in the territory of the Autonomous Province. The City of Belgrade may decide on an appeal against a first-instance decision on the construction permit handed down for construction or reconstruction of structures of up to 800m² of gross floor area in the territory of the City of Belgrade.

No appeal may be lodged against the decision on the construction permit, which is handed down by the competent ministry, or by the competent authority of the Autonomous Province, but an administrative suit can be instituted.

The construction permit shall cease to be valid if construction of the structure is not commenced within two years as of the date of legal validity of the decision.

Construction of a Structure and Technical Inspection of the Structure

The investor shall report to the authority which has issued the construction permit and to the competent building inspector, the commencement of construction of the structure, 8 days prior to the commencement of carrying out of the works.

If the construction permit has been issued by the Ministry, or by the Autonomous Province, the report shall also be submitted to the building inspectorate the territory of which includes the location of the structure, for which the report on commencement of carrying out of the work is submitted.

The report shall contain the date of commencement and the deadline for completion of construction, or of carrying out of the work.

Prior to the commencement of construction, the investor shall carry out: marking of the building plot, regulation, leveling, and building lines, in compliance with the regulations governing carrying out of surveying; marking of the construction site with an adequate panel, which shall contain: data on the structure, which is being constructed, the investor, the designer-in-charge, the number of the construction permit, the contractor, the commencement of construction, and the deadline for completion of construction.

Construction of structures, or the work may be carried out by a company, or by another legal entity or by an entrepreneur, which are registered in the relevant registry for construction of structures, or for carrying out of works (hereinafter referred to as: the contractor).

Construction of a structure, or carrying out of works referred to in Article 133, paragraph 2 of the Law on Planning and Construction, may be carried out by a company, or by another legal entity, which is registered in the relevant registry for construction of such type of structures, or for carrying out of that type of work, which has employed persons with licenses for the contractor-in-charge and adequate professional results, or which has the license for construction of structures for which the approval for construction is issued by the ministry, or by the Autonomous Province.

Obligations of the contractor shall be as follows: prior to the commencement of the work, to sign the main design, to designate the contractor-in-charge by the decision, to provide, to the contractor-in-charge, the construction contract and the documentation based on which the structure is going to be constructed, to provide preventive measures for safe and sanitary work in compliance with the law. The contractor shall be obliged to carry out the work according to the documentation based on which the construction permit has been issued, to organize the construction site in the manner, which will ensure access to the location, to ensure safety of the structure and persons at the construction site and its environs, to provide evidence of the quality of the work carried out, to keep the daily progress record, the program and progress record, and to provide the inspection book, to secure the structures and environs in case of suspension of the work. At the construction site, it is necessary to have the construction contract, the Decision on designation of the contractor-in-charge, and the main design at all times, i.e. to have the documentation based on which the project is developed. The investor shall provide supervision in the course of construction of the structure or of carrying out of work for which the construction permit has been issued.

Supervision may be exercised by the person, who fulfills the requirements prescribed by the Law on Planning and Construction for the designer-in-charge or the contractor-in-charge. The persons, who are employed in a company, or in another legal entity or in an entrepreneur’s shop, which is the contractor on that structure, the persons, who exercise the inspection supervision, and the persons, who work on the tasks of issuing of the construction permit in the authority in charge of issuing the construction permit, may not participate in exercising the supervision over the structure.

Fitness of a structure for use shall be established through technical inspection. Technical inspection of a structure shall be carried out upon completion of construction of the structure, within 30 days as of the date of a duly submitted Application for carrying out of the technical inspection of the structure to the authority in charge of civil engineering affairs, depending on the characteristics of the constructed structure.

Technical inspection of structures for which the construction permit has been issued by the Ministry of Environment and Spatial Planning, shall be carried out by the commission formed by the Minister of environment and spatial planning or by a company, or by another legal entity entrusted to engage in such activities, which is registered in the relevant registry for engaging in such activities.

Technical inspection of a structure for which the construction permit has been issued by the competent authority of the Autonomous Province, shall be carried out by the commission formed by that authority or by a company, or by another legal entity assigned to engage in such activities, which is registered in the relevant registry for engaging in such activities.

Technical inspection of a structure, for which the construction permit has been issued by a unit of local self-government, shall be carried out by the commission formed by the authority in charge of civil engineering affairs of the unit of local self-government or by a company, or by another legal entity assigned to engage in such activities, which is registered in the relevant registry for engaging in such activities.

Technical inspection of a structure shall be ensured by the investor, in compliance with the Law on Planning and Construction. In case of the facilities for which the environmental impact assessment study has been made, a person, who is an expert in the area that is the subject of the studies, and who has acquired higher education in an adequate field, at the postgraduate academic studies - master, specialist academic studies, or at undergraduate studies lasting minimum five years (*90), must participate in carrying out of the technical inspection. The costs of the work of the Commission shall be paid by the investor. Minutes shall be taken of the technical inspection, which shall be signed by the members of the commission.

If, for the purpose of establishing the fitness of a structure for use, previous tests must be performed and checking of installations, equipment, plants, stability or safety of the structure, equipment, and plants for environmental protection, equipment for fire prevention or other tests, or if that is stipulated in the technical documentation, the commission for technical inspection, or the subject who has been assigned to carry out the technical inspection, may propose to the competent authority to allow setting of the facility into trial operation, provided it has been established that the requirements for that have been met.

The decision on approval of setting the facility into test operation shall specify the time of duration of the trial operation, which may not exceed one year, as well as the obligation of the investor to monitor the results of the trial operation and, upon the expiry of the trial operation period, to submit the data on its results to the competent authority.

The commission for technical inspection, or the enterprise or other legal entity, which has been assigned to carry out of the technical inspection, in the course of the trial operation of the facility, shall verify whether the requirements for issuing the operating permit have been met and, upon expiry of the deadline for the trial operation, it shall submit its report to the authority in charge of issuing of the operating permit.

Operating Permit

A facility may be used after the operating permit has been obtained.

The authority in charge of issuing the operating permit is the authority in charge of issuing of the construction permit. Such an application for a structure 50 meters high and over, when a power plant facility is located in protected environs of an outstanding immovable cultural asset and of cultural assets registered in the Lists of the World Cultural and Natural Heritage and of structures in protected areas in compliance with the decision on protection of cultural assets, as well as of structures within the boundaries of a national park and of structures within the boundaries of protection of a protected outstanding natural asset, in compliance with the law, and for a power generating facility using renewable sources of energy of a capacity of 10 MW and over, shall be submitted to the Ministry of Environment and Spatial Planning and, if such a facility is located in the territory of the Autonomous Province, the application shall be submitted to the competent authority of the Autonomous Province. As to the facilities of a capacity below 10 MW, the application shall be submitted to the competent authority of the unit of local self-government.

The operating permit shall be issued when it is established that the facility or a part of the facility, which can be independently used – is fit for use. The operating permit shall be issued within seven days from the date of receipt of the finding of the commission, which stipulates that the facility is fit for use.

The operating permit shall also contain the warranty period for the facility and certain types of works specified in a special regulation (*91). The procedure for obtaining the operating permit involves two stages. An appeal may be lodged within 15 days as of the date of submitting the decision. The competent authority deciding on an appeal against a decision of the authority of a local self-government unit is the Ministry of Environment and Spatial Planning or the competent authority of the Autonomous Province, if the power plant is located in the territory of the Autonomous Province. An administrative suit may be instituted against the decision of the Ministry of Environment and Spatial Planning, or of the competent authority of the Autonomous Province within 30 days as of the date of its submission.

Details of Relevant Legislation:

(*84) There is an ambiguity in the regulations regarding the issuing of the construction permit for power plants of below 1 MW, because the Law on Planning and Construction stipulates that this decision for energy facilities is issued in compliance with the energy permit and other prescribed documentation, and the energy permit, subject to the Energy Law, is not issued for these facilities. This means that the construction permit for power plants of up to 1 MW is issued in compliance with all the documents specified by the Law on Planning and Construction, except for the energy permit.

(*85) The preliminary design shall contain the layout plan and the data on: 1) The micro-location of the structure; 2) Functional, structural, and shape characteristics of the structure; 3) Technical, technological, and exploitation characteristics of the structure; 4) Engineering, geological, and geotechnical characteristics of the terrain and soil including the preliminary analysis of stability and safety of the structure; 5) The design of the foundation of the structure; 6) Technical, technological, and organizational elements of construction of the structure; 7) Measures for prevention or reduction of negative impacts on the environment; 8) Conceptual design of the infrastructure; 9) Comparative analysis of the variant technical solutions from the aspect of properties of the soil, 10) Functionality,, 11) Stability, 12) Assessment of the impact on the environment, 13) Natural and immovable cultural assets, 14) Rationality of construction and exploitation, 15) The amount of the costs of construction, transportation, maintenance, providing of electricity/heat, and other costs.

(*86) The preliminary feasibility study shall specify the spatial, environmental, social, financial, market, and economic justifiability of the investment for the optional solutions defined in the general design, based on which the planning document is adopted, as well as the decision on justifiability of the investment in preliminary work for the Preliminary Design and for making the Feasibility Study. It shall be mandatory for the structures referred to in Article 133 of the Law on Planning and Construction, which include small power plants.

(*87) The feasibility study shall determine the spatial, environmental, social, financial, market, and economic justifiability of the investment for the selected solution, elaborated in the preliminary design, based on which the decision on justifiability of the investment is to be handed down. It shall be mandatory for the structures referred to in Article 133 of the Law on Planning and Construction, which include only power plants exceeding 10 MW.

(*88) Article 119, point 4 of the Law on Planning and Construction. Special attention should be paid to the fact that Article 10, paragraphs 3 and 4 of the Law on Nature Protection shall be applied to the projects that may have impact on the integrity of an ecologically important area from the aspect of conservation goals, which stipulate that these projects shall be subject to the approval by the Ministry of Environment and Spatial Planning including the opinion of the Institute for Nature Conservation.

(*89) If the Report on the completed review of the Main Design is positive, i.e. there are no remarks that would give rise to the amendments of the design documentation, the authorized entity shall affix its seal evidencing the completed review, which shall be signed by the designer in charge of the review on the actual design - on the first page thereof.

(*90) By virtue of Article 31, paragraph 2 of the Law on Environmental Impact Assessment, the competent authority, which has managed the procedure of impact assessment, shall appoint the person, who shall participate in the work of the commission for technical inspection. This appointed person may be employed or appointed in the competent authority, or in another authority and organization or be an independent expert, who has evidence of the professional background for participation in the work of the technical commission referred to in Article 22 of this Law. The operating permit may not be issued if such appointed person does not confirm that the requirements referred to in the decision granting approval on the Impact Assessment Study have been fulfilled, in case the Decision that the Study must be made has been handed down.

(*91) The Decision on Minimum Warranty Periods for Certain Types of Constructed Investment Projects or Works Carried Out on Such Structures (Official Gazette of the RoS, No. 2/74).

NOTE: Complete text is taken from the document-guide for investors Construction of Wind Farms and Electricity Generation from Wind Energy in the Republic of Serbia, of which authors are Branislava Lepotic Kovacevic, PhD Law, and Bojan Lazarevic, BSc El. Eng.

The project is implemented under the patronage of the USAID, GTZ / GIZ Serbia and the Ministry of Energy of Serbia, in 2010.