The Croatian Parliament adopted amendments to the Act on Housing Provision in Underdeveloped Areas on July 14, 2023. The Ombudswoman welcomes its adoption, especially the fact that a large part of the proposals she made were respected and incorporated into the Act — some already during the preparation of the new legal solutions, some during the public consultation, and some after the Ombudswoman presented arguments to parliamentary committees.
These amendments allow temporary housing for earthquake victims placed in container settlements located outside underdeveloped areas, for the duration until the housing units they lived in before the earthquake are rebuilt or restored.
Additionally, the legal framework is adapted to various life situations citizens have recently complained about, which have been obstacles to exercising the right to housing provision.
Changes for earthquake victims
Many earthquake victims from 2020 still live in container settlements in underdeveloped areas, so the Ombudswoman welcomes every effort to relocate them to more adequate housing. This was also recommended in the Ombudswoman’s 2021 and 2022 reports.
Following the Ombudswoman’s suggestion, it is now prescribed that earthquake victims housed in container settlements do not need to submit a housing application; their right to housing will be determined ex officio.
This is a better solution, especially considering the structure and vulnerability of the residents of these settlements. Many are elderly, users of social welfare rights, single, not computer literate, or in other vulnerable situations. During visits to Petrinja, Glina, and Sisak, victims pointed out a lack of information about their future housing and unclear procedures and priorities.
Exceptions for various life situations
It is also positive that the Ombudswoman’s proposals regarding real-life situations, which citizens raised when threatened with losing or having already lost their right to housing, were accepted.
Citizens will no longer lose this right if they do not use the housing unit for more than six months for justified reasons—such as treatment, education, temporary, seasonal, or field work. The condition is that they notify the competent Regional Service and provide appropriate documentation.
If adopted, the amendments will, for the first time, allow housing provision in underdeveloped areas for a person (and their family members) living and/or working abroad, provided they return to Croatia and live in the allocated housing unit after recognition of the right.
Furthermore, instead of losing the right to housing if the user modifies the housing unit, common areas, or devices, they will be allowed to do so with the consent of the Ministry of Spatial Planning, Construction, and State Property. This provision acknowledges real-life situations where certain modifications are necessary.
During public consultation, the Ombudswoman also proposed clarifying when a user loses the right to housing: instead of losing it simply for refusing to sign a lease agreement, it should be limited to refusing to sign a lease for a habitable housing unit.
Citizens had complained multiple times about the very poor condition of allocated housing units — although uninhabitable, they were threatened with losing housing rights or actually lost them due to refusing to sign lease agreements. This proposal was accepted as announced in parliamentary committee discussions.
Housing maintained as long as the reasons for granting the right persist
It is positive that victims of domestic violence can extend housing provision beyond the initial two years.
However, the extension is only for an additional two years, even though it is unlikely their financial situation will significantly improve to afford renting or buying housing at market prices. Therefore, it is believed this right should be granted as long as the circumstances for which housing provision was approved continue.
The same applies to those who become victims of domestic violence while exercising the right to housing provision. They should be granted permanent housing in a special housing facility, which was recommended in the Ombudswoman’s 2022 Report. These proposals were not accepted, with the explanation that a long-term solution involves developing a strategy for housing victims of domestic violence and other vulnerable groups.
While it is unquestionable that a long-term solution is needed, and that the problem of domestic violence victims exceeds the scope of one law, given the urgency of the issue, this temporary solution should be reconsidered.
Too short public consultation
The public consultation lasted only seven days, which does not provide the interested public enough time to study proposals and give feedback. According to the Access to Information Act, public authorities are generally required to conduct consultations lasting 30 days, except when following procedures regulating the assessment of regulatory impact.
The Code of Consultation with Interested Public in the Process of Adopting Laws and Other Acts prescribes that announcements of consultations on draft laws and other regulations should clearly indicate a deadline for public comments, preferably no shorter than 15 days.
Cleaned-up law text for easier use
Since these are extensive amendments, after the law’s adoption the Ministry of Spatial Planning, Construction, and State Property should prepare a consolidated and clear version of the Act. This is necessary to facilitate practical application, both for those implementing it and for citizens and NGOs providing free legal aid.
Here you can find all our comments from the Consultation on the Draft Amendments to the Act on Housing Provision in Underdeveloped Areas, along with the draft final proposal and responses from the Ministry.