Šmartno pri Litiji rewrites easement fees with valuation formula and official appraisals

Občinski svet Občine Šmartno pri Litiji has rewritten the way the municipality charges for easement rights over its own real estate, replacing the previous regime with a formula-based one-off payment and a mandatory official appraisal for larger cases. The amendment was adopted at the council’s 23rd regular session on 16 September 2026 and published in Uradni list Republike Slovenije no. 1459/2026 of 21 September 2026 under reference EDA 2026-1779737000-0008. It enters into force on the fifteenth day after publication.

The instrument is the Odlok o spremembah in dopolnitvah Odloka o obremenjevanju nepremičnega premoženja v lasti Občine Šmartno pri Litiji s služnostnimi pravicami, which amends the ordinance previously published in Uradni list RS no. 97/20 and 167/21. The council acted under articles 21, 29 and 65 of the Zakon o lokalni samoupravi, articles 37, 70, 71 and 74 of the Zakon o stvarnem premoženju države in samoupravnih lokalnih skupnosti, and article 14 of the Statut Občine Šmartno pri Litiji.

The decree carries the file number Št. 007-4/2026-4 and was signed in Šmartno pri Litiji on 16 September 2026 by mayor Blaž Izlakar.

A formula replaces the old calculation

Article 5 of the ordinance is replaced in full. The one-off fee (EN) is now the product of three variables: the value of the property per square metre (Vnpr), the surface area encumbered by the easement (Pnpr, calculated as the length times the width of the easement corridor), and an encumbrance factor (Fo). The resulting formula is:

• EN = Vnpr x Pnpr x Fo

Both the property value and the encumbrance factor are determined by a valuation report prepared by a competent and authorised appraiser of the relevant profession, rather than being fixed directly in the ordinance.

Official appraisal above 10,000 euros

The amended text sets out three situations in which the standard formula is set aside and the fee is determined by an official appraisal for the specific case:

• the one-off fee empirically exceeds 10,000 euros;
• the factor for a given type of encumbrance is not covered by the valuation report; or
• the planned intervention in the property would substantially reduce the value of that property.

In those cases the cost of the appraisal is borne by the easement beneficiary, not by the municipality.

Who pays, when, and what is deleted

The party liable for the one-off fee is any legal or natural person who, as easement beneficiary, acquires an easement right over municipal real estate. Payment falls due within 30 days of the conclusion of the contract or the issuance of the invoice. The amendment also deletes article 6 of the original ordinance outright.

What it means for investors and network operators

The change directly sets how much investors and utility network operators will pay the municipality for easement rights over municipal land, and it shifts valuation from a fixed schedule to an appraiser’s report. The 10,000-euro threshold and the three trigger conditions give the municipality a discretionary route to case-by-case appraisal, with the appraisal cost transferred to the beneficiary. Because the ordinance takes effect on the fifteenth day after publication, contracts and invoices issued from early October 2026 onward will be governed by the new formula.

Source: Uradni list Republike Slovenije, no. 1459/2026, 21 September 2026, section I (official reference: EDA 2026-1779737000-0008).