Fine of 350 euros/m2 for construction without a permit and confiscation - Measures are strengthened, implementation begins. Who is included in the "Black List"
Anyone who builds without a permit, or in excess of building permits, will be penalized. The government has approved normative acts that have entered into force, establishing clear rules for territorial development and aiming to curb uncontrolled urbanization in the country.
Referring to the normative act on amendments to the law on territorial planning and development, a "National Electronic Registry of Development/Construction Permits" will now be established, which will be a national electronic database, part of the e-Permit system, where all development and construction permits issued by territorial development authorities are registered.
Meanwhile, the "Black List" register will include all developers, companies or individuals, who violate the legal provisions of territorial development, control and discipline of construction works, who are excluded from the right to obtain permits for a period of 5 years.
The normative act provides that if the works have not begun within 1 year from the date of approval of the construction permit, then the permit is considered invalid.
While for works that have been started and are not completed, for which the construction permit has expired for more than 5 years and an extension of the deadline has not been requested, the method of completing the works, demolition or confiscation of the construction, is taken into account.
The normative act also stipulates that in all facilities in which unauthorized works or works exceeding the permit are found to exceed 2% of the total construction area above and below ground, and due to the stability of the facility, its demolition is impossible, the works carried out without a permit for profit purposes, or an equivalent area within the facility, which must be usable space, are confiscated for public interest or social housing.
On the other hand, all facilities in which unauthorized works or works in excess of the permit for profit purposes are found, exceeding 10% of the total construction area above and below ground, the entire facility is confiscated, in the public interest or social housing, or its complete demolition is ordered by the responsible bodies.
The new legal amendments refuse to issue construction permits to individuals, entities, including administrators, partners and beneficial owners, who have committed serious violations of technical and legal standards in construction projects; have been convicted by a final court decision for criminal offenses in the field of construction; have sold the units built for the same surface area more than once; when the constructions carried out by them are subject to confiscation or demolition, in accordance with the legal procedures in force.
As for administrative measures, failure to declare works by citizens, which are exempt from the obligation to obtain a permit, is punishable by a fine of 50,000 lek to 150,000 lek, as well as a demolition order. If carried out within the coastal zone, regardless of the nature of the interventions, which are the subject of a construction permit approved by the KKTU, the fine is no less than 35 thousand lek per m2 and a demolition order.
Carrying out works without a permit is punishable by a fine equal to the value of the works carried out without a permit, according to the relevant estimate filed with the responsible authorities, but, in any case, not less than 35 thousand lekë/m2 when the construction is carried out for profit purposes and by confiscation for public interest or social housing of the works carried out without a permit when the construction without a permit is over 2% of the total construction area above and below ground; demolition or confiscation for public interest, for the entire facility, when the building is stable, in cases where: the construction results without a permit, above and below ground; the construction without a permit exceeds 10% of the total construction area above and below ground.
Carrying out unauthorized works within the coastal zone, in priority areas for tourism development, in protected areas or in the boundary area of a cultural monument, is also punishable by a fine of 10% of the estimated value.
Meanwhile, the normative act that brings changes to the law on inspection and protection of the territory foresees strengthening of the rules for monitoring the territory by the responsible institutions as well as administrative measures in case of violations found.
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