Government Amniston Construction Without Permission in Albania, Decision Enters into Force

The same work, carried out in public soil or in public land or in another, is sentenced to imprisonment of between one and five years. The same work, when it has brought severe or worthwhile consequences, is sentenced to imprisonment of between three and eight years.

The penal code that pre-emptifies all laws has collapsed with a recent decision by the Council of Ministers that was published today in the official notebook, through which the owners who built several floors without permission in the middle of Tirana have the opportunity to ward off prison, handing over property to the state, or prepaid it against a price that will be determined with later instructions.

The payment will be a new legalisation of these homes.

Procedures for Confiscating and Prepurchasing

Today, power, regulations and procedures were introduced for the public interest of facilities built without permission with the aim of profiting in line with projections of law No.107/2014, “for planning and development of territory”, modified.

The government's decision stipulates that, before the start of the seizure procedure, this decision -- and until the decision of the seizures by the National Council of Territor, the developer or any subject authorized by him -- by swimming action is passed in favour of the state, with a promise of sale worth 1 euro -- the ministry is specifically responsible for managing property built without permission or overpassing construction permits, with the aim of using them for social housing or public interest.

The surfaces that pass state-owned do not consist of the development of the development subject of the 19th provision of the law Article No.22/2018, “For social housing”. Notary spending is covered by the development subject.

If the request is accepted, the National Council of Territorate sets aside the change of the corresponding construction permit by recognising the ministry's right to manage state property as co-profit to the new facility, which will be considered an object built under construction permits.

Confiscated amendments may be legally transferred to pre-purchasing subject of the object or any subject authorized by it, for a value no less than market price, and the funds provided are used for expropriation, special treatment or compensation in order to accomplish public work. The payment of the cost of work beyond the permit does not free the subject from the obligation of the penalty envisioned by Article 1, Article 52, of the law No.107/2014, “for planning and development of the territory”, changed.

From the moment of carrying out the act of completing lawlessness in construction until the completion of the seizure procedure, the works are suspended at the orders of the National Territorial Protection Inspectorate.

The seizure procedure for public interest begins with the proposal of the National Territorial Protection Inspectorate (IKMT) to the National Council of Territorial, following periodic inspections conducted mainly or after receiving notification by the The local MT according to the area of responsibility, in line with sectoral legislation for inspection, which, among other things, contains the following documentation:

A) Report summary for purpose, cause of seizure;

b) Documents that have accompanied the inspection procedure to verify compliance with legal requirements under law No.107/2014;

c) A co-connected plan that portrays the buffer parts that are confiscated as well as the target parts that remain owned by the developers, expressed on the surface, volume and in relevant technical data on cases under subdivision “i”, the letter “ <x2x3>, Article 1, Article 52, law No.102014, “For planning and development of territory”

c) A co-connected plan that documents surfaces, volume and technical data of the object that is confiscated for cases according to subdivision “ “, “, Article 1, 52, Article 10,2014, “For planning and development of territory” Official Yearbook 2022 Number 122 Page15910 d) The Information Act by the Construction Institute, where it can be determined that its collapse is impossible because of the sustainability of the object.

Local IMTs have a nearby reporting obligation The KMT when during inspections it finds lawlessness and violations of legislation in effect in the field of construction.

The IKMT conveys the documentation envisioned at point 6 of this decision to the Territory Development Agency, which manages it in the quality of the National Territorial Council's technical secretariat, the above-mentioned documentation, and conducts preparations for reviewing the proposal on the part of the KKT.

The National Territorial Council examines documentation for the public interest in the construction facility without permission, makes a decision on seizure, which, among other things, predicts:

a) identifying data for the confiscated object;

b) a connected plan that claims the buffer parts that are confiscated as well as the buffer parts that remain owned by the developers, expressed on the surface, volume and technical data relevant to the subdivision cases “igii”, of the letter “ “, of point 1, of Article 52, of the law No.172014, “For the planning and development of the territory”, or a combination of the specification plan which links the surfaces, and technical details of the object, according to the cases that are confiscated under <x <od>, ”, <x>, <x>, <x> for the command of this frame of command; and the subject's command; and the command is used in the command of this command; and the command is used in the command of the command of the command.

c) the obligation of the competent body that during the release procedure of the certificate of use also envisions confiscated parts/cattered in favour of the state, referred to the noperial act envisioned at point 2, of this decision, or of the decision of seizure and the map connecting it;

d) the obligation of the State Agency of Cadastra to register the seizure decision along with the use certificate, which, in addition to parts of the object that have been built construction permits and that remain owned by the developer, has also envisioned confiscated/cattered parts in favour of the state, referring to the seizure decision issued by the National Territorial Council.

and) the reflection on the permission to build the proportional part of the state in relation to the investor.

10. The National Council of Territorial Secretariat conveys the KKT's decision on confiscating the object to the ministry responsible for managing state property, with the aim of continuing to take necessary measures to implement the seizure decision and register with the Cadastra State Agency, and taking over the object. The procedure and deadlines of this decision will be adopted by the National Territorial Council decision.

The minister responsible for managing state property, within 7 (seven) days of announcing the decision of the National Territory Council, issues the order for its implementation, which, among other things, contains:

a) Authority responsible for following object seizure procedure;

b) identification data for the seized object;

c) Measures in the application of points 2, 3 and 4, of this decision, and expression of the developer subject's will;

c) Forecasts for barring the object's destination until the implementation of the subject developer of the legal obligation stemming from this decision.

If the subject expresses interest in making free work available, the minister responsible for managing state property carried out the pre-purchasing procedure and makes the pouring out of the corresponding funds into the branch's treasury revenue account at the destination of the special account of distributions to the Bank of Albania.

The authority responsible for following the object's seizure procedure, according to the definitions of point 11 within 7 (seven) days of the minister's order issued for state property management, announces the extent of the seizure of persons or subjects affected by the measure

During the seizure of the object, the authority responsible for following the procedure of confiscating Official Library Year 2022 Number 122 Page15911 of the object holds an act of seizure, in which the data is clearly determined: a) the data for the subject being confiscated; b) the location of the confiscated object; c) the surface of the confiscated object; c) the internal and external appearance of the confiscated object; d) the object's details (number of walls, windows, etc.); and details of the object's work; any given that is characteristic or particular for the confiscated object.

The State Agency of Cadastra ensures to reflect on the developer's ownership certificate and ownership of state on confiscated property, according to relevant buffer parts, after certificates of use have been issued by the KKT Technical Secretariat or local government unit according to the area of responsibility in line with the legislation on planning and development of territory. The use certificate, both for the part of the conform permit and for the section confiscated with the KKT decision, will be issued in line with the legislation on control and discipline of construction works.

All revenues obtained from the use of confiscated objects, different from those envisioned at the 12th point of this decision, are transferred to the state budget. Expenses for managing confiscated facilities are met by the state budget.

The ministry responsible for managing state property, within 6 (six) months of entry into force of this decision, creates and manages a separate registry for registration and inventory of seized objects with each of them. /Monitor. al