Thousands of Kosovo citizens live in residences without technical admission

In the Kosovo capital, tens of thousands of residences are inhabited, but without the most important legal document -- the certificate of use. This absence, affecting over 85 percent of high construction, leaves residents in judicial uncertainty.

For five years, Besim Shala and his four-member family have been living in a flat on the fifth floor of a building in the B Street district of Pristina, but, not to this day, he is not its legal owner.

Shala bought the apartment in early 2020 for about 80 thousand euros and signed the contract with the swimmer.

In spite of that, his name still does not figure in official ownership documentation in the municipality.

“I have asked the owner several times for the residence to be passed on to me, but, each time, the answer has been that it is in the process of obtaining the certificate of use in the municipality”, Shala tells Radio Free Europe.

The reason? The investor has not yet received the certificate of use for the building, otherwise known as technical accession.

This is an essential document proving that the object is built in accordance with construction permits and that it meets the conditions for safe housing, including regular functioning of electrical installations, water pipeline, heating and ventilation.

Shala's case is not isolated. In Pristina, about 85 percent of high buildings do not have the certificate of use.

According to the National Audition Office, during 2017-2021, only 46 certificates of use have been issued for over 300 high construction.

“Only 15 percent of construction permits issued during this period are equipped with” certificate, says the report “Efficiency and effectiveness in the process of high construction in the Pristina municipality”, which was published in March by the National Audition Office.

The report stresses that without the certificate of use, buildings are not considered safe for residents, they fail to meet the legal standards for living, and they do not grant citizens full legal rights on property.

For construction permits issued in the 1920s, the report explains that they are not included in the analysis, as construction has not yet been completed and cannot be assessed.

Meanwhile, in 2014-23, the Pristina municipality has issued a total of 1,601 construction permits, but only 147 of them have concluded with a certificate of use.

Radio Free Europe has requested from the Ministry of Environment, Spatial Planning and Infrastructure (MMPHI) provided for the situation of housing certificates used in all Kosovo municipalities.

In response, the ministry has said it does not possess specific statistics, as the construction of this category is the exclusive competence of municipalities themselves.

But in a presentation before the Kosovo Assembly at the end of 2022, incumbent Minister Lieburn Aliu has said that over 75 percent of buildings across the country are built without construction permits and, therefore, without certificates of use.

Free Europe Radio has also requested data from some of Kosovo's largest municipalities -- Gjakova, Ferizaj, Peja, South Mitrovica, Gjilan and Prizren -- for the number of construction permits and certificates of use issued during the period 2017-2021, but none of them have returned.

Driton Tafalari, former adviser to the Ministry of Environment, says the lack of certificates of use is a widespread problem in almost all Kosovo municipalities.

He says the situation is even more disturbing in large municipalities, where construction is more numerous and more intense.

According to him, over 90 percent of domestic residences lack technical admission.

The problem, says Taralari, stems mainly from the irresponsibilities of investors who do not apply for use certificates, but also from the lack of institutional control during the construction process.

He adds that many builders have not adhered to projects for which they have obtained construction permits, making expansions or changes that prevent them from applying for technical acceptance of the object.

“They have increased construction areas, added floors on how much construction permits are accepted. So when there is a gap between the construction permit and the real situation on the ground, the body responsible has no right to issue the use certificate”, Tafalar says of Radio Free Europe.

Ilir Gjinolly, professor of Urbanism and Spatial Planning at Pristina University, also estimates that some of the blame lies with the builders, but, according to him, falls on municipal authorities, which do not have enough capacity to conduct inspections during the construction phase.

Faton Hoxha, chairman of the Kosovo Construction Association, agrees that a large number of buildings in the country are inhabited without a certificate of use.

But, he says there are times when investors have sought to equip themselves with this document, and municipalities have not issued it on time.

The Consequences for Citizens

Lack of a user certificate brings serious consequences to housing buyers, says Taralari.

In addition to lack of legal housing security, citizens cannot use these properties as mortgages for loans, nor can they sell them legally, according to him.

Besides, there's psychological charge, because all the time you have the feeling that you're living in a apartment that has a legal problem of”, Taallar says.

According to GinoI's assessment, it is not only residents who lose out on this situation but also municipalities themselves.

“Aty where there is no user certificate, cannot register property in the cadastra. Thus, all are at stake, including those who have bought a flat or other property and municipality, which loses taxes on property”, Djindolli tells Radio Free Europe.

Shala, who lives in an apartment without regular property documentation, indicates that she has tried to obtain loans at a commercial bank, but that she has not been able to use the apartment as guarantees.

What is the solution?

To find a solution to this situation, Professor Ginell says it is needed by all actors, especially those who take direct advantage.

According to him, residents should pressure municipal authorities to implement the law and issue certificates of use, while the government should help municipalities with financial resources, human and technical capacities.

The “should have a specific deadline, which would include inspection and Certificate of all buildings, not expecting application from the builders, but going directly to them”, Gjinolly says.

The construction law envisions penalties for using items without a certificate of use.

Investors can be fined between 1,000 and 30,000 euros if the object is in operation without this legal document.

Radio Free Europe asked some of the largest municipalities in Kosovo HINA Pristina, Prizren, Gjakova, Ferizaj, Peja, Gjilan etc. How much they monitor the implementation of the Building Law and the number of construction companies fined for using high objects without a certificate of use, but until the publication of this article, they received no response from either. (Radio Free Europe) /Periscopi/