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How will the unauthorized floors of the towers be legalized (full VKM)

2022-09-13 12:35:44Aktualitet SHKRUAR NGA REDAKSIA VOX
How will the unauthorized floors of the towers be legalized (full VKM)
Illustrative photo

It has been published in the Official Gazette and is expected to start very soon from the implementation of the VKM, which enables the seizure on behalf of the state or the purchase of floors built without permission in buildings.

Until now, IMKT has identified several buildings built without permission, for which the owners now have two options: Either forgiveness at the expense of the state or purchase at the market price.

In fact, the VKM seems to overturn the Criminal Code of the Republic of Albania, which in article 199 states that "The illegal construction of an object on one's own land is punishable by a fine or imprisonment of up to one year."

This crime, committed on public or state land or on another's land, is punishable by imprisonment from one to five years. And this act, when it has brought serious consequences or is committed for the purpose of profit, is punishable by imprisonment from three to eight years".

Consequently, according to the provisions of the Penal Code, builders of floors without permission in towers for profit risk no less than 4 years in prison, but it seems that the VKM recently published in the Official Gazette gives them a way out by forcing them to pay a minimum price for the illegally built floors by reclaiming them and then enjoy the whole palace without seeing the prison door.

The other possibility to escape the prison is to hand over to the state the space built without a permit and to enjoy the palace without having other legal consequences.

The full VKM

The decision of the government determines that, before the start of the confiscation procedure, of this decision, and until the confiscation decision is taken by the National Council of the Territory, the developer or any subject authorized by him, with a notarial deed passes in favor of the state , with a contract promising to sell in the amount of 1 euro, expressly to the ministry responsible for the administration of state properties, the property right of the surfaces built without a permit or in excess of the construction permit, with the aim of using them for social housing needs or for public interest .

The surfaces that pass into the ownership of the state do not consist in the realization by the developer of the obligation in the sense of article 19, of the law no. 22/2018, "On social housing". Notarial expenses are covered by the developer.

If the request is accepted, the National Council of the Territory decides to change the relevant construction permit recognizing the right of the relevant ministry for the administration of state properties as co-beneficiary of the new facility, which will be considered as a facility built under the conditions of the construction permit.

The buildings confiscated by the decision can be transferred with the right of pre-emption to the subject developer of the object or any subject authorized by him, for a value not less than the market price, and the secured funds are used for expropriation, special treatment or compensations in order to carry out public works. The payment of the price of the works in excess of the permit does not release the subject from the obligation to pay the fine provided by point 1, article 52, of law no. 107/2014, "On planning and development of the territory", as amended.

From the moment of the execution of the act of finding illegality in the construction until the end of the confiscation procedure, the works are suspended by order of the Director General of the National Inspectorate of Territory Protection.

The confiscation procedure for public interest begins with the proposal of the National Territory Protection Inspectorate (IKMT) at the National Territory Council, following periodic inspections carried out mainly or after receiving notification from the local IMT according to the area of ​​responsibility, in accordance with the sectoral legislation on inspection, a proposal which, among other things, contains the following documentation:

a) Summary report on the purpose, cause of confiscation;

b) Documents that accompanied the inspection procedure for verifying compliance with legal requirements according to law no. 107/2014;

c) An attached settlement plan which records the taxable parts that are confiscated as well as the taxable parts that remain owned by the developer, expressed in surface area, volume and relevant technical data for the cases according to subsection "iii", of the letter "e", of point 1, article 52, of law no. 107/2014, "On planning and development of the territory";

ç) An attached layout plan which evidences the surfaces, volumes and technical data of the object that is confiscated for the cases according to subsection "iv", letter "e", point 1, article 52, of law no. 107/2014, " For the planning and development of the territory"; Official Journal Year 2022 – Number 122 Page|15910 d) The act of expertise from the Institute of Construction, where it is determined that due to the durability of the object it is impossible to demolish it.

The local IMTs have the obligation to report to the iKMT when during the inspection they find illegality and violations of the legislation in force in the field of construction.

The IKMT forwards the documentation provided for in point 6 of this decision to the Territorial Development Agency, which administers the aforementioned documentation in the capacity of the technical secretariat of the National Territorial Council and prepares for the consideration of the proposal by the KKT -'s.

The National Council of the Territory examines the documentation for the confiscation in the public interest of the construction object without permission, takes a decision on confiscation, which, among other things, provides:

a) identification data for the object to be confiscated;

b) an attached settlement plan which records the taxable parts that are confiscated as well as the taxable parts that remain owned by the developer, expressed in surface area, volume and in relevant technical data for the cases of subdivision "iii", letter "e", of point 1, article 52, of law no. 107/2014, "On planning and development of the territory", or an associated plan which records the surfaces, volumes and technical data of the object to be confiscated, for the cases according to subdivision "iv ", letter "e", point 1, article 52, of law no. 107/2014, "On planning and development of the territory"; c) in cases of implementation of the provisions of point 4 of this decision,

ç) the obligation of the competent body to, during the procedure of issuing the certificate of use, also foresee the parts confiscated/transferred in favor of the state, referring to the notarial deed provided for in point 2, of this decision, or the confiscation decision and the accompanying map ;

d) the obligation of the State Cadastre Agency to register the confiscation decision together with the certificate of use, which, in addition to the parts of the object that were built in accordance with the construction permit and that remain owned by the developer, also includes the confiscated parts/ past in favor of the state, referring to the confiscation decision, issued by the National Council of the Territory.

dh) the reflection in the building permit of the taxing part of the state in percentage, in relation to the investor.

10. The Secretariat of the National Council of the Territory conveys the decision of the KKT on the confiscation of the object to the ministry responsible for the administration of state properties, with the aim of continuing to take the necessary measures to implement the decision of confiscation and registration with the State Cadastre Agency as and taking over the facility. The procedure and terms of this decision will be approved by decision of the National Council of the Territory.

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

a) the authority responsible for following the confiscation procedure of the object;

b) identification data for the object being confiscated;

c) measures in implementation of the provisions of points 2, 3 and 4, of this decision, and the expression of the will of the developer;

ç) the provisions for the prohibition of the alienation of the object's destination until the implementation by the developing entity of the legal obligation derived from this decision.

If the subject expresses interest in pre-purchasing works without a permit, the minister responsible for the administration of state properties carries out the pre-purchase procedure and transfers the relevant funds to the treasury's income account in the branch destined for the special account of expropriations at the Bank of Albania.

The authority responsible for following the procedure of confiscation of the object, according to the provisions of point 11, within 7 (seven) days from the issuance of the order of the minister responsible for the administration of state properties, notifies the measure of confiscation of the object to the persons or entities affected by the measure

During the confiscation of the object, the authority responsible for following the confiscation procedure Official Gazette Year 2022 – Number 122 Page|15911 of the object maintains a confiscation act, which clearly defines: a) the data on the subject to whom the confiscation is carried out; b) the location of the confiscated object; c) the area of ​​the confiscated object; ç) the interior and exterior of the confiscated object; d) details of the object (number of walls, windows, etc.); dh) details of the works of the facility; e) any other data that is characteristic or special for the confiscated object.

The State Cadastre Agency ensures that the developer's ownership and the state's ownership of the confiscated property are reflected in the certificate of ownership, according to the relevant tax parts, after the certificate of use has been issued by the technical secretariat of the KKT or the local government unit according to the field of responsibility in accordance with the legislation for planning and development of the territory. The certificate of use, both for the part of the object in accordance with the permit, and for the part confiscated by decision of the KKT, will be issued in accordance with the legislation for the control and discipline of construction works.

All revenues obtained from the use of confiscated facilities, other than those provided for in point 12 of this decision, go to the state budget. Expenses for the administration of confiscated objects are covered by the state budget.

The ministry responsible for the administration of state properties, within 6 (six) months from the entry into force of this decision, creates and administers a special register for the registration and inventory of confiscated objects with all their data.


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