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The Government's decision on public spaces is revealed: It is forbidden to grant permission for the installation of fences and beams

2025-07-23 20:01:11Politikë SHKRUAR NGA REDAKSIA VOX
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Just as Prime Minister Edi Rama had warned, it happened!

At today's meeting of the Council of Ministers, a series of changes were adopted, including changes to the laws related to construction permits.

The government has today decided to ban the issuance of construction permits by the relevant authorities to carry out any type of work or to install fences or beams.

"Article 7

After point 4 of Article 14, points 5 and 6 are added, with the following content:

"5. The issuance of building permits by development authorities for private properties, which have been part of the development boundary and intended for public spaces, such as squares, parks, etc., is prohibited.

 6. It is prohibited to issue construction permits and preliminary declarations for the performance of works, as well as to carry out any type of work for the installation of fences, beams or any means of restricting access to those private properties or parts of their surface, which are burdened with public easement, within the meaning of Article 34 of Law No. 107/2014, “On territorial planning and development”, as amended. Regardless, if the easement has not been registered in the real estate register, the same permits and works are not permitted on those private properties or parts of their surface in urban areas, which meet the legal conditions to be burdened with public easement, such as properties that constitute the exit route from buildings to public spaces, passageways between buildings or from buildings to public roads and squares, etc.,” is one of the decisions of the Council of Ministers.
The decision was made today at a meeting of the Council of Ministers chaired by Deputy Prime Minister Belinda Balluku, in the absence of Prime Minister Edi Rama.

We recall that in recent days, an action was launched across the country to vacate public spaces that had been occupied by unauthorized construction, mainly metal structures and bar chairs.

 

SOME AMENDMENTS AND ADDITIONS TO DECISION NO. 408, DATED 13.5.2015, OF THE COUNCIL OF MINISTERS, “ON THE APPROVAL OF THE TERRITORIAL DEVELOPMENT REGULATION”, AMENDED

In accordance with Article 100 of the Constitution and letter “b”, point 2, Article 6, of Law No. 107/2014, “On territorial planning and development”, as amended, upon the proposal of the Deputy Prime Minister and Minister of Infrastructure and Energy, the Council of Ministers

DECIDED:

In the text of the territorial development regulation, which is attached to decision no. 408, dated 13.5.2015, of the Council of Ministers, as amended, the following changes and additions are made:

Article 1

Point 10/7, of Article 2, is amended as follows:

"10/7. "TIP Project" are projects designed and approved by the National Territorial Planning Agency and the Territorial Development Agency for housing and residential purposes in rural areas, in accordance with the legislation and planning documents in force.".

Article 2

After point 9 of Article 10/2, point 10 is added, with the following content:

"10. The Secretariat issues a document rejecting the development permit, if the requesting entity does not pay the development permit fee, within 15 (fifteen) days from the receipt of the notification for the issuance of the invoice from the Secretariat.".

Article 3

In letter “d”, of Article 11, the words “… approved by the local authority …” are deleted.

Article 4

The following changes are made to Article 11/3:

a) Point 2 is amended as follows:

"2. The local territorial development authority approves construction permits for TIP projects for single-family buildings."

b) Letter “b” of point 4 is amended as follows:

“b) The TIP implementation project, approved by the ARD and the AKPT;”.

Article 5

Point 2 of Article 13 is amended as follows:

"2. The construction permit is transferable upon change of the beneficiary of the construction permit and is carried out by the authority that approved the permit, at the request of the developer or beneficiary."

Article 6

After Article 13, Article 13/1 is added, with the following content:

"Article 13/1

Change of developer entity

1. The developer, as well as the beneficiary, may request from the authority that approved the construction permit, in the e-Permit system, a change of the developer of the construction permit.

 2. The documentation that the applicant must submit for the change of the developer entity is as follows:

a) Power of attorney or authorization, on behalf of the natural or legal person, if the request is submitted by a representative of the developer;

b) Agreement for the transfer of development rights, according to the approved permit, between the developer and the beneficiary entity;

c) Document certifying the agreement of the property owner(s) participating in the development for the transfer of development rights from the developer to the beneficiary entity;

ç) Application fee, according to the legislation in force.

3. For cases within the competence of the KKTU, the secretariat issues a refusal to change the developer entity, if the applicant does not pay the relevant fee within 15 (fifteen) days from the receipt of the notification for the issuance of the invoice from the secretariat.".

Article 7

After point 4 of Article 14, points 5 and 6 are added, with the following content:

"5. The issuance of building permits by development authorities for private properties, which have been part of the development boundary and intended for public spaces, such as squares, parks, etc., is prohibited.

 6. It is prohibited to issue construction permits and preliminary declarations for the performance of works, as well as to carry out any type of work for the installation of fences, beams or any means of restricting access to those private properties or parts of their surface, which are burdened with public easement, within the meaning of Article 34 of Law No. 107/2014, “On territorial planning and development”, as amended. Regardless of whether the easement has not been registered in the real estate register, the same permits and works are not permitted on those private properties or parts of their surface in urban areas, which meet the legal conditions to be burdened with public easement, such as properties that constitute the exit route from buildings to public spaces, passageways between buildings or from buildings to public roads and squares, etc..”

Article 8

After point 3 of Article 17, points 4 and 5 are added, with the following content:

"4. For cases within the competence of the KKTU, if the requesting entity does not pay the relevant fee for the project change, within 15 (fifteen) days from receipt of the notification, the secretariat issues a rejection of the project change during construction.

5. In any case of change to the project during construction, the applicant must upload to the e-Permit system a joint statement between the developer and the architect, in which these parties accept and confirm the changes to the project.".

Article 9

After the first paragraph of Article 17/1, paragraph 2 is added, with the following content:

"For cases within the competence of the KKTU, the secretariat issues a refusal to review the conditions of the construction permit, if the requesting entity does not pay the relevant fee within 15 (fifteen) days from the receipt of the notification for the issuance of the invoice from the secretariat."

Article 10

After point 3 of Article 18, point 4 is added, with the following content:

"4. For cases within the competence of the KKTU, the secretariat issues a refusal to extend the construction permit deadline, if the requesting entity does not pay the relevant fee within 15 (fifteen) days from the receipt of the notification for the issuance of the invoice from the secretariat.".

Article 11

The letter "ç", in point 3, of Article 19, is amended as follows:

 "ç) Infrastructure works or/and construction facilities, regardless of development conditions and criteria, when located within the coastal strip area, as well as any facility above 6 floors, when located outside this area.".

Article 12

The following additions and amendments are made to Article 25:

a) After point 10, point 10/1 is added, with the following content:

"10/1. After confirmation of the KKTU decision, the applicant is notified by the KKTU secretariat to pay the fee for reviewing the application for a construction permit, within 90 (ninety) days from the issuance of the receipt by the secretariat.".

b) Point 11 is amended as follows:

"11. After paying the fee for the review of the application for a construction permit, through the electronic permit system, the applicant must upload the document proving the payment of the infrastructure impact tax from new constructions, as well as the fulfillment of the conditions set out in the decision, in the case of a conditional approval decision, within 90 (ninety) days from the receipt of the notification for the payment of the tax and the fulfillment of the conditions in the e-Permit system.".

Article 13

The following amendment and addition are made to Article 27:

a) The content of the first sentence of point 1 is replaced with "At the end of the development process, the applicant submits the request to be provided with a certificate of use, together with the inspection report and accompanying documentation, including the technical declaration that the facility was built in accordance with the project and technical conditions in force, to the development authority that approved the construction permit.".

b) After point 9, point 10 is added, with the following content:

"10. For certificates of use issued by the KKTU, the secretariat issues a refusal of the certificate of use, if the requesting entity does not pay the relevant fee, within 15 (fifteen) days from the receipt of the notification for the issuance of the invoice from the secretariat.".

Article 14

In point 6 of article 34, the following paragraphs are added:

"In existing situations, if the existing building has a sloped side, construction can continue from the sloped side to the property boundary, without the need for an agreement between the parties."

For facilities under the jurisdiction of the KKTU, only in cases of urban infill, the facility is built with a concrete face up to the height of the facilities that have concrete faces, to which it is attached, as well as respecting the height provided for in the general local plan in force."

Article 15

After point 2 of Article 35, point 3 is added, with the following content:

"3. Facilities under the jurisdiction of the KKTU, which are approved by special regulation, are exempt from the provisions of point 1 of this article, in cases where the border owner is the state.".

Article 16

Point 3 of Article 45 is amended as follows:

"3. Notwithstanding the provisions of Article 18 of this Regulation, for construction permits issued by territorial development authorities, whose validity period and application deadline have expired, but without exceeding the deadline set out in point 6 of Article 40 of Law No. 107/2014, "On Territorial Planning and Development", as amended, development entities may apply for an extension of the construction permit deadline and development authorities may review applications in the electronic system for construction permits, within January 2026."

Article 17

Transitional provision

1. The territorial development authorities are charged with reviewing the notifications under Article 6 of the territorial development regulation, preliminary declarations and construction permits for fences or any type of entry barrier to private properties, which violate public easement, within the meaning of Law No. 107/2014, “On territorial planning and development”, as amended, or which, even if they do not have a registered easement, meet all the legal conditions to be burdened with public easement, such as properties that constitute the exit route from buildings to public spaces, passageways between buildings or from buildings to public roads and squares, etc.

If the legal conditions of public easement and obstruction of access to public spaces were present at the time of issuing the notice, preliminary declaration or construction permit for fencing or for any other type of work that obstructs access, then the notices, preliminary declarations or permits are subject to cancellation, in whole or in part, in accordance with the Code of Administrative Procedures.

If the legal conditions of public easement and obstruction of access to public spaces arose after the issuance of a notice, prior declaration or construction permit for fencing or for any other type of work that obstructs access, then the notices, prior declarations or permits are subject to revocation, in whole or in part, in accordance with the Code of Administrative Procedures.

The cancellation or revocation procedure is initiated either primarily by municipalities, based on inspections carried out by development control structures in the territory, or upon complaint by interested parties.

2. It is prohibited to give prior declarations for the installation of fences, beams or any means of restricting access to those private properties or parts of their surface, for which there is an application for decision-making for a development permit or construction permit at the KKTU.

3. The National Territorial Planning Agency and the Territorial Development Agency are hereby tasked with approving the TIP projects, within 6 (six) months from the entry into force of this regulation, in accordance with the provisions of this regulation.

4. For all construction permits for which the application fee has been paid before the entry into force of this decision, the procedure will be continued by the local territorial development authorities, subject to obtaining conformity from the technical secretariat of the National Council for Territory and Water.

Article 18

The Territorial Development Agency, the National Territorial Planning Agency and local territorial development authorities are responsible for the implementation of this decision.

Article 19

Entry into force

This decision enters into force upon publication in the "Official Gazette".


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