A report of the Civic Center has analyzed the Decision of the Council of Ministers 589/2022, as a form of amnesty for companies that built without permission.
The government introduced a rule on September 12 that confiscates plots without a permit to use them for social housing, making it possible for builders to donate the property and escape "the law".
"This government decision comes with question marks and is very debatable since we are facing many contradictions with the law”, the QQ report points out.
In one analysis previously, Citizens Channel has addressed how this VKM does not serve social housing, as it is propagated, as well as its unconstitutionality. According to Citizens Channel's analysis, it turns out that besides the fact that this VKM does not serve social housing, it also makes illegal constructions legal.
"Eyes of Tirana" in Skenëdërbej square, one of the 15 objects affected by VKM/ Photo: Arbjona Çibuku
The report of the Citizen Attitude also brings to attention these problematic points of the VKM, from housing to the legitimization of constructions without permission for large companies, since as it is emphasized in the report, the same does not happen with the cases of individuals.
As for the urban aspect of the matter, the report says that "there is no way to check how safe these floors are being built".
"VKM in front of social housing"
The VKM determines in its second point how unlicensed floors will be used for social housing, thus becoming the next mechanism used by the government to increase the social housing fund.
An analysis of the legal framework and its implementation shows that so far the government has not managed to obtain apartments for the homeless from private individuals.
law "For Social Housing", approved in 2018, provides in article 19 that any private entity that applies for a construction permit with an area of more than 2000 m2, is obliged to transfer 3% of the area to the state for the social housing fund.
One of the 15 buildings built without permission in Tirana, confiscated by VKM 589/2022/ Photo: Arbjona Çibuku
The Municipality of Tirana has promised to use the "May 5" area, where a Compulsory Local Plan is being implemented for the transformation into "Tirana Riverside", which has encountered quite a bit of opposition from residents who are affected by the construction.
The Civic Attitude report analyzes the unresolved issue of social housing, placing it in the context of this VKM.
"History shows that social housing is a sensitive issue in our country, both from its effectiveness, but also from the way it has been used", says the report. The report further addresses the issue of expropriations as a result of new projects, mentioning the New Ring Road project.
"According to official data, 35 thousand families in the Republic of Albania have serious housing problems", says the report. It also shows that there have been many abuses in social housing policies.
"In researching data on beneficiaries of social housing for 2021, out of 2405 beneficiaries of low-interest loan treatment, 890 are employees of the public administration", the report continues.
"Legitimization of constructions without permission only for big companies"
In the analysis of this VKM, Citizens Channel addressed how this decision paves the way for the legitimization of illegal constructions.
According to point 4 of VKM, confiscated constructions can be purchased by the builder or any subject authorized by him. According to experts, this VKM does nothing but favor the registration of constructions without permission.
The report states that the application of this decision only serves large construction companies.
One of the 15 buildings built without permission in Tirana, confiscated by VKM 589/2022/ Photo: Arbjona Çibuku
"We are faced with this fact, when we see how construction companies are amnestied for properties worth millions of euros built without permission. The differentiation that this VKM seems to create is impossible not to notice", the report continues.
According to the data presented in the report, 3415 people were convicted for the criminal offense of "illegal construction" while thousands of others have faced criminal prosecution and administrative sanctions".
The VKM determines that it only applies to unlicensed construction for the purpose of profit, thus leaving out builders for the purpose of living.
Tape placed on the confiscated object/ Photo: Arbjona Çibuku
"Such a VKM does nothing but deepen the cycle of injustices in our country", the report emphasizes, bringing to attention the cases of ordinary individuals who received fines or were sentenced to prison for building an addition to their homes.
"Until September of this year, 27 cases were investigated for the criminal offense of construction without permission, of which 23 were convicted.", says the report.
Currently, based on this VKM, the floors of 15 buildings in the capital have been confiscated without permission.
There is still no information from the relevant bodies on how these floors will be used for social housing.
Buildings in the center of Tirana/ Photo: Arbjona Çibuku
The report recommends that construction companies that build without a permit should face charges for the criminal offense they have committed and therefore suffer the punishment provided by the law.
"For floors built without a permit, a regular urban control must be done to prove the stability of the object”, is the next recommendation of the report.
Finally, the report recommends that in cases where a citizen opens or closes a window or changes the roof of the house "they should not be considered construction without a permit based on the Penal Code" and this type of classification should be stopped.
He completed master's studies in Investigative Journalism at the Department of Journalism at the University of Tirana. She has been working as a journalist for five years, where she previously covered issues of politics and parliamentary activity, in print and online media. She is currently a journalist at Citizens.al, where she covers various social issues related to the transparency of institutions. At Citizens.al, she leads the podcast "The Unheard" and is engaged as a manager of projects related to the support of investigative journalism.
