Court battle continues for building constructed with proper permits but in violation of urban planing laws, in landmark case of property rights and law enforcement
VLORA, Nov. 12 – A court in the southwestern port city of Vlora has ordered authorities to allow access to owners and residents of a building that had been targeted for possible demolition in an investigation over illegal construction.
Vlora’s Administrative Court placed a temporary injunction of 10 days on the actions of INUK, as the national inspectorate on construction urban planning is known by its Albanian acronym. The state entity has been at the forefront of the new government’s action to demolish illegally-constructed buildings.
INUK and the owners will likely continue to battle in court over the legality of the construction in the seaside complex, in Vlora’s Uji i Ftohte neighborhood.
A week ago, police and INUK officials blocked access to the building. However, after the latter’s complaints, the administrative court ordered that access be allowed to owners and residents.
The grievances of the residents were also addressed by the office of Albania’s ombudsman, which sent representatives to contact state institutions on their behalf.
This particular building, known unofficially as ‘The Palace on the Sea’ has become a symbol of the governments efforts to reign in improper construction, but also a key point of political contention because some of the owners are seen as politically connected to the Democratic Party, which had been in power nationally when the building took place.
Meanwhile, the former head of INUK, Gjergj Bojaxhiu, told the Albanian service of Voice of America that the regulatory body had found violations in the facility a few years ago. He said that ownership verification documents were unusual because the owners were given land deeds that on maps showed as being in the sea. Urban planning bylaws in Vlora prohibit building on or right next to the sea, but permits were issued anyway.
Bojaxhiu told the broadcaster that the inspectorate had laid out criminal charges at the time against the Vlora mayor Shpetim Gjika for allowing the construction permits to be issued. The file was sent to the prosecution and a suit was filed with the municipality, but the the construction had already received a permit and went on to build, regardless of the fact that the permit was issued in contradiction with the regulations. Gjika was indicted two weeks ago on charges of corruption and abuse of power in an unrelated matter, in a move that caught many Albanians by surprise. Gjika, a three-term mayor, is one of the most successful local government leaders of the Socialist Party and close friend to Prime Minister Edi Rama, the Socialist leader and Vlora’s representative in parliament.
Rama acknowledged his close friendship with Gjika in a public statement and expressed his dismay at the news but at the same time he publicly said that the government would not interfere with the prosecutor’s office or try to be a “political shield” for Gjika.
Bojaxhiu said the state had failed to managing the area during the transition period, by tolerating the building of thousands of illegal constructions, while corruption of the legal system had allowed for the lawlessness not go on. He said in the VOA interview that the government should set up a clear plan on how to manage the coastline and set clear evaluation criteria of buildings being constructed without permission, suspicious permission or partial permission. Albania’s government has set urban planing as one of the key challenges of its work.
In Albania, the construction industry has been for many years the backbone of the economy, even though often operating in gray areas in terms of construction permits and deeds. That makes Albania’s government goal to set up clear rules even more difficult.
