At a press conference held at the Prime Minister’s Office, Prime Minister Edi Rama, together with the Minister of Internal Affairs Albana Koçiu and the Minister of Justice Besfort Lamallari, presented the government’s new measures aimed at strengthening territorial control, safeguarding public spaces, and ensuring the proper enforcement of construction permits.
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Prime Minister Edi Rama: Good afternoon and welcome!
This conference holds a special value for this moment in our journey, and it is also important for informing the public about all the measures the government has undertaken, some of which have already entered into force as law, while others will soon be subject to public consultation, as they are measures linked to the Penal Code. Taken together, these measures respond to what I have been warning for some time now: the absolute necessity to elevate to a new level our efforts to put a definitive end to unlawful interventions of all kinds in the territory of the Republic of Albania.
This is, I believe, a 360-degree approach, which extends to all directions where problems have been identified, and I am convinced it will produce significant results, as it creates conditions for further discipline throughout the construction process.
Let me take them in order, as these measures address different actors in this process, beginning with strengthening the guarantee for the implementation of architectural projects through the mandatory legal inclusion of the responsible architect in the execution of construction works.
Another novelty is the formalization of the notification procedure, by setting out detailed rules for the responsible institutions and supervisory authorities before the start of any type of work, so that the process is entirely traceable and documented.
Furthermore, there is the establishment of distinct control phases, clearly separating each stage during the implementation period, with real-time monitoring of the approved projects. This too has been a serious weakness until today.
In addition, there is the strengthening of oversight mechanisms by requiring four mandatory control stages by local government units. Afterwards comes the obligation that the certificate of occupancy may only be issued by the responsible territorial development authority, after the local government unit confirms the act of inspection, this includes the completion of facades, and external systems, all in compliance with the approved architectural project. We have also added the requirement that water and electricity connections may only be provided after the certificate of occupancy has been issued.
One the other hand, it will no longer be permitted for buildings and residential complexes without a certificate of occupancy to be connected to water and electricity. It will no longer be permitted for people to move into apartments before the building is properly completed and before the owners are equipped with property titles.
This entire block of measures is part of the law on the control and discipline of construction works.
Meanwhile, another block relates to amendments in the law on territorial planning and development, which cover the regulation, inventory, and registration of public spaces.
Until now, there has been no legal requirement for registering public spaces. With this new measure, such registration becomes a legal obligation.
Those properties that are recorded in the property register are not alienated, but when there is no construction permit, it is the responsibility of the municipality and the state to guarantee cleanliness, security, and of course, to plant trees, create green areas, and establish community spaces, but without any profit-making purpose.
Another measure is the creation of the national electronic registry of development and construction permits. This is a national digital database in which all development and construction permit are issued by all Territorial Development Authorities recorded. It will serve as a reference point for everyone, everywhere. Anyone will be able to verify developments in this database.
Another measure is the establishment of a blacklist and the prohibition of applying for construction permits for violators of permit rules. And this does not apply only to companies, but also to individuals. The blacklist will include developers, companies, individuals who have broken the law, including administrators, partners, and beneficial owners, who will be excluded from the possibility of obtaining a construction permit for a five-year period. This list will be maintained and updated by the Technical Secretariat of the National Territorial and Water Council and will be a public registry accessible on the official website.
Another point is the monitoring of the territory through technology: the use of cameras, drones, and GPS systems for real-time monitoring of construction works and compliance with permits. As of today, the National Territorial Council requires cameras to be installed at all construction sites so that the entire process can be followed in real time.
Another measure is the establishment of the “green fund,” which obliges construction entities to guarantee the planting of a certain number of trees in proportion to the construction area. Special rules for this fund will be defined by a decision of the Council of Ministers.
Further, there is another measure requiring the registration of construction permits with the State Cadaster Agency and notification of the National Chamber of Notaries. This is meant to ensure that whoever buys an apartment or commercial unit can be certain that they are purchasing a registered and registrable property.
There is also an important new obligation for construction permits of residential buildings: they must include designated spaces for children. Likewise, we have foreseen clear rules for expropriation for public interest or for social housing purposes.
This was another block of new measures, which then continues with other issues, such as construction projects that have been started but left unfinished.
Another measure taken is that administrative and judicial appeals will no longer suspend the execution of the final decision of the responsible National Territorial Development Authority. This is a very important measure, because in this area there have been many speculations and abuse, as well as cases of tacit acceptance, where either the local authority or a central agency operating in the territory failed to appear in court at all. Therefore, there will be no suspension of the execution of decisions issued by the Territorial Development Authority.
Another innovation is the strengthening of the role of the State Police as part of institutional cooperation for the control and monitoring of the territory. Cooperation between the State Police and territorial control authorities is reinforced through new legal instruments, giving the responsible authorities—and more concretely, local government—the possibility of immediate legal interaction with the State Police regarding this issue.
In addition, new provisions have been introduced concerning the failure to implement facades in accordance with the approved projects. The facade represents the right of every citizen, even those who do not reside in that building, to benefit from an aesthetic presence in their living environment. Beyond that, the facade also involves other essential components such as energy efficiency and related aspects.
Further provisions have been introduced requiring that entities caught in violation must cover the costs of demolition and site clearance.
Another measure concerns the non-action of authorities in cases of tacit approval. These are cases where the permit document must be delivered to the applicant within 15 days from the date of payment of the infrastructure impact tax by the local authority, or within 30 days by the central authority, after which the permit is automatically generated. In all such cases, sanctions will now apply. The sanctions will fall directly on the mayor of the municipality or on the secretariat of the National Territorial and Water Council, depending on which authority was responsible.
Furthermore, administrative measures have been toughened. In addition to the above, these measures cover the failure to declare works that require prior declaration, as well as carrying out construction without a permit within the coastal zone or in areas designated as priority tourism development zones, among others. This constituted the second block.
The third block of amendments relates to the law on inspection and protection of the territory from unlawful construction. This includes monitoring of permits under the competence of the National Territorial Council by the National Territorial Development Agency, which will bring a substantial change to the overall monitoring structure.
Another tightening of measures concerns the failure to carry out inspections, along with a series of other elements related not only to the falsification of inspection results, but also to the failure to respect deadlines for issuing decisions within the legally prescribed timeframes; the failure to respect deadlines for implementing such decisions; the failure to enforce suspension orders; failure to respect deadlines for providing information; obstruction of duty; and failure to promptly request the revocation of the supervisor’s license when violations are found. These are all new measures that are already in force as we speak. Meanwhile, amendments to the Penal Code are entering the consultation stage.
Furthermore, when such violations occur in protected areas, in natural parks, or when they endanger cultural heritage sites, places of worship, cultural monuments, or critical infrastructure, prison sentences will be significantly longer. And when such an offense is committed by individuals on the state payroll, in any capacity, and especially when willful neglect or collusion is proven on the part of those who are supposed to protect these territories, the sentence will be even harsher. Several specific provisions are dedicated precisely to such state officials.
These are all the changes—except for those to the Penal Code, which are still under consultation. All other measures are already in force. The Minister of Internal Affairs and the Minister of Justice have begun working on an information process.
We will also send them to all architectural studios, all notaries, all engineers, and of course, all construction companies. The rights of the community must prevail once and for all, and no blind force of any kind or dimension will be allowed to hold even a single-family hostage.
This is the full picture, and that is why we thought of presenting it in this way—to ensure that people can follow it and that we can answer your questions, which should be strictly about this topic and nothing else.