Municipality of Prishtina
Archis Interventions Prishtina/Berlin
RECOMMENDATIONS FOR FUTURE STEPS IN THE LEGALIZATION PROCESS Report from Workshop on Assessment of Legalization Process in Prishtina Municipality
Held on November 26, 2010
December 2010 Prishtina
CONTENT INTRODUCTION............................................................................................................... 3 PARTICIPANTS IN WORKSHOP: ................................................................................... 4
PART A: INFORMATION ABOUT LEGALIZATION PROCESS A.1. DUTIES OF THE MUNICIPALITY IN THE LEGALIZATION PROCESS.................. 5 A.2. RESULTS OF THE INFORMATION CAMPAIGN..................................................... 5 A.3. APPLICATION PROCESS FOR LEGALIZATION ................................................... 6 A.4. STATUS OF REGULATORY PLANS....................................................................... 7
PART B: RECOMMENDATIONS FOR NEXT STEPS B.1. DUTIES OF THE SECTOR FOR LEGALIZATION ................................................... 8 B.2. TIMEFRAME OF LEGALIZATION PROCESS ......................................................... 8 B.3. INTEGRATION OF ARIAL PHOTO IN GIS SYSTEM ............................................ 10 B.5. DATA PROCESSING.............................................................................................. 10 B.6. PRIORITY AREAS FOR LEGALIZATION.............................................................. 11 B.7. INTEGRATION OF ILLEGAL BUILDINGS IN PLANNING .................................... 13 B.9. MODEL PROJECT OF LEGALIZATION ................................................................ 13 B.8. REVISION OF REGULATORY PLANS .................................................................. 14 B.10. REGULAR PERMITS DURING THE PROCESS OF LEGALIZATION ................ 14 B.11. ESTABLISHMENT OF STRATEGIC GROUP ...................................................... 15 B.12. INSTITUTIONAL COOPERATION ....................................................................... 15 B.13. ISSUING LEGALIZATION PERMIT...................................................................... 15
Introduction Municipality of Prishtina has started the process of Legalization in October of 2010. The first phase of the legalization process- application and registration of illegal buildings - will last until end December 2010. During this phase, public discussions were held and a significant number of citizens have applied for legalization of their buildings. The second phase of the legalization process will start in the beginning of year 2011. The duty of the Municipality of Prishtina in the following stage is the revision of regulatory plans, parallel to drafting of new ones that ought to incorporate buildings subject to process of legalization. In order for the legalization process to be successful and the results of legalization to be coordinated with the city planning process, the Municipality of Prishtina, in cooperation with Archis Interventions, organized a joint workshop, “Prishtina-Dynamic City�, where directions for future development were discussed and formulated. As the following second phase of the legalization process requires an integrated approach to planning, monitoring and documentation of legalization, a need has emerged for organizing a workshop for assessing the initial phase of the process of legalization. This workshop concentrated on current issues of the process and in reconfirmation of next steps based on the finding till now.
Participants in Workshop: Avdullah Hoti, Deputy Mayor Behxhet Musliu, Head of legalization sector
Florina Jerliu, Adviser to the Mayor/AI Prishtina Kai Vöckler, AI Berlin
Agim Salihu, Head of Legal Office
Wilfried Hackenbroich, AI Berlin
Hazir Zhitia, Coordinator of Legalization Sector
Vlora Navakazi, UP/AI Prishtina
Ergyn Hajredini, Legalization Sector
Dafinë Gashi, Student of architecture/AI Prishtina
Nebahate Rashiti, Legalization Sector Sadik Hajdini, Legalization Sector
Moderation of workshop:
Florina Jerliu, Kai Vöckler
Note keeper:
Dafinë Gashi
Report witting:
Florina Jerliu
PART A: INFORMATION ABOUT LEGALIZATION PROCESS A.1. Duties of the Municipality in the legalization process Municipality of Prishtina has approved the Regulation for the Treatment of Illegal Constructions in July of 2009, where legal criteria for legalization are defined. Based on this Regulation, following commitments were concentrated in three directions: 1. Determination of technical conditions for legalization In year 2009, a Manual for Treatment of Illegal Construction was drafted and approved. Manual determines: -
Minimal technical requirements for Legalization Organizational steps of the Process of Legalization
2. Legalization sector Legalization Sector was established in October 2010 and consists of the chairperson, 5 architects and one construction engineer. The sector shall engage more staff if necessary, that is, other professional profiles: electrical engineers, land surveyors, etc. 3. Review of regulatory plans According to the recommendations of the Manual, Municipality of Prishtina will initiate the revision of Regulatory Plans. This process will take place alongside the treatment of illegal construction, with the aim to determine: - urban conditions (minimal) for Legalization - “Model” projects for treatment of illegal construction through urban development
A.2. Results of the information campaign An information campaign for citizens was organized during October 2010. Nine public meetings were held in different neighborhoods of Prishina as scheduled below: 1
11.10. 2010
2
13 10.2010
3
14 10.2010
Neighborhoods: “Kodra e Trimave” and “Besiana” and villages located in the north of the city . Neighborhoods : “Gallapi”, “Çamëria”, “Medresesë”, “Gjinaj”, “Vneshta” and villages located in the north-east of the city. Neighborhoods : “Dodona”, “Vellusha”, “Velani”, “Ilirida”, “Taslixhe”, “Tauk Bashçe”, “Sefali” and“ Normale”.
4
18 10.2010
Neighborhoods: “Kodra e Diellit”, “Muhaxhirët”, “Lagja e Spitalit”.
5
20 10.2010
Neighborhoods: “Mat”, “Mati 1”, Zllatar, “Kodra e Diellit 2”, dwellers in the “Isa Kastrati” street and connecting streets
6
21 10.2010
Neighborhoods : “Qendër”, “Tophane”, “Arbëri”.
7
25 10.2010
Neighborhoods : “Ulpianë”, “Dardani”, Lakërishte”, “Qyteza Pejton” and “Kalabri”
8
26 10.2010
Neighborhoods: “New Prishtina” Zona Center and Zone West”
9
28 10.2010
Neighborhoods: “New Prishtina” Zone East” village Hajvali, Neighborhoods along highway Prishtina- Gjilan.
During public discussions, needs and requirements of citizens were identified. As a result, were undertaken these changes: -
Simplification of procedure for application. Required documentation for application can be of an older date; property and legal documents will be issued by the municipality for the purposes of legalization process in shorter time; enabling the application without proper legal papers for ownership, provided that these cases be processed / regulated by the applicants in meantime before the second phase of legalization process begins.
-
Postponing the deadline for application by the end of December 2010. This enabled inclusion in the process of citizens from the Diaspora and those being temporarily out of Prishtina during October 2010.
-
Regulation on legalization was revised in the point of minimum technical criteria for application. Architectural plans are not required in the first phase of the application, but will be required later, from those buildings which shall receive a positive assessment in terms of technical criteria by the site inspection of the Legalization Sector. After this phase, applicants must submit architectural plans.
-
Regulation on legalization was revised in the point of the tax level as “full tax + 3% tax penalty). The penalty of 30% has been eliminated.
A.3. Application process for legalization The process of application for legalization began in October 1st, 2010 and will end in the end of December. To date (26 November 2010), 3200 applications were submitted by citizens. Up to 500 citizens daily were in lines for application in the last days of the application process before postponing the deadline, which means that by the end of December, more applications shall be submitted. Expectations of the workshop participants is to receive about 5000 applications until end December, which is regarded as solid number against the total assessment of about 10000
illegal buildings of all categories in Prishtina (new construction, extentions, excess of construction permit, etc. ).
A.4. Status of Regulatory Plans About 70-80% of Prishtina’s urban area is covered with Regulatory Plans. Despite of their existence, the problem of implementation of plans and disrespect of planning norms is evident, especially in central city areas. Among main spatial problems identified in Prishtina in this workshop is the great discrepancy between plans (most prescribe high-rise buildings) and the situation in the field (most are individual residential houses). Main reasons for this are: •
Production of regulation plans as total redevelopment of neighborhoods from individual housing into collective housing complexes
•
Lack of legal mechanisms for implementation of such redevelopment plans. Lacks legal instruments for land consolidation, respectively, legal provisions that oblige individual houses’ owners to sell/contract the parcel for a highrise building. As a result, new urban blocks can not be forced, only encouraged.
•
Low level of economic development - even if such mechanisms for implementation of regulatory plans are in place, general low economic level in Kosovo will continue to be a persistent obstacle for development of private properties!
PART B: RECOMMENDATIONS FOR NEXT STEPS B.1. Duties of the Sector for Legalization Sector of Legalization as a functional unit for implementing the Regulation for Treatment of Illegal Construction, is in the process of consolidation and is expected soon to take over following operations: a) Data processing of applications for legalization in the form: -
spreadsheet (database with categorization options)
-
graphical (mapping / aerial photography)
b) Making of Registry ( to be published after the deadline for application) c) Categorization of buildings (applications) by: -
Neighborhoods (spatial)
-
Type of facility (residential, high-rise, annex)
-
Regularity of legal property documentation
d) Definition of priority zones for legalization, categorization of buildings (applications)
based
on
the
e) Inspection of building and assessment of technical criteria as per priority zones (expected that inspection in location will be done by min. 15 persons qualified for technical assessment of buildings)
B.2. Timeframe of legalization process Timeframe of legalization process is determined by Regulation, according to which, the whole process should be concluded in a period of about 14 months. However, the Regulation provides the opportunity to delay the deadlines, depending on the trend of the process. During discussion at the workshop, it is concluded that this process occurs for the first time and it is difficult to determine the general trend, meanwhile, the timeframes could be foresees for separate phases. Also, the difficulty in determining time limits is conditioned by technical difficulties which at this phase (phase 1) are continuously being identified.
•
However, it’s considered that it is important to set deadlines, respectively, to create predictions about timeframes in order to: - facilitate the administrative work of the Sector for Legalization - better organization of operating work in the field - Inform parties about the process within acceptable timeframes - ensure transparency of the process towards citizens of Prishtina
•
Predictions of timeframes can be made through a formula: ⎛ ⎞ Nr.of Applications ⎟⎟ + K .dt + K .Permit K . Legalization = KP t / g + ⎜⎜ Nr of Teams × Nr Build day . . . . / ⎝ ⎠
where: K. Legalization
=
Timeframe of the legalization process (forecast)
KP t/g
=
Time for data processing in spreadsheet (database) and graphics (mapping)
Nr. Of Teams
=
Number of teams for inspection of buildings in location; depends on the number of persons engaged for inspection
Nr.Build. /day
=
Number of buildings inspected in a day depends on the number of inspection team members
K.dt
=
Deadline for submission of technical documentation by applicants, including the time needed to draft the terms for legalization for those buildings that do not meet the technical criteria
K.Permit
•
=
deadline for issuing the permit of legalization
This formula helps to set the desired timeframe for thwe Legalization Process. For example: -
If data processing is done within 40 working days (2 months);
-
If 20 people are engaged for inspection of buildings in the field where a team consists of 2 persons and each team can inspect an estimation of 8 buildings per day;
-
If the number of applications is 5000 ;
-
If the timeframe for issuing conditions for legalization and delivery of technical applications is ca.100 working days;
than, the estimated timeframe for the process cab be ca. 200 days, respectively, 10 months, not including the first phase of the application (2 months) (see formula below):
Example: ⎛ ca.5000 Applications ⎞ 5000 ⎟⎟ = 40 + T . Legaliziation = 40days + ⎜⎜ + 100 = ca.200 days (10 months ) Teams Building day 10 × 8 / 80 ⎠ ⎝
B.3. Integration of Arial photo in GIS system The air photo was taken on 19.08.2010, which represents day “0” Citizens were informed through media that any illegal construction after day “0” will not be subject to legalization process; Arial photo is not been used yet in terms of mapping of buildings which applied for legalization.
During discussions in the workshop, it was concluded that there is a high need for integration of the Arial photo in GIS, and integrated all data from applications for legalization: - Integration of areal photo of the day “0” in the GIS system -
Entering data applications /mapping in areal photo (in GIS):
Spreadsheet data of buildings applied for legalization (owner, address etc. )
Mapping / location of buildings that applied for legalization
Land use as per Regulatory Plans (in neighborhoods covered by plans)
Buildings that have permits located in areas cover by plans (in order to evaluate the level/ratio of legal buildings and those without permits, against the criteria of the Plan).
B.5. Data processing Systematic processing of data from applications for legalization in spreadsheet must be finished by the end of the first week of January 2011. This process is ongoing; It is recommended that these data be transferred (rounded) in the map. •
Produce Strategic Map ( until the end of the third week of Jauary 2011)
In absence of accurate addresses, mapping of objects/applications is difficult and takes time. In meantime, production of a map that provides visual insight to the flow of applications is very important in terms of organizing the second phase of the legalization and the strategy for setting priorities in the field of legalization. Strategic Map must be created on the arial photo and should indicate:
Illegal buildings (applications)- with red dots
Legal building– with blue dots
boundaries of regulatory plans - with yellow lines
For the Strategic Map to be produced within the shortest possible time, the Municipality may request technical assistance from the Faculty of Civil Engineering and Architecture, UP. Produce formal map (until the end of February 2011) Accurate mapping of buildings that applied for legalization is a formal obligation of Municipality of Prishtina. The formal map must be created over the areal photo, and it is strongly recommended that this map is integrated in a GIS system. Initially, for the purposes of legalization, this map should indicate: o Exact location of illegal buildings /applications - with red lines o Exact location of legal buildings - with blue lines
Cadastral layout (harmonized with the data from Kosovo Cadastral Agency)
Boundaries of regulatory plans – with yellow lines
Land use of areas within the regulatory plans – colors according to standard nomenclature for the purpose of areas
B.6. Priority areas for legalization So far, priority areas for legalization have not been defined due to the fact that the application phase is not concluded. However, based on discussions at the workshop, the need emerges to consider in parallel, approaches that the Municipality of Prishtina should have with regards to priorities, respectively, the buildings that will have priority for the granting of Legalization permit.
•
During discussions in the workshop, indicators that will be used in determining priority areas for legalization were identified. Ptiority areas will be identified through taking into consideration following points: -
The flux of applications for legalization in terms of spatial extent. Depending on the number of applications coming for specific neighborhoods, priority areas for further processing of documents for legalization will be identified in a larger scheme;
-
Strategic development projects Governance of Prishtina)
(based
on
the
Program
for
Depending on capital projects, such as construction of specific buildings within the existing neighborhoods, expansion of roads and partial implementation of regulatory plans; -
Categorization of illegal buildings. Depending on the category of buildings, priority areas in the city for further processing of documents for legalization will be identified. During discussion in the workshop, possible categorization of buildings was proposed: I. Buildings that fulfill legal and technical criteria (sub-category 1 residential houses) II. Buildings that fulfill legal and technical criteria (sub-category 2: buildings exceeding 450 sqm) III. Buildings that fulfill legal and technical criteria (sub-category 3: additions to the existing legal buildings) IV. Buildings that fulfill legal criteria but not technical criteria (must undergo appropriate interventions to fulfill technical criteria) After site inspection by the Sector for legalization, buildings identified as not fulfilling the technical criteria will undergo physical modification. Under the terms of legalization that shall be written the Sector for Legalization, applicant will produce architectural plans according to which – after being adopted by the sector for legalization - the physical modifications of building will take place, and subsequently, legalization permit will be issued. V. Buildings that do not fulfill the legal criteria (proof of ownership) VI. Buildings that do not fulfill legal nor technical criteria (ownership certification and appropriate interventions needed to fulfill the technical criteria) Last two categories (V and VI) will be eliminated from the pocess of legalization until they regulate the property-legal issues, in this order:
- Suspension: Applicants who are in the procedure of transferring property from one holder to another (inharitance, selling) will be suspended from the process of legalization until the closure of their property-legal procedures; - Elimination: Applicants who do not provide proof of ownership of their lands (buildings built in private, also in public land), will be eliminated from the process of legalization. As alleged during the workshop, an advantage is that in most of those cases, the property is private. Hence, the second phase of legalization should follow the list: Priority 1:
buildings of category I-III
Priority 2:
buildings of category IV
Priority 3:
buildings of category V and VI.
B.7. Integration of illegal buildings in planning Currently, integration of illegal buildings in the planning, respectively in regulatory plans, is not happening. When the area is not cover by regulatory plan, there are cases of issuing temporary permit, only for reconstruction, and rarely for building a new facility. As a procedure, after granting such permit, the possibility of integration of that specific building in the next regulatory plan is considered. It is recommended to initiate the integration of legalized buildings not only in a formal way, that is, to consider in advance a more comprehensive integration in the concerned area.
B.9. Model project of legalization •
Model Project of legalization, combines treatment of illegal buildings in those parts of the city where the need for realization of an investment project is identified by the Municipality of Prishtina.
•
Project Model of legalization will be determined after being identified:
•
-
Priority zones for legalization
-
Strategic development projects
Project model for legalization facilitates an integrated approach to the revision of regulatory plans.
•
In addition to the manual, which provides technical criteria for legalization, a strategy for planning of the city of Prishtina is also drafted. This strategy is given in the document “Prishtina-dynamic city” which highlights education and youth. The aim of this document was to provide directions for continual city development and halting of urban fragmentation.
• It is recommended that the document “Prishtina-Dynamic City” be the base for revision of regulatory plans.
B.8. Revision of regulatory plans •
For the purposes of legalization and also, for proper planning, regulatory plans should be revised based on new urban conditions and legal requirement to review the plan every 5 years.
•
During the review of plans, it should be clearly defined the routes and building lines.
• Based on the experiences of participants in workshop, during the review of regulatory plans, three unarguable rules which are based on citizens’ safety, should be considered in order to integrate the legalized buildings: -
Provide streets with adequate width - to enable the movement for fire brigade vehicles;
-
Provide access of fireman within individual parcels, for evacuation purposes;
-
Height of buildings should not exceed more than 5 floors, for evacuation purposes.
It is concluded that through these rules, the security conditions of citizens will be improved (security being the first objective of the spatial regulation of the city): “We cannot dream of fantastic plans, but must rely on the reality created in the city” The following objective will be to improve urban living conditions, which could be realized in subsequent phases of planing and urban menagement of Prishtina. Highlights of urban quality (eg. parking,) can be regulated through urban management measures and complementary projects of the municipality.
B.10. Regular permits during the process of legalization During the process of legalization, respectively, during the period of revision of regulatory plans, the issuance of regular buildings permits need to continue according to the Law on Construction.
•
It is recommended to create a strategy - as a result of the Strategic Map which would show respect for people who have waited/ are in the proces of applying for a building permit. Only by differentiating with two different colors illegal and legal buildings in the Strategic Map, conditions will be created for adequate and just treatment of those individuals who were honest with regards to building permits.
B.11. Establishment of Strategic Group •
It is recommended to establish a Strategic Group which will do the revision of regulatory plans, where participants will be municipal planning officials and outsource experts
•
It is recommended that the work of the Strategic Group is organized in the form of workshops which will be facilitated through co-financing of municipality and donors.
B.12. Institutional cooperation For the purpose of better translation of data from spreadsheet into the map, a continuous cooperation with corresponding institutions is highly needed. a) Deepening of cooperation with Kosovo Cadastral Agency b) Exchange of experiences with Albania (Tirana Municipality, ALUIZNI) Official visits in Albania (Tirana) are very important in terms of exchanging experiences in administering the legalization process. It is recommended to organize a first visit as soon as possible (second week of January 2011) in order to benefit from the experience and recommendations of legalization officials in Albania, before proceeding with second phase of Legalization. This is particularly important for the fact that Albanian institutions have created a sophisticated and efficient system for processing of data, which can serve as a model for the System of Legalization in Prishtina.
B.13. Issuing legalization permit •
During the discussion in this workshop, it is concluded that the Directorate of Urbanism does not have human capacities beyond issuing regular permits, that is, to proceed as the sole authority for issuing also the legalization permits.
•
It is proposed that the issuance of legalization permits be organized in groups, once a week, according to this procedure: o X cases per week prepared for final review
o final consultations between the Sector of Legalization and the Legalization Seal Holder to review X cases be held once a week o public announcement for the day of the issuance of legalization permits be on the following week, specific day of the week.