The ground is being prepared for a multi-storey garage: Will illegal construction be built in front of everyone at the Parliament?
If the building does not start to be built within two years after the building permit became valid, it is considered that the building is illegal, according to the Law on Building.
Behind the Republic Assembly, the ground for the construction of a multi-storey garage has started to be prepared. The space is not yet fenced with tin screens, only the construction plot is marked with red strips, but a board with construction data has been installed. For now, there is only one excavator there, but the existing trees have already been cut down to clear the site for construction.
The detailed urban plan "Small Ring", which provided for the construction of an underground garage in this space between the Parliament and the House of the Army, was changed when Vladimir Todorović was the mayor of Centar Municipality and then the stamp for underground was replaced with a stamp for a multi-storey garage.
In June 2013, at an electronic auction in the Ministry of Transport and Communications, the land of 2.455 square meters was bought by the company "Ango" DOOEL for 8.355 denars or about 135 euros per square meter. The plan called for the garage to be nine meters high, and 15 percent of the building could be office space.
After all the procedures were completed and the construction land was sold, the developer requested a construction permit, which he received a year later, on August 26, and it became valid on September 10 of the same year. At that time, the municipality was managed by Andrej Zernovski.
In 2018, the next mayor, Saša Bogdanović, canceled the developer's construction permit because the construction was not started within two years after the decision became valid.
The legally stipulated deadline for starting construction is two years from the validity of the building permit, otherwise the building permit ceases to be valid - Bogdanović explained then, specifying that at the request of the Municipality, the Bureau of Forensic Expertise conducted an expert opinion and determined that the specific plot of land no building is being built, nor has it ever started to be built.
The decision of the Municipality of Centar was confirmed by the Ministry of Transport and Communications, but the investor "Ango" DOOEL started an appeal procedure to the Administrative Court, which in December 2021 ruled that the lawsuit of the investor was accepted and thus the decision of the Ministry of Transport was annulled and connections to the Municipality of Center.
But does the ruling mean that even now, after 10 years after the building permit was issued, the developer can build according to it. According to the board placed on the building plot, it is indicated that it will be built on the basis of building permit UP1 no. 28-300 issued on August 26.8.2014, XNUMX by the Municipality of Centar, something that is not provided for in the Building Law.
Paragraph 1 of Article 66 of the Law specifies that the building permit ceases to be valid if the investor does not start construction within two years from the day the building permit became valid.
In the cases referred to in paragraph (1) of this article, the competent authority that issued the building permit adopts an act of nullity of the approval, which is submitted to the authority responsible for keeping the public book for recording real estate rights, and it is the basis for deleting all real estate-related caveats and caveats. If the construction started after the expiry of the term from paragraph (1) of this article, it is considered that the construction is illegal - it is stated in the Law on Construction.
Is illegal construction starting to be built in the center of Skopje in front of the eyes of all the authorities, of all the inspections?
The Municipality of Centar has not yet answered whether their decision issued ten years ago is valid according to their assessment, even though the Law claims otherwise.