With a court ruling, the permit for the construction of the multi-storey garage near Sobranie was "stretched" from two to ten years
The start of construction on the multi-storey garage in the green space between the State Assembly and the Army House shows how a building permit, which legally has to start within two years of being issued, can be "stretched to ten years" and still be legal. It is enough for the investor to complain and appeal the decisions of the Municipality, for the court to rule in his favor and for the construction permit to be valid for a whole decade, regardless of the fact that he did not respect the legally established deadline for starting construction.
The Municipality of Centar explained to the "Free Press" the entire procedure so far and how it came about that this building, which is now starting to be built, is not considered an illegal building.
On August 26, 2014, the municipality issued a building permit to the developer DTPU "ANGO", which became valid on September 10 of the same year. According to Article 66 of the Law on Construction, the approval ceases to be valid if the investor does not start construction within two years from the date of its entry into force, and after that period, the construction is considered illegal. The developer did not start construction activities, and because of that, in November 2018, the Municipality of Centar canceled the previously issued construction permit.
The investor filed an appeal against the decision, which was rejected as unfounded by the second-level authority in March 2019. In April 2019, DPTU "ANGO" submitted a lawsuit to the Administrative Court against the second instance decision. The Administrative Court, with judgment U-3 no. 214/2019 of April 16.4.2020, 2018, upheld the claim of the plaintiff, and annulled the decision of the second instance authority. Taking into account the ruling of the Administrative Court, the second-level authority at the Ministry of Transport and Communications in June made a decision in which it accepted the appeal of DTPU "ANGO", and annulled the decision of the Municipality of Centar-Skopje from November XNUMX and returned the matter to the first-level authority of re-procedure.
The Municipality of Centar, following the guidelines given through the judgment U-3 No. 214/2019 of 16.4.2020, again declared the building permit null and void, but in terms of the Decision Up2 No. 32-633/2018 of 04.02.2022, and passed in connection with the Judgment of the Administrative Court U-3 No. 20/2021 of 23.12.2021, valid on 23.12.2021, is obliged to follow the directions given in the Judgment and act in accordance with it, and thus no longer has the legal possibility to declare the Approval null and void. In that way, there is no legal obstacle to realize the construction. Thus, having the term provided for by the Building Law, for the registration of construction, and thus the realization of the construction of the building, the term for construction in accordance with the Building Approval expires on 10.9.2024. It is about an administrative procedure under an extraordinary legal remedy, which was in progress even after the departure of the previous mayor - the Municipality of Centar explains.
And so, the one-story garage that is starting to be built near the Assembly is not illegal construction. After the long administrative procedure, a ten-year-old decision applies to her.
The number of floors of the building according to the Detailed Urban Plan is P+2, and the entrance to it will be from the access street between the Parliament and the House of the ARM. Whether such a commercial facility affects the security of the Parliament as a vital facility of state importance, the Ministry of the Interior has not received an answer for three days now.
