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Concerning the land


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MANAGEMENT OF LAND WITHOUT CONSTRUCTIONS



Article 29
Management of land for construction shall be done through regional plans, master plans, general adjustment plans, and partial urban planning studies. The Regulation of Urban planning determines their content.
Article 30
Within the meaning of this law, the land private property and the land, public property has the same value for urbanization. The manner of their use for construction purposes shall be defined in the regional urban planning studies, master plans, general adjustment plans and partial urban planning studies.
Article 31
In application of all types of urban planning studies, according to their implementation phases in compliance with this law and other legal acts, shall be executed the expropriation in full conformity with private immovable property valuation and with relevant expropriation procedures.
Article 32
Owners of the lands within the constructions bordering lines in towns, villages and residential areas have the right that through licensed organs and persons to perform studies on their estate territories upon receipt from urban planning organs the criteria and urban planning conditions defined in the studies in force. These studies are not compulsory for use by state organs, but they can be presented as options of technical solutions for discussion in the CTA under the jurisdiction of which is the land, together with the studies that the local government has the right to design on the same territories.
Article 33
Shall be prohibited the extensive urbanization of areas with natural values, of agriculture lands and private property forestlands. The owners of agriculture lands outside the construction bordering lines of towns, villages and residential areas have the right to request the urbanization of their estates only based on determinations in the regional studies, master plans and suburban areas studies, approved by the competent organ.
Article 34
The landfill of all kinds of waste including those of technological and construction origin, dependant of the size of the landfill and of the processing technology shall be approved by the CTA under the jurisdiction of which is the area of landfill location. This determination must be done in the level of the regional study or of master plans. In any case, the documentation shall be reviewed and approved additionally by the regional environmental agency and the state sanitary inspectorate.
Article 35
The District Council, the Municipal Council and the Communal Council must update with legal documentation territories of public property under their jurisdiction. Only after these actions are completed based on urban planning studies, they have the right of review and proposal construction permits for these territories in compliance with the law according to their relevant competencies.
Article 36
Regional plans, master plans, general adjustment plans and partial urban planning studies design by organs designated by this law, shall be filed within 15 days from the date of their completion in the technical secretariat of CTA of the district or first category municipalities and for a 30 days time limit shall be available to the interested persons. The public media release the notice. The interested individuals concerning this documentation shall present their remarks to the urban planning section at the local level. Within the 30 days time limit, the design organ in co-operation with relevant office or section in the district, in the first category municipalities and Tirana Municipality includes the remarks and the final documentation is submitted to the closest meeting of the relevant CTA.
Article 37
Regional plans and master plans shall be prepared for periods of over 20 years, whilst general adjustment plans and partial urban planning studies shall be prepared for certain periods of 10 to 15 years including priorities of the 5 year first phase. They can be modified on proposal of local government organs justifying the modification and approving these modifications by organs competent for their approval.

During the time, that modification of any kind of urban planning study is prepared and until it’s final approval shall be effective the previous study.


Article 38
Submission of applicant in writing for approval of the construction site and its urban conditions, as well as of any urban planning study shall be compulsory to any natural or juridical person, local or foreign, which will construct a superficial or subterranean structure. The application for construction site shall be done based on Form No.1 that is attached to this law. The Urban planning Regulation provides the technical definitions of the documentation and its graphical form.
Article 39
Application for construction permit of any kind shall be submitted to the urban planning section of the District Council, to the urban planning office of the municipality or to the urban planning office of the commune, dependant of the location of site. Urban planning offices after review of documentation and when it id found in conformity with legal requirement forward to the urban planning section of the District Council or urban planning office in municipalities of the first category and to Tirana Municipality, to follow procedures of submission and review of the relevant CTA.

For any construction site, the application must be based on the approved urban planning study of the therein mentioned area, in the contrary documentation is turned back for study completion, if possible by the state organ or the interested individual, which may design the urban planning study in the licensed organs in conformity with the urban planning development strategy of the district of area. The relevant urban planning offices provide clarification to the interested individual. The interested individual may design studies on his own expenses honoring the requirements of the law.


Article 40
Destination of the main construction sites and their urban planning conditions shall be determined in the approved general adjustment plans or partial urban planning studies.

Only its proprietor shall do the application for approval of the functional destination and of the urban planning conditions of the site, private property.



For a construction site, public property several applications may be submitted, The District Council, the Municipal Council and the Communal Council review applications in the form of competing tenders choosing the one that meets best the financial, economical, social, urban planning, architectural, functional, environmental and other conditions, which have the same importance in the evaluation of tenders.
Article 41
Local government organs when interested for constructions in a certain area that is public property, on objects of public and social importance shall announce competitions. Review and selection of tenders shall be conducted in compliance with the law.
Article 42
District Council, municipal or communal Council, in compliance with requirements of this law, shall be obliged to make available to the National Entity of Households, the construction sites for construction of households for persons that don’t have a house [homeless] in territories public property according to its request for a 2 years time limit.
Article 43
For site public property, the district, municipality or commune urban planning offices publish the approved study and applications for construction sites in public property territories as per their location. Publication is made no less than 20 days prior to the date scheduled for their review in the District, Municipal or Communal Council. According to the competence the District, Municipal and Communal Council shall review applications, enclosed documentation, comments of urban planning office ad decides on majority vote granting the site to the best tender [offer]. Decision of these councils shall be announced and signed by the Chairperson of the District Council and the Mayor of municipality or commune. The decision of the CTA for granting of the construction site on public property and urban planning conditions, based on which the project for construction permit will be designed, after selection done by the District, Municipal and Communal Council, shall be conducted according to Form No. 2 attached to this law. Reply about the construction site application either for the site private property or the one public property shall be issued respectively from the urban planning section of the District Council, from the urban planning office of the municipality and commune where the application has been submitted.
Article 44
From the date of application submission for approval of the site with its final functional destination as well as the urban planning conditions to the decision announcement must not pass more than two months. In case that the application does not agree with the decision of CTA may file a complaint of application re-review to the District and Municipal Council. The re-review of the application and the CTA decision if final
Article 45
Any natural and juridical person, local or foreign that will construct in the territory of the Republic of Albania must provide a construction permit. This is the single legal document, based on which construction shall be permitted. The construction permit shall be granted to the licensed constructor juridical person. Either in the case where the land is private property or in the case where is public property, the constructor juridical person must submit the contract entered with the land proprietor or with the person to whom construction site has been granted by the CTA. The application for construction permit shall be done according to Forms 3 and 3/1 of this law. In the Urban planning Regulation shall be determined the technical requirements of documents and their graphical form
Article 46
From the date of approval of function destination and urban planning conditions of the construction site until the application submission for construction permit on sites public property with surface up to 0.1 hectares must not pass more than 3 months and on sites of surface over 0.1 hectares must not pass more than 6 months. In case of violation of these deadlines for public property sites, the urban planning office or section notifies the Council of Municipality, Commune or District according to the site location, which decides for extension of the deadline or another distribution of the site. In cases of private property territories the time limit of the CTA decision for approval of function destination of the construction site and its urban planning conditions, regardless of the surface is 6 months. In case of expiration of this deadline, the application shall be submitted again. When deadlines for the decision of construction site are not met, for either private property territory or public property one, the decision of CTA becomes invalid.

Article 47
Shall be prohibited the transferal in any form of the construction permit.
Article 48
The construction permit is requested for the following works:

- New constructions of any kind, on and underground, additions, various plants, roads, bridges, ports, airports, motor-ways, railways, infrastructure works, water supply, sewer, telecommunication, energy, gas, petroleum, steam supply systems, construction materials quarries;

- Construction on existing foundations;

- Modifications of objects affecting its façade with architectural elements as well as when executed interventions in construction and durability of the existing object;

- New opening and closure of windows [in the existing walls], new entrance in the first floors of the existing buildings, modifications in object volume increase in the form of lateral additions or construction of additional floor;

- Elaboration of façade decorations, plastering, painting, etc;

- Temporary and permanent fences;

- Fences and temporary establishments for the period of construction work implementation;

- Construction of kiosks, exhibitions, fairs, tribunes, advertisement boards, etc;

- Trees cutting;

- Building demolitions;
Article 49
The Directory of Urban planning in Tirana Municipality and urban planning sections in first category districts and towns shall review applications for construction permit on the following:

- Temporary fence for construction sites approved with a 6 months period;

- New entrance in the encircling wall, temporary and permanent yard encircling;

- New doors and entrances that do not influence the architecture and construction;

- Permit for change of destination of existing objects;

- Permit to place advertisement boards;

- Permit to demolish buildings.

These applications shall be reviewed by the relevant technical councils according to the procedure determined in Article 22 and shall be approved by the Mayor or the Chairperson of the District Council of first category. The permit of tree cutting is competence of the CTA.

The technical secretariat informs the CTA regarding the approved permits for these cases. When a member of the CTA has remarks on these permits, they shall be discussed in the CTA meeting and the CTA has the right of annulment of these permits.
Article 50
The CTA shall approve and reject the issuance of construction permit on majority vote. Decision for approval of construction permit is issued with the signature of the CTA Chairperson. This decision is accompanied with the relevant blueprint signed by the CTA Chairperson and the Secretary.

The CTA has not the right to approve the construction permit in case when:

- The submitted design has changed the construction site destination;

- The submitted design has changed the measurements of construction site.

From the date of application submission until the approval or rejection date of it, no more than 45 days must be passed.

In the technical secretariat of CTA shall be filed all the submitted technical documentation that includes documents according to the law and the complete technical design as well as basic construction calculations and the cost estimation. The documentation must be the original in the Albanian language


Article 51
Natural and juridical person, prior of receipt of construction permit must pay 1% of the investment value according to the object cost estimation sheet. This fund will be deposited for financing of urban planning studies of the local government.

Additionally, natural and juridical person prior of construction permit receipt must pay for the use of existing water supply, sewage, energy, telephony, roads, etc network as below follows:

- 5% of the investment value according to the cost estimation when the object is constructed inside the towns bordering lines;

- 2% of the investment values according to the cost estimation when the object is constructed outside the towns bordering lines.

Control of payments with the final cost estimation of the object to be constructed and the infrastructure project shall be done by the technical secretariat of CTA in co-operation with the finance section.

Payment shall be done immediately in the finance section of the district or town council of the first category (or Tirana Municipality) with authorization of CTA technical secretariat. This fund will be used for reconstruction of the infrastructure networks of local government units. The permit document shall be issued upon filing of the payment receipt in the object file.


Article 52
The validity period of the construction permit shall be determined in the decision of the CTA and CTARA. When the object to be constructed needs a longer duration than the one approved, an application is submitted together with the justification of the extension of permit time limit. In this case, natural and juridical person does not make additional payments.
Article 53
The construction permit shall be issued to its applicant according to Form No. 4 attached to this law. In cases when the site surface is over 0.5 hectares, the construction permit shall be filled in by the CTA technical secretariat, upon approval of the permit by CTARA.

For important objects that are constructed in the center of the towns, urban planning studies, which have been approved by CTARA, the construction permit is approved by the CTARA. The permit Form shall be filled in by the CTA technical secretariat of the relevant district or town. For objects that are procured with state funds, the construction permit is issued to the organ that approves the funding, prior to contracting the object construction.


Article 54
In the construction permit shall be determined the obligation of acceptance of the construction control by the urban planning directory in Tirana Municipality, by the urban planning section in the district and in towns of first category, by the urban planning office in municipality or commune, which must notify in writing the CTA technical secretariat for each control.

The control is conducted for the following:

- Picketing of the object;

- Completion of foundations;

- Completion the framework for the entire object;

- Completion of the construction site adjustment according to the design.

Any control act shall be filed in the object file. Shall constitute administrative contravenes and punish with a penalty all cases when is proved that the surface and volume of the object is enlarged breaching the conditions of the project approved in the construction permit. The organs of the Construction Police shall determine the amount of the penalty of this administrative contravene.

In cases when the CTA or the Construction Police decides the demolition of the volume that is constructed additional to the approved design, the contravener shall cover the demolition expenses.


Article 55
Sale of the site state or public property shall be done in compliance with the Law No. 7980, dated 27.7.1995 "On the sale of sites". In cases of constructions in public property, at the moment of construction permit receipt, the natural and juridical person shall pay 50% of the site value and when the first floor framework completes, the remaining amount shall be paid.
Article 56
In the establishment of the construction site, the natural and juridical person that implements the works shall be obliged to expose in the visible place a bill board with data on the type of object, name of the implementing company, director of works, chief of works implementation, name of the juridical or natural person that is designer of the project and the deadline of works completion.
Article 57
In the construction permit the border of the temporary fence, height and type of encircling in order not to impede the view for the road circulation and aesthetical view and in no case shall be permitted that the encircling occupies the sidewalk. Prior to construction work receipt, the applicant shall declare in writing that will keep roads, sidewalk and the environment around the object clean during the construction and on completion of the works will recover it to the previous state, in particular the damaged roads and sidewalks as well as the subterranean wiring. When actions executed in contrary to the construction permit conditions, which cause damage to environment, the CTA has the right to suspend the works and to require fulfillment of all the obligations according to the declaration, as well as payment of expenses in an equal amount of the works to be executed until the recovery of the surrounding environment in the previous state.

In cases when the permit possessor suspends works, the construction permit time limit expires and when due to interruption of works, the phase of object construction causes disturbances for functions and surrounding environment state, the possessor of the permit shall be fined. In cases when works do not continue again, the District Council, Municipal or Communal Council shall recommend to the CTA, beside the lift of construction permit, other solutions to recover the normal functions and state of that area.


Article 58
Permit for construction of temporary objects shall be granted only in cases of natural misfortunes or in similar case with those. Temporary constructions shall be constructed with dismountable materials without using concrete structures, concrete blocks, wall, and concrete panels. Permit for construction of these temporary objects shall be granted for a period of one year.
Article 59
Objects that constitute potential risk of bruise to life and health of people an to third parties property , that are not repaired by the owner within the maximal limit of their physical durability, determined on basis of technical reports of experts, shall be demolished by the owner in the time limit determined by the CTA. After expiration of this time limit, they shall be demolished by the organs of Construction Police based on the request of the CTA. The object proprietor shall pay expenses of demolitions. The order signed by the CTA Chairperson for payment of these expenses is an executive title.
Article 60
Urban planning Directory of Tirana Municipality, urban planning offices of its units, urban planning offices of other municipalities, urban planning sections of district councils and urban planning offices of communes shall control the destination of use of constructions in conformity with the one approved.

Any modification of the constructions destinations in general, transferal of private buildings from ownership of a proprietor to another proprietor, and when this transferal is done through destination change, shall be done upon permit receipt by the abovementioned offices.


Article 61
In the regional studies, master plans, general adjustment plans and partial urban planning -studies, in co-operation with the National Environmental Agency and the General Directory of Forests and Pastures shall be made the classification of green territories to be protected, preserved and increased. This classification, upon approval, shall impede any type of modification, damage or reduction of green spaces through granting of construction sites, modification of their destination, which cause damage in the protection and increasing of these areas.
Article 62
CTAs of districts, of first category towns, of Tirana Municipality and the CTARA have no right to approve any permanent or temporary construction, outside the territory determined in the approved studies, in public property territories such as:

- Territories of social and cultural objects;

- Green territories;

- Sports territories;

- Sites and spaces between existing blocks of buildings;

- Roads, public squares, and parking, determined and interpreted in the Urban planning Regulation.

Constructions that may be done are only those determined in the urban planning study in full conformity with the approved function.

In cases of properties returned from commission of return and compensation of properties to former proprietors, when these properties are located in such territories, the CTAs of all levels do not have the right to modify the determined destination in the approved study. In these cases, proprietors of lands have the right of compensation according to laws in power.


Article 63
Application to cut or uproot trees shall be done according to Form No. 6 attached to this law. The CTA, under jurisdiction of which is located the area where trees will be cut or uprooted, shall review the application. In case when the CTA decides to approve this application, it issues the construction permit, which is issued only after receipt of payment for any cutting or other damage. The payment is done in the enterprise subordinate of municipality, commune or district that manages green territories. Juridical and natural person, prior of issuance of tree cutting permit, shall be obliged to plant trees triple the trees to be cut, in an area determined by the greening or forest enterprise.

Permit of tree cutting is valid only for a period of 3 months.




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