Concerning the land

CHAPTER V

- Shall be prohibited extraction of earth materials within the border of the tourism area such as earth, gravel, sand, stones, wood, etc.

- Shall be prohibited extraction materials from riverbeds, in coastal and lakeshore areas;

- Shall be prohibited works of drying, reclamation, creation of dumps and other reclamation works, except of cases approved by the CTARA, the National Water Council and the National Environmental Agency in reliance of provision of environment impact.

These conditions are valid even to coastal protection works executed by the Ministry of Defense.
Article 68
Towns, villages and other residential areas within the border of tourism, coastal, lacustrine and continental areas shall be developed based on their adjustment plans.

Cohabitation with natural ecological systems shall be resolved based on regional studies and master plans.

CTARA shall approve permits for constructions in tourism coastal, lacustrine and continental areas. Procedure of completion and submission of the documentation is done in the section of urban planning of the relevant district upon prior receipt of decision of Committee of Tourism and the National Environmental Agency.

Impose of the penalty, demolition of the object and return of the site in the previous state shall be applied based on the order issued by the Chairperson of Construction Police of the district. The Construction Police shall execute the order with assistance of specialized organs and subjects.

- When completed constructions impede implementation of approved studies of any level that are effective, the CTA decides their demolition according to implantation phases of the studies;

- When those constitute risk to environment or occupy public territories, they shall immediately demolish.

For construction completed without permit by owner in their land, when urban planning conditions are met, the CTA shall decide their legalization with the condition of compulsory payment of a fine equal to 10% of the completed investment value, whilst for residential houses 4% of this amount. Evaluation experts of immovable properties shall determine this investment value on request of urban planning section or office. The urban planning office or section shall approve compensation of experts’ payable by the contravener.

The CTA grants the construction permit when construction meets requirements of this law, in the contrary shall decide to demolish the illegal construction. These decisions are final and the demolition of the construction shall be executed within five days from the issuance of the order of Mayor of municipality or district for demolition of the illegal construction in application of CTA decision.

- For [violation of] Articles 34, 56, 57, and 58 with 50 000 ALL;

- For Articles 60, 61, and 63 with 200 000 ALL;

- For Articles 66, 67, 73, 75, 77, and 78 with 500 000 ALL.

The Chairperson of the Construction Police Branch shall impose the penalties.
Article 82
Against the decisions of the Chairperson of the Construction Police Branch, an appeal may be filed within five days from the date of notice to the Director of the Construction Police, which must reply within ten days. Against the decision of the latter, an appeal may be filed to the district court where contravene has been committed, within five days from the date of notice.
Article 83
Appeal to the court of against decisions of the CTAs, organs of Construction Police and those of penalties impose does not suspend their execution. In case of, based on the final decision of the court, acceptance of accusation or appeal, the damaged person has the right to request from the organ that issued the decision, compensation for the caused damage.
Article 84
The contravener shall pay penalties, compensations and demolition expenses, determined in this law within 5 days from the day of notice of the Construction Police decision or from the day when the court decision is final. After expiration of this time limit, shall be paid a penalty fee for lateness for 2% daily for a month. After expiration of this limit (one month), organs of Construction Police shall require its execution to the court according to laws in force. Penalties, compensations and expenses shall be payable to the finance office of the local government organ.
Article 85
The attached forms no.1, 2, 3, 3/1, 4, 5, 6, 7, 8 and 9 are integral part of this law.
Article 86
Law 7693, dated 6.4.1993 "On Urban Planning" and any other provision that is contrary to the provisions of this law are repealed.
Article 87
This law is effective 15 days after publication in the Official Journal.
Promulgated with the Decree No. 2222, dated 28.9.1998 of the President of the Republic of Albania, Rexhep Meidani

LAW

No. 8453, dated 4 Februray 1999
ON AMMENDMENTS TO THE LAW No. 8405 DATED 17.09.1998 "ON URBAN PLANNING” BASED ON DECISION No.2 DATED 25.01.1999 OF THE CONSTITUTIONAL COURT
Based on Decision No.2, dated 25.01.1999 of the Constitutional Court, whereby the Constitutional Court abrogated as anti constitutional the last paragraph of Article 14; and the first and third paragraphs of Article 23 of Law No. 8405, dated 17.09.1998 "On urban planning", pursuant to articles 78 and 83 point 1 of the Constitution, upon proposal from a group of deputies,
THE ASSEMBLY OF THE REPUBLIC OF ALBANIA
HAS DECIDED:

To make the following amendments to Law No. 8405 dated 7.09.1998 "On urban planning":

"Specializing structures in urban planning at/with the Local Government level are:”

The following formulation be added as the last paragraph of Article 14:

"Committees of Territory Regulation (CTR) are constituted in the manner provided by this Law. Every political subject submits the names of its representatives to the Mayor. The first meeting of the CTR is called within 10 days from the date on which more than 2/3 of the representatives of political subjects are submitted as foreseen by this Law. Members of the CTR are entitled to remuneration for their work. The amount of remuneration is subject to regulation by specific by-law.

"Nomination and discharge of chief-of-parties at the urban planning sections of the Regional Councils, the municipal councils of first category towns; and of the Director of the Urban Planning Directorate at the Municipality of Tirana is effected in accordance with Law No. 7572, dated 10. 06. 1992 "On organization and operation of Local Governments".

To make the following additions and changes to Law No. 8405, dated 17. 09. 1998 “On urban planning”

"In case of extraordinary circumstances, the approval of construction studies on first, second, third and forth category arable land and in protected natural zones is the competence of the Committee of Territorial Regulation of the Republic of Albania”.

“Prior to obtaining the construction license, the respective physical or legal entity is obligated to make a payment of 1 per cent of the total amount of the bill of quantities. This payment shall be deposited in a fund to be used by the local government for city planning studies.

Also, the physical or legal entity is obligated to pay prior to receiving the construction license 1 per cent of the total amount of the bill of quantities for the exploitation of the existing engineering network of the water supply system, pipes, electricity grid, telephone lines, road network, etc. The amount is part of a fund to be used by local governments for the rehabilitation of such infrastructure networks.

Payment is effected immediately at the finance section at the Council of the Region, or the finance section at the first category municipality, upon submission of written authorisation by the technical secretariat of the Committee of Territorial Regulation of the Republic of Albania. Construction license is issued only after proof of payment is included in the construction file.”

"As regards illegal constructions completed as of the entrance into force of this law, the following procedure will be adopted:”

The following paragraph is added at the end of this article:

"Legalization of these constructions, in addition to above requirements should also comply with the legal obligations contained in article 51”.