INPO requests the annulement of the illegitimate decision of the Municipal Assembly of Ferizaj to allow the payment through installaments for contructions permits
05/06/2018INPO reacts to the illegitimate decision of the Municipal Assembly of Ferizaj to allow the payment of installaments for the category II contruction permit, which is required to be annulled and the law be enforced.
The Municipal assembly in the fourth (IV) regular meeting, as the mayor’s proposing, it has taken the decision to allow the payment of the contruction’s permit of the II category (which include high constructions) in four installaments. According to this decision (i) the first installament is paid in the amount of 40% of the total value prior to issuing the decision on the construction’s permit (ii) the second installament, 20% of the total value is paid four (4) months after the date of the decision is taken (iii) the third installament 20% of the total value ( the remainder ) is paid eight (8) months after the date of the decision; and (iv) the fourth installament of the total value is paid twelve (12) months after the date of the construction permit decision.
INPO estimates that this decision is in violation with the law No. 04 / L – 110 on Construction and the Administrative Instruction of MMPH 06/2017 for determining the procedurës for preparing and reviewing the requirements for construction, construction permits and destructions permits for category I – II and III of the constructions, which oblige the municipality to issue construction permits for category II only after the construction conditions have been met and proof of payment for the construction permit tax has been provided. Furthermore, Article 3 of this Administrative Instruction prohibits the municipality in a tax-exemplary manner to request procedures or additional documents for construction permits, which are not specifically foreseen or permitted by this Administrative Instruction.
This decision beside the fact that it is illegitimate it also violates the fundamental constitutional principle, that of equality before the law, since the decision discriminates citizens of Ferizaj, who apply for construction permit of the 1st category.
On the other hand, this non-legal practice has been implemented by the former governance of the city of Ferizaj. The national audit office, in its audit report of the Municipality of Ferizaj annual financial statements for the year 2017, found that in at least five (5) cases the municipality has issued category II construction permits without having been finished all the payment. Consequently, the municipality did not manage to collect about 171,164 Euro only from these five (5) construction permits.
INPO urgently asks that this decision should be annulled by the municipal assembly and from the ministry of line. INPO requires the examination of construction permits should be done only according to the law and the principle of transparency in administrative procedures.
The systematic unlawful practice of the authorities in Ferizaj regarding to the managment and administration of public money should be a investigation subject by the State Prosecutor to whom INPO calls for it to take all necessary legal action to ensure the rule of law and to assure to the citizens of Ferizaj that the municipal budget has not been damaged.
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