“Functional analysis of municipal and MESP capacities for the implementation of the Law on Treatment of Constructions Without Permit” the project is supported by USAID – PFD

SHPRK RECOMMENDATIONS

Capacities for implementing the new law for treatment of constructions without permit

Recommendations for MESP capacities for implementing the new law for treatment of constructions without permit

  1. Ideally, MESP should establish one division that is solely responsible for the legalization process and dedicate staff just to this effort. Secondarily, MESP should re-establish the Legalization Working Group and modify the previous structure for this group according to the needs of the new law. Given the experience with the group in the past, it will be necessary going forward to create a structure that demands more accountability of working group members to carry out tasks assigned to them. Everyone in the working group, as well as their supervisors, must understand the importance of their role in the success of the legalization process and priority must be given to it. As before, the working group should include lawyers, architects, geodesic surveyors, construction engineers, communications, and IT specialists. The head of the working group should have authorization to engage other staff for finalizing the cases of unpermitted the Category III constructions. Members of the working group will also support interdepartmental and interinstitutional coordination and cooperation with other Ministries, Municipalities and Agencies.
  2. MESP should prepare the awareness campaign for the new Law (for further details check the Recommendations on awareness and communication with public for MESP)..
  3. MESP should be ready for “ONE STOP SHOP” offices and involve the Kosovo Cadastral Agency in an integral way.
  4. MESP should also begin working with the Ministry of Justice, which is currently implementing the National Strategy on Property Rights (NSPR), to develop a plan for implementing those portions of the NSPR dealing with legalization. This will help to handle and reduce constructions on the Pending list. For example, the Legalization One Stop Shop could include notaries to help applicants resolve undisputed inheritance cases so the unpermitted construction can qualify to enter the legalization process. Streamlined procedures for dealing with informal property transactions could also be integrated in the legalization process to allow people to prove their property rights and thereby enter the legalization process. Because the NSPR is being implemented at the same time as legalization, there is a unique and special opportunity to combine these efforts to more quickly and effectively resolve property rights issues and legalize constructions, thereby protecting property rights and creating an accurate and reliable Cadaster and property rights register.
  5. MESP should begin discussing difficult policy issues with other ministries and agencies in preparation for developing plans to treat unpermitted constructions in consolidated agricultural land, infrastructure corridors, national parks, etc. It would be helpful for the affected ministries and agencies to develop action plans for how they will being to address these difficult topics.
  6. MESP legal department must prepare to arrange itself to actually handle legalization appeals. Handling legalization appeals in a timely and competent manner is crucial to the integrity of the legalization process and its importance should not be overlooked.
  7. MESP must also be prepared to update the software for the legalization database and applications processing.

 

 

Recommendations for Municipality of Prishtina/Priština and Gracanica/Gracanica capacities for implementing the new law for treatment of constructions without permit

  1. The Municipality of Prishtina/Pristina and Gracanica/Gracanica need to analyze their organizational capacity and prioritize the legalization process so as to determine to what extent the existing staff can best be utilized in this process. Due to the large number of expected applications for legalization, additional capacities should be considered. It will be very important that any additional staff that is hired be qualified for the position so that every team member functions at a high level of competency and productivity.
  2. The Municipalities should simplify and speedup the procedures for handling legalization applications. Simply put, applications must be handled more quickly and efficiently. The new law substantially simplifies procedures and municipality needs to ensure that their internal processes are also simplified. If they are not, it is doubtful that all of the legalization applications can be handled within our lifetimes.
  3. The Municipality of Prishtina/Pristina and Gracanica/Gracanica should be ready for “ONE STOP SHOP” offices and working closely with the municipal cadastral office, as a key part of process simplification.
  4. The municipalities must also be ready to handle legalization appeals of the first instance, before submitting them further to MESP.