FLASH
Shkruar nga Pamfleti
The Administrative Court of Tirana overturned the decision of the Municipal Council for the demolition of building 183/1 on "Myslym Keta" street.
The building was declared a DS4 level of damage by the Building Institute, but residents managed to get an independent survey done which found the level of damage to be DS1.
With the representation of lawyers from the "Res Publica" Center, they managed to find a series of violations in the procedures that ordered the demolition, upon which the Administrative Court decided to suspend the demolition.
According to the lawyers of the "Res Publica" Center, three violations were observed for the entire process of the demolition of the palace:
The decision-making to demolish the building is "ill-informed" at best and in bad faith in any other case, as it was carried out without a preliminary assessment of the damaged building by the Construction Institute, while there is no evidence that shows damage to the palace.
Decisions were made based on false facts. Contrary to what is claimed in them, the building is not damaged at the DS4 level but DS1 (i.e. low level of damage) and the ratio between the cost of reconstruction and the cost of reinforcement is below the 70% limit, the legal criterion for the decision to demolish an object.
The defendant party did not consult with the residents about the decision-making, even the decision of the Municipal Council was not notified to the residents by the Municipality of Tirana and the Municipal Council. Such a decision-making by the Municipality of Tirana, where consultation with the residents should have been done before, during and after the decision to destroy the property, is in violation of the law on the right to property.
What happened to the other buildings on 'Myslym Keta' street?
On December 19, 2022, one staircase of building number four on "Myslym Keta" street was collapsed in the early hours of the morning by the Territory Protection Inspectorate, followed by the collapse of eight other buildings. The Administrative Court decided to overturn the provision of the lawsuit for suspension of the process, since according to them the act had already expired.
On November 27, 2019, building number 4 underwent the first expertise by the Construction Institute due to the damage suffered by the earthquake.
In the report-expertise, the Institute of Construction stated that the building has structural problems and is uninhabitable.
A few days later, on December 6, 2019, the Institute of Construction contradicted itself by coming out with another expert report where it emphasized that there are no problems in the structure and requested that measures be taken to repair the damage for the 2,3,4,5 degree, 6,7,8,9 of building number 4 on "Muslim Keta" street, while on the first floor of the same building it was stated that there are no problems in the structure, but the apartments on the second and third floors have massive cracks in the wall defender and asked for urgent measures to be taken to repair the damage in these apartments.
On December 22, 2019, the head of the Construction Institute, Agron Hysenlliu, found that the first entrance of building four has a DS3 degree of damage and that measures should be taken to repair the damage. The technical opposition of the in-depth act-expertise decides that building number 4 should be demolished and a new one built. /Citizenc Channel
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