Is the administration and treatment of illegal constructions in socially owned property by the Privatization Agency of Kosovo, reasonable, fair and acceptable, by current users of those properties?
Session
Architecture and Spatial Planning
Description
Illegal constructions are defined as settlements that do not allow its residents to enjoy their rights to a standard of living, particularly housing. Privatization Agency of Kosovo (PAK), being the administrator of the socially owned property is also responsible for the treatment of the illegal constructions, as well as illegal uses of the socially owned land and entire social property. In compliance with legal qualification such constructions cases are mainly qualified as bona fide construction when the builder didn’t know that he/she built a construction on somebody else’s land) and/or Mala fide Construction (bad faith- builder knew that he/she built on somebody else’s land). However, regardless of their legal classification and consequences in both cases, mutual agreements of the party are considered as primary solutions, be it an administrative or court proceeded. Since the year 2002, legislation is changed in Kosovo and according to the applicable law in Kosovo, the administrator of the social property in Kosovo since June 2002 is the Privatization Agency of Kosovo (PAK). In this cases, Identification of the assets/buildings build or constructed without an official permission of a respective Social Enterprise (SOE) or privatization Agency of Kosovo (PAK), by PAK are considered as illegal constructions over the property administered by PAK, and are treated as such. Is the administration and the treatment of illegal constructions in socially owned property, by the Privatization Agency of Kosovo reasonable, fair and acceptable by users of those properties? Does this process need to be changed? These are the questions that will be treated in this paperwork.
Keywords:
Illegal use of land, illegal constructions, socially owned property, treatment of the illegal use of the social property.
Session Chair
Kujtim Elezi
Session Co-Chair
Bekim Ceko
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-437-96-7
Location
Lipjan, Kosovo
Start Date
31-10-2020 10:45 AM
End Date
31-10-2020 12:15 PM
DOI
10.33107/ubt-ic.2020.3
Recommended Citation
Goxha, Venera, "Is the administration and treatment of illegal constructions in socially owned property by the Privatization Agency of Kosovo, reasonable, fair and acceptable, by current users of those properties?" (2020). UBT International Conference. 335.
https://knowledgecenter.ubt-uni.net/conference/2020/all_events/335
Is the administration and treatment of illegal constructions in socially owned property by the Privatization Agency of Kosovo, reasonable, fair and acceptable, by current users of those properties?
Lipjan, Kosovo
Illegal constructions are defined as settlements that do not allow its residents to enjoy their rights to a standard of living, particularly housing. Privatization Agency of Kosovo (PAK), being the administrator of the socially owned property is also responsible for the treatment of the illegal constructions, as well as illegal uses of the socially owned land and entire social property. In compliance with legal qualification such constructions cases are mainly qualified as bona fide construction when the builder didn’t know that he/she built a construction on somebody else’s land) and/or Mala fide Construction (bad faith- builder knew that he/she built on somebody else’s land). However, regardless of their legal classification and consequences in both cases, mutual agreements of the party are considered as primary solutions, be it an administrative or court proceeded. Since the year 2002, legislation is changed in Kosovo and according to the applicable law in Kosovo, the administrator of the social property in Kosovo since June 2002 is the Privatization Agency of Kosovo (PAK). In this cases, Identification of the assets/buildings build or constructed without an official permission of a respective Social Enterprise (SOE) or privatization Agency of Kosovo (PAK), by PAK are considered as illegal constructions over the property administered by PAK, and are treated as such. Is the administration and the treatment of illegal constructions in socially owned property, by the Privatization Agency of Kosovo reasonable, fair and acceptable by users of those properties? Does this process need to be changed? These are the questions that will be treated in this paperwork.