Buildings without permission, without ownership and without criteria in "Bjeshket e Nemuna"

The state of Kosovo is not succeeding in protecting the sensational natural wealth in the "Bjeshket e Nemuna" national park. Although this park has been protected by law for over 8 years, it has not been implemented. Old trees are being cut down, roads are being opened, wild habitat is being destroyed, to make way for luxury villas to be built by people who don't own the land at all.

The ascent that leads through Bjeshka e Lumbardhi to its summit is not densely wooded, as it was once remembered. Those places have been cut to make room for illegal constructions in Bjeshke and Nemuna. The builders have taken care that those plots, however, remain surrounded by greenery, in the vicinity of the caves, whose water has historically split the rocks to create springs that give life to that place. Roads have also been built for easier access through the beauty of the state's land, which is part of the national park "Bješkët e Nemuna", protected by law since 2012. There, the shadow of tall oaks no longer overshadows the habitat of wild, which every day is fleeing higher and higher in the mountains, to make room for man. Concrete has not been spared for the laying of foundations, and bricks for building the walls of luxury houses and villas in Bješkë e Lumbardhi. Although without a construction permit and without a "cap", it has been filled with more than 20 buildings, some of which are still on the ground and others are two or three stories high. The constructions have captured many parts of Bjeshke i Nemuna to its depth, in public property, without permission and without requests for them from any instance of the state.

The National Park is home to many mountains named after the villages whose inhabitants have taken their cattle to graze in the summer months. Bjeshka e Lumbardhi, Bjeshka e Beleg, Bjeshka e Strellci, Bjeshka e Milishevci, Bjeshka e Isniqi and many others are state lands within the "Bjeshke te Nemuna", where the inhabitants of those villages once erected wooden stands and covered them with stones. with nylons to protect against the summer rain during three or four months. The cattle grazed, the owners produced milk, cheese, yogurt and other dairy products. Then they have returned to their homes, to their land, to the villages they belong to. But since the post-war of the last few years, the status of these residents has changed. They have returned to the horse again, but this time not to rub his back. They have eroded the land, cut down the trees, widened the road and ruthlessly met the conditions to build without any obstacles. The law on the national park "Bjeshket e Nemuna" has not created any guarantee that these mountains will be owned.

Stopping constructions and strictly preserving nature, according to state institutions, depends on a spatial plan, which has been being drafted for over 4 years and its finalization is dragging on. Environmentalists have raised doubts that the delay is happening on purpose, to turn a blind eye to the constructions and then find ways to legalize them.

The parallel between owners and occupiers

On the other hand, the territory of the national park "Bjeshket e Nemuna" also includes 13 villages, whose inhabitants, despite being land owners, their constructions are being categorized as illegal, similar to what is happening on state property. .

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"In the villages that are inside the national park, the construction and reconstruction of houses, guesthouses, hotel and recreational facilities is allowed only after the Spatial Plan of the National Park is passed. Meanwhile, the deep areas of the mountains are public property that have been used by the residents of different areas, and the use of these lands for livestock is allowed only after this plan is passed. It is not yet known whether there will be demolition or legalization, but these constructions will be subject to legal procedures as constructions without permission, which we are currently doing", said Fatmir Morina, who holds the position of director in the Administration Office. of the National Park.

Despite the fact that all the constructions in the protected area of ​​the park are without permission, none of them have been demolished so far. The criminal charges that the Park Administration Office has filed with the Basic Prosecutor's Office of Peja against the builders are all that have been done, in an effort to stop the degradation of nature from unauthorized constructions in private and public properties.

Ilir Morina, from the Environmental Protection Agency, emphasizes that all this chaos could be fixed if the spatial plan manages to go and be approved by the Assembly. According to him, very soon the draft of this plan will go to the Parliament for a vote.

"The minister (Blerim Kuçi) is reviewing and improving this plan with the mayors of the municipalities that gravitate to this park and the Institute of Spatial Planning, and has promised to push this plan to the Government and Parliament," said Morina.

Bulldozers make way

At the top of Bjeshka e Lumbardhi, the sun is closer. The fog that had fallen on it made it difficult to see in the distance, but it was made up for by the bright colors of the facades of the villas that differed from each other in terms of style. Some smaller and some giant. Some covered with wood, some with stone and facade, and some still in brick and concrete. Meanwhile, the opening of roads continued with bulldozers and trucks.

Besfort Kosova, from the organization for the protection of the environment "Green Balkan Foundation", emphasizes that in the case of building permits, especially in these protected areas, a multitude of criteria must be met both by the residents and by external investors, in so that the constructions are not done outside the traditional style of that park.

"Investors as well as residents who build in certain areas must, from the beginning, make sure that their area coincides with the development plan, meets the conditions for construction that are in order with the environment and that do not have any negative impact on the environment, then they must also take into account the architectural side and the construction side of the architecture, to be in accordance with the standards that coincide with that area", he said.

Due to the protection of natural values, forest ecosystems and habitats of rare species, with the Law on the national park "Bješkët e Nemuna" several regimes of protection zones have been established. And, the granting of construction permits must be done in accordance with these regimes in order not to degrade the biodiversity in flora and fauna.

Against legal change

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According to Luan Nushi, director of the Spatial Planning Institute, for most of the park's territory, the Spatial Plan foresees specific construction conditions. The authority responsible for issuing permits will be the Ministry, except for constructions on private properties (residences), for which the maximum responsibility will belong to the respective municipalities. Nushi said that all constructions, including the existing ones, must be adapted to the conditions of the Spatial Plan.

"The Spatial Plan for KP 'BN' will help to regulate the spatial situation in the park, including constructions. As for the buildings without a permit, they will be subject to the Law on the treatment of construction without a permit, but in the case of KP 'BN', the approval of the Spatial Plan will greatly facilitate their treatment, reducing the reasons for demolition to a minimum" , he declared.

However, it is precisely the possibility of not demolishing all the buildings that were built without permission that has revolted the activists for the protection of the environment. Ardian Nrecaj from the Water and Environment Protection Group, points out that certain groups are trying to make changes in the drafting of Spatial Plan legislation, so that people or businesses that have built on public property inside the park are not affected by the possibility of the destruction of their facilities.

"According to some information we have, a change in the legislation is being made to create compatibility and harmonize the requirements of some municipalities, some local residents, and some investors. But, we are against any legal change, which affects the protected area in the national park, because this contradicts the very principle of declaring that area a national park. These changes and additions to the legislation are being made to favor certain persons and certain businesses in that area", said Nrecaj.

Private property or public property

Meanwhile, the activist Fatos Lajçi, from the organization "Responsibly acting towards the environment", says that it is important that the state does not treat the residents of the villages inside the park who have built on private property and who have set up stables on public property up in the mountains in the same way. , with the residents of other areas who have built constructions on state property, in the territory of the area protected by law.

"This matter must be resolved legally, what is the status of these residents there. Are they occupiers of public property or are they taxpayers like private property owners? I think this issue should be resolved legally. The state must intervene against parties or citizens, who build even without ownership, but also in areas that are strictly foreseen. These problems must be identified", he asserted.

The law on dealing with constructions without permission will treat as illegal all constructions that were built or started to be built before the entry into force of this law in September 2018. Thus, Servet Spahiu, director of the Department for Spatial Planning, Construction and Housing, said that these unauthorized constructions will be put on the "Waiting List" and will then be treated according to special programs and criteria, which have not yet been drawn up. from the Ministry.

"Inclusion in the waiting list of a building does not prejudge the final decision to deal with that building. So, at this stage, we cannot prejudge what the criteria will be for dealing with the constructions without permission found in the national parks", said Spahiu.

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One of the basic problems in this park, according to environmental activists, is the illegal construction of hotels, which have not been demolished, but the owners have only been fined with very small fines, which are in great contradiction with the irreparable damage that have brought the constructions. Such a thing, according to him, constitutes a dangerous precedent for other builders, who may do the same.

For a short time, in order to stop the construction, it was forbidden to carry construction material along the park, but in the absence of their inspection, the works are still continuing.