Without respecting basic legal requirements, the Municipality of Prishtina has submitted a project for interventions in areas within the perimeter of monuments, such as the National Library of Kosovo, the Rectorate of the University of Prishtina and the former Radio Prishtina. The Municipality has not requested planning conditions from the Regional Center for Cultural Heritage of Prishtina. It has simply submitted the project. Even without property ownership papers. And for this reason, the Commission of the Kosovo Institute for the Protection of Monuments has not reviewed the project.
The Municipality of Prishtina has attempted, without even fulfilling the administrative requirements to submit a project for intervention in protected areas of cultural heritage, to obtain consent to carry out works in the vicinity and on the properties of monuments. Assisted by the Regional Center for Cultural Heritage in Prishtina, the Municipality has submitted an incomplete file for intervention in areas within the perimeter of the monuments, such as the National Library of Kosovo, the Rectorate of the University of Prishtina and the former Radio Prishtina. The Commission of the Kosovo Institute for the Protection of Monuments has recommended that the Municipality be asked to complete the file. The local institution will receive such a response in the coming days.
On August 24 of this year, the Municipality of Pristina was banned from carrying out works in front of the National Library of Kosovo, after it had made interventions that contradicted the Law on Cultural Heritage. The area enjoys double protection: it is within the perimeter of the Library as a monument and a protected area of the Historic Center of Pristina. The law stipulates that for interventions in such spaces, the project must be approved by cultural heritage institutions. The Municipality has since started to respect the Law, but not in full.
The Standard Operating Procedure for applying for project approval in cases like this requires that the Regional Center for Cultural Heritage request the conditions under which a project can be designed in protected areas. Then, a conceptual project is drafted, based on certain norms, and the same, together with the property title deed and a copy of the plan, is submitted to the RTMC. Then, the RTMC submits it to the Commission that evaluates projects at the Kosovo Institute for the Protection of Monuments.
The municipality did not request planning conditions from the Pristina Regional Development and Planning Commission. It simply submitted the project. Even without property ownership papers.
The QRTK, in this case of the Pristina region, makes the administrative assessment of whether a file is complete to be sent to the IKMM. In the case of the Municipality, the QRTK “turned a blind eye” and the incomplete file was later submitted to the IKMM. But the IKMM Commission, which met on Tuesday, did not review the project.
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"It has been recommended that the party, in this case the Municipality, be asked for the conditions for planning in the protected area and around the perimeter of the monuments, then submit the project and attach the property ownership sheet or sheets," sources within the Commission have announced.
Officials of cultural heritage institutions are divided regarding the submission of possession lists. Some of them consider that, in cases where the project is not submitted by the owners of the spaces, but by another party, such as the Municipality in this case, an agreement with the owners is also required.
"Where is the logic for someone to design for a foreign property, as in this case of the Rectorate, the Library and the former Radio Prishtina, then, together with the project, submit a possession list and have a project approved without showing that there is an official agreement with the owner or owners? Why does the legislation require that a possession list be submitted? Except to show that the owner or owners agree with the project that is expected to be implemented," said an official of the cultural heritage institutions.
KOHA, a week ago, requested clarification from the Regional Center for Cultural Heritage in Pristina as to why the Municipality's application for a permit is accepted without submitting an agreement with the owners, considering that with a possession certificate the Municipality is not the owner of the entire space, and also why in this case the case is accepted even without a possession certificate. But the Regional Center for Cultural Heritage has not responded. And the Municipality, in this case, has never responded.
The head of the foundation for cultural heritage without borders, "CHwB Kosova", Sali Shoshi, said that he has no information about this specific case. But, according to him, in principle, consultations with the owners are basic.
"Owners must be informed about what happens to their property. In principle, every owner must be informed about their property. The MCYS itself, when it will access a property that is a cultural heritage asset, must notify the owner, according to the Law, seven days in advance," he said. According to him, it makes no sense for a case to be accepted without a possession certificate.
"The logic should be that the investor has an agreement with the owner. The procedure should be in two stages: one where the documents are verified to see if they are in order and the other to deal with the content of the project," he said.
In August of this year, the Municipality used the project for the “George Bush” Square as an alibi to start removing the cubes in front of the Library building. At first, it was a joint project. But now it turns out that when the cultural heritage institutions approved that project, the part in front of the Library was not included in the file.
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The Regional Center for Cultural Heritage, responsible for the cultural heritage of the capital region, after an inspection, has determined that works are also being carried out in the perimeter and protective zone of this Library asset. It has notified the Inspectorate of Cultural Heritage and the works have been stopped by the Municipality.
The Law on Cultural Heritage, together with the by-laws, stipulates that, in cases where there is interference in protected areas of cultural heritage, the party – in this case the Municipality – must be addressed with a letter requesting approval of the project and the complete project must be submitted. After the approval of the IKMM, which in this case has the right of veto by law, the Municipality can start securing the site for the implementation of the project.
The Law on Cultural Heritage stipulates that, in situations where works are carried out near monuments, written permission is required.
“Any intervention that affects the integrity or values of cultural heritage requires written permission from the competent institution,” states Article 4 of the Law on Cultural Heritage. It also states that the competent institution orders the immediate cessation, for an indefinite period of time, of any unauthorized work on cultural heritage.
“The application for a permit for the construction of buildings or other creations within the protected area of an architectural monument, or within an architectural conservation area, or affecting the environment of an assembly, is submitted for consideration to the competent institution. The competent institution has a veto on the granting of such a permit. If the competent institution does not respond within 15 days regarding the application for the construction of buildings or other developments, the permit may be determined by the relevant planning and construction authority,” states Article 9.
The current management of the Municipality has at least five such actions, not counting several interventions in a row for the project for the "George Bush" square. The permit for this square was obtained in June of this year. But, without including in the application file the part in front of the National Library of Kosovo, although as a tender over 18 million euros it has included this part.
In March last year, the Municipality, disregarding the Law on Cultural Heritage, intended to carry out works between five monuments and the protected area of the Historic Center of Pristina. The Municipality had not obtained permission for intervention from the Kosovo Institute for the Protection of Monuments, as the only institution with a mandate to approve or reject projects that affect architectural heritage. The works were stopped by the Inspectorate of Cultural Heritage. After applying for a permit, it was not granted, mainly due to the premises that were foreseen.
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The Kosovo Institute for the Protection of Monuments has been providing recommendations since last year, when the Municipality applied after the works were suspended. The IKMM had requested additional clarifications, such as analyses of the urban and historical context.
After the Municipality re-compiled the file and also gave up on the premises near the monuments, the permit was approved.
