Criteria for obtaining permits for building use
Permits for a building's use are given when it complies with the requirements of the Law no. 8402 from September 10, 1998 ("On checking and disciplining the construction works") and Law No. 9200 from February 26, 2004 ("Amendment to Law No. 8402".
Following are some of the requests of the Law:
states that upon the completion of a construction work, within 30 days the developer must submit two copies of a report regarding the fulfillment of requirements from Article 9 to the urban planning office. All relevant documentation should be attached to the report as well as:
- certificate of the material evidence used, issued by the laboratories as defined in article 14 of this law
- certificate for the previous constructions
- conclusions on the weight tests, with the written records retained for this purpose
- documents attesting that the facility has been built in compliance with the design application without circumvention from the functional and static approaches.
One of the two copies of this report and the relevant documents are retained at the urban planning office of the region or municipality. The other copy is retained by the supervisor of the construction work, after having been confirmed for retention and is sent to the investor for testing with the relevant documents as defined in Article 9 of this law.
states that all the facilities defined in Article 3 must undergo a technical economical testing which aims to verify whether:
- The facility has been built respecting the technical criteria
- The facility has been built in compliance with the contract
- The applied prices are according to the contract definitions
- This testing verifies the requirements of the developer presented during the application for a construction permit.
The testing of the facility is performed by a certified, license holding building inspector. This person must be a natural or legal resident of Albania but can be either foreign or Albanian. They also must not have had any part in the construction process, supervision or permit application of the construction work to be tested.
The nomination of the inspector or inspecting group is the duty of the investor, who should communicate this nomination to the individual or institution that will act as inspector as well as to the regional or municipal urban planning section or office within a time period of thirty days following the date of construction work completion. The investor will define the deadline for inspection.
When there is no investor and the constructor builds independently, they are required to choose one from a list of licensed inspectors provided by the urban planning office. The same requirements and selection time period of thirty days past construction completion apply. The contents of the written record of inspection are defined by the Council of Ministers. The inspector, the developer and the supervisor of the construction process must sign each written record. The inspector submits two copies of the written inspection record to the relevant urban planning office and after the registration takes place, these records are sent to the investor.
states that permission to use or dwell in a new building/facility is given by the urban planning office following the submission of a written building inspection record. At the request of the owner of the construction site, the relevant urban planning office officially sends the design and urban planning conditions for the building site to the Office for Building Registration.
The following documents are attached to this documentation:
- Permission for the construction site
- Permission for construction
- Written records for the facility inspection
- Permission to use or reside in the facility
- Other documents that define or individualize the built facility
Upon the submission of this documentation, the Office of Building Registration, in compliance with legal provisions, performs the relevant acts of registering the facility and issues the property certificate to the person interested.
states that the violations to articles 5, 6, 7,9,10 and 11 of this law constitute an administrative offense and can result in a fine of 50,000 to 200,000 lek. For violations of articles 4,8,12 and 14 of this law the fine imposed is 300,000 to 500,000 lek. The fine will be imposed by the chairman of the relevant branch of the Construction Police.