Walking next to Ljubović, a girl falls in love with a young man...
And they got married, not long after. His sold a piece of land in Bjelopavlići, her took out a loan - just enough to buy an apartment for the young couple. And it happened, as if out of spite, right in a ganc-new residential building - Type S4, Su(Po)+P+4+Pk - built on Urbanistic plot 81, KP 3842/1, KO Podgorica III, Podgorica, in the scope of DUP- and Zabjelo - Ljubović, Amendments and additions.
The spouses hoped for a long life filled with happiness - but don't lie down - after all, this is Black - and every day blacker - Gora. The ominous clouds rose above and hid the sun from the spouses. Excavators appeared under their windows - and began digging the so-called foundation pits for a new four-story building - Type S4, Su(Po)+P+4+Pk - on the neighboring UP 82, KP 3826/1, KO Podgorica III, Podgorica, in the scope of DUP Zabjelo - Ljubović, Changes and additions.
And all that (almost everything, sorry) in accordance with the Law, the mentioned planning document and, of course - the Decision on consent to the conceptual design of the future building - which was signed by none other than Filip - Fićko/Ćkofi - Aleksić, the chief city architect of Podgorica ( GGAPG) - and at the same time the president of the Association of Architects of Montenegro - an open, multi-talented person, very prone to jokes and a favorite in society.
OK, I will mention, for the sake of reminding, that the Decision "on consent to the preliminary design of the collective residential building", designed on the mentioned UP 81, the mentioned DUP Zabjelo - Ljubović, Amendments and additions - of the very collective residential building in which our spouses will buy apartment - signed by none other than Dušan Vuksanović, our good uncle Duško - on December 7, 2017, when he was acting chief state architect (GDA) - and at the request of "LEPONT INŽINJERING" DOO PG.
In that name, uncle Duško managed to dig up not one - but even two sentences from the DUP Zabjelo - Ljubović, Amendments and additions - which are so meaningless, given the context, that they are even mentioned five times in that planning document: "Design the object in accordance with the position, purpose and environment, use natural materials, sloping roof planes, etc. in the construction. Adapt the slope of the weed to the selected material".
After quoting those two sentences without error, good uncle Duško was left with nothing else but to state that he "performed an inspection of the conceptual design of the building in question" and that he "found that the conditions for granting consent in terms of architectural design and materialization of the object". But let's see what the current Law on Spatial Planning and Building Construction says about the conceptual solution...
"The preliminary decision establishes", says article 76, paragraph 1 of the mentioned Law, "the general concept for the construction of the building, and in particular: the fitting of the building into the space; the position of the object within the location and in relation to neighboring objects (aha! - op.a); 3D object visualization; conditions and solutions for connecting the building to traffic, installation and other infrastructure and arranging the location".
The mentioned Law, unfortunately, does not give Mr. GDA the right to deal with the position of the building within the site and in relation to neighboring buildings - it does not give him the right, specifically, to express his disagreement with the fact that it can easily happen, for example, that a future tenant residential buildings - multi-storey buildings that will be built on the neighboring UP - spits right in the face of the tenant of the multi-storey building, which he previously, by giving consent to its conceptual solution - godfathered - without asking him to state the problem and to propose a way to prevent that problem.
The specific problem - spitting in the wood - is generated by the processor of the planning document - and in the case of DUP Zabjelo - Ljubović, Amendments and additions - it is "URBANPROJEKT" AD Čačak. How did it happen - we are now wondering - and rightfully so - that the aforementioned planning document, which was adopted back in 2009 (with a validity period of five years - according to the then valid Law on Spatial Planning and Building Construction), still in the draft phase, it receives a positive opinion from the Ministry of Education and Culture and all relevant state administration bodies, respectively, and a whole series of "competent legal entities" - not to mention the public discussion and the discussion in the GGPG Assembly before adoption - without anyone noticing that multi-storey buildings are planned on UP 81 and the neighboring UP 82 - still too close - which means that spitting in the pljat is one of the possible options.
The minimum distance of the new building from the neighboring plot is three meters - says DUP Zabjelo - Ljubović, Amendments and additions - if the new building contacts the plots on which the construction of Type S4 building is planned - which is our case.
So we have three meters on one side and three meters on the other side - equals six meters. Everything in order and according to the letter of the planning document, please.
Acting on the request of "GRADNJA PROMET" DOO Danilovgrad - and on the issue of consent to the preliminary design of a collective housing facility with activities - type S4, on UP 82 - our GGAPG (the aforementioned Fićko/Ćkofi), clearly, unlike uncle Duško, demonstrated the ability to accurately find a place in the planning document of the DUP Zabjelo - Ljubović, Changes and additions, where it is beautifully written "Shaping of space and materialization" - and then he clearly demonstrated his enviable skill in using the copy & paste function.
If we refer again to article 76, paragraph 1 of the current Law - we will notice that the attachment that would illustrate "the fitting of the object into the space; the position of the building within the location and in relation to the neighboring buildings" does not exist either in the conceptual solution of the residential building on UP 81, to which good uncle Duško gave his consent on December 7, 2017 - nor in the conceptual solution of the residential building on UP 82, to which Čkofi gave his consent consent on January 20 of this year. Therefore, we have nothing else to do - despite the fact that these are conceptual solutions that are available to the public (on the websites mrt.gov.me, i.e. podgorica.me) - except to conclude...
OK, I leave the conclusion to you.
And finally, I would advise everyone who intends to embark on the adventure of buying an apartment - in the entire territory of the Republic of Montenegro, our mother - to first visit the competent authority of the state administration or local self-governments - and to check whether the planning document in the scope of which finds a residential building where they want to buy an apartment - predicts residential buildings nearby - and at what distance from each other.
So that it wouldn't be...
I would also suggest that an office be opened - within the newly formed LLC "Protection of Space of Montenegro" - where citizens - buyers of apartments - would be provided with professional assistance related to the interpretation of the so-called planning and technical documentation. So that it wouldn't be later...
And we would have to, I'm afraid, thoroughly rewrite the Law - including all by-laws in turn - but we'll talk about that in one of the next issues.
Bonus video:
