In Rafailovići, on the very coast, a luxury condo hotel is springing up. The problem, however, is that it has three times more floors than is allowed by the Bečići DUP, which stipulates that buildings on this urban plot may not have more than five floors. That's why some locals are protesting.
"For one lamella, a basement, plus P, plus 10 floors were approved, and for the other, 4 basements, ground floor plus 11 floors were planned... As a ... user of the same DUP Bečići, I am allowed to build only four floors and nothing more. Not everyone has the same rights in this country...", local resident Filip Rafailović told TV Vijesti.
In 2011, the Ministry of Sustainable Development issued such urban-technical conditions, which are not in accordance with the Bečići DUP, to the Budva companies Nivel-invest and Luzitano-invest. In the meantime, the investor has changed, so the Municipality of Budva, at the request of the new builder Davor Spaić from Sarajevo, set new conditions, this time in accordance with the DUP. The new investor, however, ignored this document and started the works in the old way, from 2011. And that the urban conditions of the Ministry were disputed, Rafailović proved in the Administrative Court in September of last year.
"Who made the judgment in my favor, that is, he did not allow the construction of so many floors, but canceled the decision of MORT. The inspection came on several occasions, they stated that it is as it is, they have the judgment of the Administrative Court, however, they do not act on it ...", adds Rafailović.
Even though the Administrative Court of Spaić challenged the construction permit, the works continued. Construction inspector Vladan Juretić unsuccessfully stopped them on December 28 last year.
"Prohibition of further construction works on the building on lamella A and lamella B, which were covered by the canceled building permit. The control inspection of the site in question found that the investor continued with the construction of lamella B, and a demolition decision was issued for it on March 07 2018", according to the Directorate for Inspection Affairs and Licensing of the Ministry of Sustainable Development and Tourism,
However, the lamella was not demolished because the investor filed an appeal. But while he waits for the demolition of the disputed building, which would leave him without a view to the west and south, Rafailović is not sitting idly by.
"The investor and the owner asked for a new construction permit, and I, as a party to the proceedings, asked the expert who is a construction professional and who is responsible for planning documents to tell the experts whether or not they have the right to build...", says Rafailović.
In February of this year, court expert and architect Miodrag Maraš concluded that they do not have the right to build.
"The conceptual project was not completed or revised in accordance with the law and professional regulations, and the DUP "Bečići", so I believe that a construction permit cannot be issued for such a conceptual project," says Miodrag Maraš, an expert in the field of architectural and urban planning.
Because of this, Rafailović hopes that the authorities will respect the law this time, as they respect it when it comes to other locals, while renovating their homes.
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