The construction of the "Infinity" building in Podgorica has reached the Basic State Prosecutor's Office (ODT) because the investor, the company "Univerzum", was building contrary to the revised main project for which a building permit was obtained.
The criminal complaint was filed with the Podgorica ODT in early March by the Urban and Construction Inspection of the Ministry of Spatial Planning, Urbanism and State Property, which banned construction at the end of February because the inspection determined that the company was operating a residential and commercial facility instead of a business facility. The inspection also reported the company “Crta” that provided expert supervision to the Court of Misdemeanors because they failed to inform “Univerzum” that the works were not being carried out in accordance with the revised main project.
"Vijesti" is waiting for answers from the Podgorica ODT about what they have done regarding this case.
The Ministry of Spatial Planning, headed by Minister Slaven Radunović, told "Vijesti" yesterday that "Univerzum" continued to build even after the inspection findings.
"The Ministry of Environmental Protection and Spatial Planning issued a decision on a construction permit for the construction of the facility on November 17, 2003. The supervised entity "Univerzum" continued to build the facility under the permit, which instead of being a business facility is now being constructed as a residential-business facility, contrary to the issued permit. The inspection determined irregularities in that the works were being carried out contrary to the revised main project on the basis of which the construction permit was obtained, a decision was made to prohibit construction and ordered the elimination of irregularities within 20 days. After the deadline expired, a control inspection was carried out and it was determined that "Univerzum" did not act according to the order and did not eliminate the established irregularities, as well as that it did not respect the imposed prohibition measure, but rather carried out the works despite the prohibition decision," the Ministry said.
“Vijesti” asked the “Univerzum” company about the inspection findings and the problems during construction. It responded by email that it would provide the entire documentation to the editorial team next week. According to data from the Central Register of Business Entities, the founder of this company is Predrag Ivanović, while the executive director is Milena Đinović. The company was founded in March 2018 and, according to data from the Central Bank of Montenegro (CBCG), its account is blocked due to a debt of almost 294.000 euros.
This building is located on Serdara Jola Piletića Street, between the Basic Court, the Faculty of Law and the “Sutjeska” Elementary School. The company's website states that they are working on the construction of the luxurious residential and commercial buildings “Infinity” on 10.000 square meters, consisting of a total of 27 apartments and several commercial spaces.
"Vijesti" has access to some of the documentation regarding the construction of this building.
In the February decision on the construction ban, the inspector states that construction of part of the ground floor, basement, first and second floors of the building is prohibited.
The inspector stated that at the end of last year, “Univerzum” reported the adaptation of part of the building, including partition walls, electrical and plumbing works, and facade locksmithing. However, upon inspection of the property register, it was determined that part of the basement has multiple owners, while “Univerzum” owns business premises on the ground floor. In early February, it was determined that the works were ongoing and in the rough phase, and the adaptation application was not valid because it was not submitted by all owners or holders of rights over the building.
The inspector points out that supervision was also carried out at this construction site in 2022, that irregularities were identified and that construction in the attic and gallery was prohibited at that time, and that the situation on the ground has changed since then.
The inspector determined that numerous alterations had been made to the building that were contrary to the main design - the elevator and atrium openings were closed, partition walls were built in unforeseen places, facade locks were installed instead of the entrance staircase, new elevator openings were drilled and facade openings were changed. The business premises were converted into apartments, with the number of shops per floor being reduced from 17 to 9 apartments. Because of all this, “Univerzum” was prohibited from building on the basement, ground floor, first and second floors.
In response to the inspector's findings, the lawyer for "Univerzum" pointed out that the company was prohibited from carrying out work on the attic and gallery in June 2022, which is why they filed an appeal, which is currently the subject of an administrative dispute. Therefore, he explains that under the Law on Administrative Procedure, administrative proceedings cannot be conducted twice on the same matter.
He claims that it is unclear to him what control the inspector is carrying out, that the number of housing units is not an urban planning parameter and that the inspector is exceeding his jurisdiction and is requesting the suspension of the procedure. He states that this is a permitted adaptation and is requesting the suspension of the procedure. In support of this, a study by a geodetic company and an expert's report were submitted, confirming that the building retains the same purpose, with an internal redistribution of space.
Univerzum is getting involved in construction in 2019.
The building permit for the facility was issued in 2003 to the Association of the Blind, Nedžib Kačar and “Pešter Banka” from Rožaje. According to available documentation, the company “Univerzum” was included in 2019 by signing a joint construction contract, in which Kačar also participated, but the Real Estate Administration rejected the registration due to inconsistencies in the data about the company “Atlantida Invest”, which was involved in the construction. This decision was confirmed by the Administrative Court in 2021.
Despite this, "Univerzum" is obtaining documentation from the Cadastre and State Property Administration in 2021 and 2023 for the development of the facility, even though a building permit has not been issued for them.
In 2022, the Basic Court, as can be seen from the documentation, prohibited works that were not in accordance with the permit, because the procedure for determining property rights and compensation for damage was ongoing. That year, the inspector prohibited further work on the gallery until it was legalized, stating that the building permit had not been issued to “Univerzum” and that they did not have proof of a change of investor and the right to build. However, the authorities did not allow the legalization of Univerzum.
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