Lamela C, one of three in the Zabjelo neighborhood in Podgorica that was built by the company "PS Gradnja", should be demolished today. This was confirmed by the investor to "Vijesta" yesterday.
The demolition is scheduled for eight o'clock, and the company from Podgorica also said that they will have the assistance of police officers.
Yesterday, the crane of the company "Elevator" was parked in front of the building that was planned for demolition. Around 15:XNUMX p.m., when the "Vijesti" reporter was in the neighborhood, it was quiet and apart from the children who were playing in the park across the street, there was no one there and nothing out of the ordinary was happening.
Their representative is not sure if the owners of apartments in the disputed building will organize a protest today Cedomir Radicevic.
"I suggested that they do not resist, but I see that they are panicked, so I cannot vouch for their behavior...", he said and added that this panic comes from the fact that among the apartment owners there are also people in poor health. that some are in a bad financial situation, because they gave the last money for an apartment...
"I understand them, but I believe in this country. But if they start demolition, we will report it to the embassies, so they can see what is happening," he said.
They bought apartments, but were warned that the building was unlicensed
He announced earlier that he would contact foreign embassies.
On Friday, he informed the public about the plan for today's demolition of Lamela C in a press release. He stated then that the disputed building, based on the decision of the construction and urban inspection of the Ministry of Spatial Planning and Urbanism, will be demolished by the investor himself. This was confirmed that day by "PS Gradnja".
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If the building is demolished, Radičević says, he will file a lawsuit against both the investor and the state.
"Well, let them see who can pay for it, our lawyer guarantees that we would succeed in such a procedure", he said and added that there are 83 apartments in Lamela C, that they have all been sold, that 90 percent of them are listed in the cadastre as buyers, and that the registration procedure for 10 percent is ongoing.
He also submitted to the editors one of the sales contracts, which was concluded in August 2022.
In the contract, the notary states that by looking at the data from the official website of the Administration for Cadastre and State Property, he determined that for the real estate deed in which the disputed building (7743 KO Podgorica III) is registered, there are registered encumbrances and restrictions - "no permit".
"The contracting parties declare that they are aware of the burden without a permit, that the seller has initiated the procedure to obtain a permit, and that for this purpose the procedure of legalization of the entire residential facility has been initiated... that it is expected that the residential facility will receive a permit. The contracting parties declare that obtaining a permit does not depend only on the seller, but it is decided by local self-government bodies or possibly state authorities, so the seller cannot give a realistic deadline for obtaining a permit, therefore the contracting parties agree that the seller is not obligated to obtain a permit within a certain period permit," says the contract, which was notarized in August 2022.
"At least 30, 40 percent of apartments do not have a permit in Podgorica"
To the fact that the buyers were aware of the fact that the building did not have a permit, Radičević replied that this is the case with a large number of buildings in Podgorica.
"At least 30, 40 percent of the apartments in Podgorica do not have a permit, it is almost a regular occurrence, overruns, deviations from the permit... so it is not an obstacle to concluding a contract," he says.
He also adds that contracts for the purchase of apartments would not conclude that the decision to demolish the building was recorded in the official records.
"Except, of course, who paid everything, until then. Because the unconscionability of the authority to record that decision in the real estate list cannot be stronger than the unconscionability of us as buyers who did not know. That decision, according to the advice of our lawyer, cannot affect us, that is, our property, which is 83 apartments," Radičević said.
He does not expect the building to be demolished and says that they have agreed with the investor that the atrium located between the four slats will be repaired.
"To create an environment in which normal life can take place. When it is renovated, it will be a completely normal building, of which there are many in Podgorica, in Block five, in Blocks eight, six, nine... You have buildings in 4. Jula Street that look exactly the same, closed on four sides, there are Podgorica," said Radicevic.
He says he expects the new government to stop wild construction in the future.
"While the construction site is still being formed, and not when the building is finished, they will demolish it," he said.
No one informed the neighbors about the demolition
The tenants of the neighboring, legal building, owned by the investor "V&B Invest", on which Lamela C and the other two, D and B, are literally leaning, told "Vijesta" yesterday that, apart from the media, they did not receive any official notification about the planned demolition. In that building there is a market and one of the educational units of the state kindergarten "Đina Vrbica".
When asked what they expect to happen today, they say "that the state will finally show that it is stronger than the construction mafia".
"The same one that built three illegal lamalas with seven floors in full view of all state institutions, even though there are executive decisions on demolition from 2018 and 2019 for all three. The life of us tenants of the legal building of the investor 'V&B Invest' was turned into hell during that period, and imagine what it is like for the children from the 'Đina Vrbica' kindergarten, who are daily exposed to the torture of illegal real estate agents", said one of the tenants of the neighboring, legal building which is moved in 2016
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A year later, the construction of the controversial residential block of the investor "PS Gradnja", known as lamellas B, C and D, began.
Regarding the announcement of the demolition of one of those slats, they say that it is only a compromise.
"Demolishing slat C is only a compromise, because three slats are illegal," they told "Vijesti".
They blame the state and the investor for the fact that three slats sprouted next to their building, and they have been talking about it for years.
"First of all, the state is responsible for the whole situation, which did not solve this at the root, and therefore allowed this topic to be represented in the media at all. The building had to be demolished at its foundation, because it is still illegal today. The investor, who built illegally, despite all bans, demolition decisions, and lost court cases, is just as responsible. Because illegal construction is a criminal offense," said the tenants of the neighboring, legal building.
The residential building of the investor "PS gradnja" in the Zabjelo settlement, as the Administration for Cadastre and State Property said at the end of 2021, was registered in the cadastre based on the request of that company and, among other things, a building permit from 2014. That building permit was issued for garages in the basement of the building. They said then that no such permit was issued for the ground floor, five floors and attics.
According to data from the cadastre, both the legal building and the disputed lamellas of "PS Gradnje" are registered on the same plot (3827/7, KO Podgorica III, LN 7743), which is why the apartments in the building of "V&B Invest" have burdens and restrictions.
The disputed building is registered in the real estate register as building 2, while the legal building, "V&B Investa", is listed as building 1 in the same LN.
Data from cadastral records show that real estate in the disputed lamella was traded during this year as well, and during the fall other notes were recorded, such as "prohibition of alienation and encumbrance"...
The demolition of disputed slats is not announced for the first time. The demolition was previously prevented by a group of citizens, but the support of the Waterworks, Electricity Distribution, the Center for Social Work and the Police Administration was also missing.
The demolition of Lamela C was announced a few days ago by the Minister of Spatial Planning, Urbanism and State Property Janko Odović who announced on the X network (formerly Twitter) that it will be demolished "when funds are provided in the budget".
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