The state does not see the "wild" villa on the foam of the sea: Lawlessness in the Gulf of Tivat

For almost four years, the Ministry and the inspectorate have not responded to the illegal construction of a building with a surface area of ​​252 square meters, a total of six apartments on the ground floor and the first floor, with a surface area of ​​423 square meters.

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Yesterday's Google Earth shot of the object in question, Photo: Google Earth
Yesterday's Google Earth shot of the object in question, Photo: Google Earth
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

The Ministry of Spatial Planning, Urbanism and State Property (MDUP) and the Construction and Urban Inspection do not react to a drastic case of illegal construction on the coast in one of the most urbanistically sensitive parts of the Tivat Bay, even though construction has been going on for four years and they receive reports from the Secretariat for Communal and inspection supervision of the Municipality, as well as from JP Morsko dobro.

To a greater or lesser extent, works on the construction of an illegal residential building, tourist villas with apartments on cadastral lots 13 and 14, registered in the real estate register 651 KO Gošići, have been going on for almost four years. Those parcels are included in the state study of the location "Part of sector 27 and sector 28", within Urban Zone 7a, on urban plot UP36C. According to the DSL, the planning purpose of that plot is "P2-Greenery within the ambient environment".

The plots on which a large modern tourist facility is being illegally built are located in the zone of the protected environmental complex Bjelila-Kakrc, which, with its unique features and a set of old stone buildings on the very coast, represents one of the spatially-ambiently most valuable and recognizable, but also the most sensitive parts of Tivat.

When asked whether the Ministry has undertaken any activities so far, from the department managed by the Minister Slaven Radunović The "News" was told that the MDUP allegedly "had no grounds for action".

"Given that no initiative was submitted on the questions you raised, the Ministry had no basis for action," said the MDUP.

They did not answer the question of whether the Ministry of Internal Affairs and Communications has so far officially checked the (in)action of its Construction and Urban Inspection in a specific case, i.e. the measures and actions it took, and what concretely resulted in the administrative, i.e. the procedure of inspection supervision if was he guided at all regarding this case of illegal construction, why the building has not been removed to this day but, on the contrary, work on it has continued and who is responsible for that.

On the other hand, Morski dobr has confirmed that their control service has on several occasions so far officially submitted to the Construction and Urban Inspection of the Ministry of Internal Affairs and Communications, i.e. the Secretariat for Inspection and Communal Supervision of the Municipality, requests for action regarding that case. Morsko dobro does not have the administrative authority to undertake measures to prevent illegal activities, as neither do the municipal Municipal Inspection and Municipal Police, and the procedure for this is centralized at the level of the state Construction and Urban Inspection.

"In 2020, the Maritime Property Control Service carried out an inspection of the area and made an official note, in which it was stated that on the floor Plots 13, 14 and 15/1, all of KO Gošići, are doing excavations and preparing the ground for construction. After that, during the re-inspection, it was established that the works were completed - the pouring of a reinforced concrete slab with an area of ​​180 square meters, and that no construction board was placed on the construction site. Since the works were carried out without a sign posted, JPMD sent a request for space control to the competent inspection at the Ministry of Sustainable Development and Tourism - the Directorate for Inspection Affairs and Licensing. Since the JPMD did not receive a notification about the inspection control, and that a citizen's complaint about illegal construction at the location in question was received, the officers of the Maritime Property Control Service visited the area again on 19/11/2021. On that occasion, it was determined that on private cadastral plots 13 and 14, there is a built residential building with an area of ​​250 square meters, storey P+1, and that there is still no construction sign on the construction site," they told "Vijesta" from Morski Dobr.

Assuming that it was illegal construction, Morsko dobro, as they point out, then submitted another request for inspection supervision to the Ministry and the Secretariat for Inspection and Communal Supervision of the Municipality "with an indication that they should inform the Public Company in writing about the supervision and the measures taken".

Even today, the building is not on the Geoportal
Even today, the building is not on the Geoportalphoto: Geoportal

"During the new control on October 8.10.2024, 2021. In 2020, officials determined that there were no significant changes on the said plot and building compared to the control from XNUMX, except that it was noted that the area was surrounded by a green mesh fence and a tile was placed on the roof. We conclude from everything that this is a private plot, where we identified this problem back in XNUMX. JPMD took all the necessary measures within its competences and sent requests to the competent inspection bodies, but until today we have not received information about the action taken on our requests for inspection supervision", said the Maritime Dobr.

"News" also confirmed from the Municipality that the Municipal Inspection went to the site on several occasions following reports from citizens and found that illegal works were being carried out on the construction of a building that, according to the planning documentation, could not possibly exist on those plots. They noted in the minutes the situation on the illegal construction site, as well as the gradual progress of the works, and submitted all of this to the competent Construction and Urban Planning Inspectorate, which, as they point out, also did not react to it at all, even in the case when the utility informed the Construction Inspection in time that according to to their knowledge, an anodized lock is to be installed on the illegal object.

Even though the information turned out to be correct, the construction inspectors did not show up at Kakrac that day either.

A Tiv woman is registered as the sole owner of the disputed property Biljana Matijević. According to data from the cadastre, the real estate consists of an apartment building with an area of ​​252 square meters, a yard of 128 square meters and a 2nd class pasture with an area of ​​89 square meters. The basis for acquiring land is purchase, while the basis for acquiring an apartment building is construction, and all of this was entered in the records of the Real Estate Administration on March 24, 2020. The building, which Matijević has been building for almost four years, has a total of six apartments on the ground floor and the first floor, and their total area is 423 square meters.

Built after the deadlines for submission of applications for legalization expired

In the bill of lading in the records of UZN, it is written that this building does not have a building permit. The facility is in the area of ​​the Kakrc-Bjelila environmental complex, which is protected by law, and was built after the deadline for submission of applications for legalization under the current Law on Spatial Planning and Building Construction from 2017, i.e. after the creation of an ortho-photograph of the territory of Montenegro, which was the basis for assessment of requests for legalization of illegal buildings. The state leaders who led the relevant ministries were told earlier that all those who build illegally after the ortho-photo recording will be the most severely sanctioned by law, and their buildings will be demolished.

According to the records of requests for legalization submitted to the Secretariat for Urban Planning of the Municipality of Tivat, on August 17, 2020, Matijević sent a request for legalization of the illegal building, stating that its total gross area is 504 square meters, that it was built in 2018 and that it was completed and unoccupied, and along with the request, she also submitted an extract from the cadastre, which proves that her illegal object has been entered into the records of the Real Estate Administration in the meantime. In the records of the Secretariat, there is no information about whether it has been resolved so far according to Matijević's request, that is, what is its current status.

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