Undermined neighbor's foundation: An investor in Zagorič damaged the fence and sidewalk of a family house on a neighboring plot

The Construction Inspectorate of the Ministry of Spatial Planning carried out an inspection in the Zagorič settlement after a report that work at a construction site had damaged a fence and part of a privately owned sidewalk. Radivoje Leković.

Initiative for oversight of the department Slaven Radunović sent by Leković's attorney, lawyer Dragoljub StrugarIn connection with the same matter, in mid-September, Strugar also addressed the Basic Court in Podgorica, to which he sent a proposal for securing evidence.

Among other things, he stated in the initiative for inspection supervision that the works invested by "Entext Invest" from Podgorica are being carried out "contrary to professional rules".

Strugar asked the inspectorate to prohibit the investor from further construction after the inspection.

"Regarding the submitted journalistic question, we would like to inform you that in the proceedings regarding the aforementioned case, we were informed by the Chief Construction Inspector that the acting inspector carried out an inspection at the location in question of cadastral plots number 249/1, 249/2, 249/3, 256/4, 256/7 and 258/17 of the Podgorica II Administrative District, determined the factual situation and further inspection proceedings are underway," the Construction Inspection of the Department of Spatial Planning, Urbanism and State Property stated in a response to "Vijesti".

The aforementioned cadastral plots are located within the scope of the Detailed Urban Plan "Zagorič 3 and 4 - Zone 2".

The Podgorica Basic Court confirmed to the editorial office that it had received a letter from lawyer Strugar and said that the proposal had been sent to the proposer's opponents for comment, "and a hearing will be scheduled when the legal conditions are met."

The initiative for inspection supervision and the appeal to the Basic Court followed after, as stated in the documents submitted to "Vijesti", during the preparatory construction works invested by "Entext Invest", during the excavation of land in the immediate vicinity of Radivoje Leković's property, "improper and inadequate work, and failure to provide protection... caused erosion and collapse of land owned by him."

"As a result, his buildings suffered significant material damage, given that the block fence around his house, about 15 meters long, cracked and collapsed in several places, the sidewalk at the back of the garage partially sank and cracked in several places, and as a result, a crack appeared in the mortar in the immediate vicinity of one of the garage pillars," the report to the inspection states.

This, it added, indicates the possibility of further erosion and collapse, "which could lead to the demolition of his auxiliary building, which consists of a 21 square meter garage."

Leković's attorney states that, in order to prevent further damage or a possible increase, it would be necessary to "prohibit further work by the investor on the facility he is building in the area that is in the immediate vicinity of the applicant's real estate."

"And urgently take action to repair the damage and restore the condition of the property to the one that existed before the damage occurred," the report states.

Reports were recently filed with the building inspection of the spatial planning department due to a similar situation in another part of Podgorica, in the Zabjelo neighborhood.

The initiative for supervision was filed in relation to two investors, “Safe Harbor” from Nikšić and “Euromont gradnja” from Podgorica. The Ministry of Spatial Planning, Urbanism and State Property granted them approval for urban and technical conditions, or conceptual designs, for the construction of residential buildings in the immediate vicinity of the “Ljubović” Center, a public institution for the accommodation of children and young people with behavioral problems.

The Nikšić investor began work in early September, right next to the “Ljubović” fence. After an inspection, the construction site was temporarily closed in the meantime, because the work caused the concrete fence of the Center to crack. The work also caused the ground on the yard side next to the fence to crack.

A few days ago, right next to the fence on the other side of "Ljubović", construction work began by another investor, "Euromont gradnja". The work of this investor led to damage to the hedge...

In relation to the approvals given for these investments, in addition to the damage caused by the works, the question of the validity of the planning documents, which generally allow construction in the immediate vicinity of institutions categorized as "public functions", is open.

For investment in the Zagorič settlement - a collective housing facility, where construction work caused damage to the fence and sidewalk on the property Radivoje Leković, the Directorate of the Chief State Architect of the Ministry of Spatial Planning gave approval to the amended conceptual design in May last year.