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Is control and monitoring exercised by the government? If so how is it done? According to the law of 1998 amended in 2020 “On the control and discipline of construction works”, Article 6 obliges that the technical control in terms of safety is carried out through technical opposition.
The technical opposition for the construction projects of the facilities is performed by the state institutes or other entities determined by the ministry that covers the construction activity, for all:
a) public constructions;
b) non-public constructions, with a prevented value of at least 100 (one hundred million) ALL;
c) facilities with public access.
In any case, the state institutes or other entities, which carry out the technical opposition, are jointly and severally liable with the designer for any damage resulting from the errors or shortcomings of the technical opposition. They bear administrative or criminal responsibility, as the case may be, for violating the legislation.
The rules for the projects, which must be subject to technical opposition according to each design field, as well as the procedures followed in these cases are approved by a decision of the Council of Ministers.
“It is an added value 120/2020, the responsibility of the opposition has been added. Opposition is treated as before, but only the responsibility of the perpetrator is increased. When it should, that the law itself requires a full procedure for drafting the opposition. The problem is that it should be run by only one institution. Because run by two institutions it is again in the market and produces competition and pressure and does not go on the security side, but on the contrary. Either it will liberalize, or it will concentrate. I do not agree with liberalization. A public eye to ensure quality, should be on paper “said Markel Baballëku, Faculty of Civil Engineering Tirana
After the design comes the next stage which has to do with implementation and control. But so far the focus has been on urban criteria rather than safety. In security, controls in the optics of experts have been partial. The documentation collected after the earthquake showed that these documents are not complete even when the constructions are with permission.
“If a construction permit is obtained, a geological-engineering study and seismic assessment of the area must be done. Data submitted by the builder. Both of these data must have a state expertise. The study should be done by every expert in the field, but this should be controlled by state institutions “said the geologist, Sokol Marku.
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