25 September 2000






The Special Representative of the Secretary-General,


Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,


Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,


For the purpose of regulating construction of real property and changes in the use of real property in Kosovo,


Hereby promulgates the following:



Section 1



“Construction” means the erection, installation, replacement, renovation, enlargement, alteration, conversion or demolition of any building or structure, excluding routine work done to maintain existing buildings or structures and excluding minor work specified by the competent municipal authority in municipal instructions as not requiring a construction permit”.  “Construction” includes changes made to the function or use of real property that deviate from recognized urban plans.


“Persons responsible for construction” means owners, occupiers or users of real property who engage in construction on such property and all natural and legal persons who order or contract for construction.



Section 2

Construction Permits


2.1       All construction shall require a construction permit issued by the competent municipal authority.


2.2       Municipal authorities shall issue instructions for the application for and the issuance of construction permits, which, in accordance with the applicable law, as defined in UNMIK Regulation No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo, shall specify, inter alia,


(a)    Technical, safety and environmental requirements;


(b)   Requirements relating to water, electricity and sewage connections for the proposed construction; and


(c)    Time limits for decisions by the municipality.


2.3       Criteria for granting exemptions from the requirements for the application for and  issuance of construction permits, other than fees referred to in section 2.4, shall be provided in an administrative direction issued by the Special Representative of the Secretary-General.


2.4       Municipal authorities shall set all fees related to the application for and the issuance of construction permits, which shall be payable to the municipality.



Section 3

General Provisions


3.1       When applying for a construction permit, an applicant shall provide to the municipal authority a construction plan.  In reviewing the application, the municipal authority shall take account of the municipal urban plan, if any.  If the municipal authority has reasonable grounds to believe that the applicant does not have the right to use land or a building for the proposed construction, it may deny the issuance of a construction permit.  The reason for the denial shall be communicated to the applicant in writing.


3.2       Municipal authorities shall issue construction permits strictly for the purpose of municipal control of construction.  The issuance of a construction permit shall not confer or confirm any ownership right, right to use or any other right in the underlying land or in structures erected upon that land, nor shall it constitute a determination of claims as to ownership rights or any other rights in the underlying land or in structures erected upon that land.


3.3       Applicants shall assume all liability for any claim arising from or related to a construction carried out pursuant to a construction permit, as well as for any claim for ownership or other right in any land or building on which such construction is carried out.


3.4       The number of the construction permit, together with the name, address and telephone number of the person(s) responsible for the construction, shall be visibly displayed on a sign at the construction site before the construction commences and until it is completed.



Section 4

Legalization of Construction


4.1       Where construction had commenced after 10 June 1999 but before the date on which the present regulation enters into force, without a construction permit, persons responsible for the construction are required to apply to the municipal authorities for a construction permit in accordance with sections 2 and 3 above.  Construction permits issued under the present section shall be deemed effective retroactively.


4.2       Criteria and related sanctions regarding the legalization of such construction as referred to in section 4.1 above that does not meet the requirements for the issuance of a construction permit, shall be provided in an administrative direction issued by the Special Representative of the Secretary-General.



Section 5



Any person responsible for construction without a construction permit, other than as referred to in section 4 above, or in violation of a construction permit, shall be subject to such sanctions as provided in the applicable law.



Section 6

Reconsideration and Review


6.1       Applicants for construction permits and persons upon whom a sanction has been applied shall have the right to seek reconsideration of such decisions, pursuant to procedures set forth in instructions issued by municipal authorities.


6.2       Where the municipality has affirmed its decision upon reconsideration, applicants for

construction permits and persons upon whom a sanction has been applied shall have the right to seek further administrative and judicial review as provided for in the applicable law.


6.3       Requests for reconsideration or administrative or judicial review shall not suspend the enforcement of any sanction imposed by municipal authorities in accordance with section 5 above.



Section 7

Public Health, Safety and Security


Nothing in the present regulation shall in any way limit or restrict the authority of the municipality to take such action as is necessary, including the demolition of a building or structure, to protect public health, safety or security.



Section 8



The Special Representative of the Secretary-General may issue administrative directions in connection with the implementation of the present regulation.


Section 9

Applicable Law


The present regulation shall supersede any provision in the applicable law which is inconsistent with it.



Section 10

Entry into Force


The present regulation shall enter into force on 25 September 2000.




Bernard Kouchner

Special Representative of the Secretary-General

[1] Mr. Rexhep Luci, a respected architect and the Director of the Department of Planning, Reconstruction and Development, was murdered on 11 September 2000.  The present regulation is named in his honor and in memory of the contributions he made to Kosovo and, in particular, to the municipality of Pristina.