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Transcript of Institute for Real Estate, Construction and Housing, Vienna WPLA Workshop, Vienna, 16 October 2014...

Conference „Real Estate Research in Central East and South East EuropeWPLA Workshop, Vienna, 16 October 2014
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PB 2, A 1020 Vienna
+43 1 968 6008
A new strategy to regularize informal settlements Case Study Montenegro
WPLA Workshop “Real Estate Infrastructure – Fit for Use?”
Vienna, 16 October 2014
WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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Meeting requirements of the Vienna Declaration by 2015
Reduce earthquake vulnerability
Setting up communal services
Development of a regular real estate market
= a very comprehensive set of targets
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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A catch 22 has petrified informality
Parcelling, sale and registration of land, even though it was agricultural land = no DUP
No DUP – no building permit
Housing pressure has wiped off rule of law
Today customary rights vs rule of law
Incomplete and unprecise cadastre
Planning standards oriented on green field developments, which cannot be implemented to existing settlements
Non-registered buildings not possible to consider in the DUP
Legal requirement to compensate land with market prices
Compensation with DUP standards unaffordable for the public
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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All over Europe over 2 million people in informal settlements
Assessment of regularisation approaches in Albania, Croatia, Greece, Macedonia, Portugal, Republic of Srpska, Serbia
Solutions: regularization, upgrading, resettlement, demolition
None of the previous approaches provides efficient and streamlined solutions
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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National Spatial Plan of Montenegro until 2020 (2008)
Law on Spatial Development and Construction of Structures (2008), reform in preparation
Change of criminal law to treat informal construction as criminal act
Few demolition of informal construction in coastal areas and national parks
Donor assistance of GIZ, UNDP, WB
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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Support of existing strengths of the settlements: high level of self-organisation, social integration, non-motorised access, efficient grid of footpaths
Make sure that all settlers pay communal fees =
payment obligation before legalisation
Efficient but lean traffic infrastructure
Alternative planning standards
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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≠ cadastre map
documentation of buildings does not mean registration
= technical basis for a Spatial Urban Plan
Including precise plot boundaries, volume and use of buildings, estimates of gross floor space, existing public and private roads and footpaths
Basis for levy of communal fees
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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Including technical infrastructure plan, trafic plan, hydrotechnical plan etc.
Definition of buildings to be removed
Definition of alternative planning standards
Basis for regularisation
WPLA Workshop, Vienna, 16 October 2014
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Infrastructure corridors: existing roads, minimum new roads
Grid of small roads and footpaths
Legal access to each parcel even on private footpaths
(with a right of way)
No parking on public space, beside of payable lots at the outskirts
Design of public space to create identification
Institute for Real Estate, Construction and Housing, Vienna www.iibw.at
WPLA Workshop, Vienna, 16 October 2014
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Public transport
WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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WPLA Workshop, Vienna, 16 October 2014
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Steps of regularisation
Spatial Urbanistic Plan
Raising communal fees on the basis of real use and registration of land (regardless building permit or registration of the building in cadastre)
Communal fees for accepted buildings on public land on the basis of heritable building rights
Non-registered building land will be changed to agricultural land
Cadastral registration with retroactive occupancy permit on the basis of alternative planning standards (urbanistic and constructive minimum standards)
Financial and fiscal incentives
WPLA Workshop, Vienna, 16 October 2014
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Concordance with the Spatial Urbanistic Plan
Minimum access to the plot: at least with a footpath with a right of way, maximum distance to an evacuation road
Right of way with clear rules, no compensation
Structural safety and seismic stability
Access to technical infrastructure
Finishing of construction works
Maximum density
Streamlined procedure