INTERVIEW: JOSIP MARTIĆ, MINISTER OF PHYSICAL PLANNING OF FBIH
By: Ajsela ZAHIROVIĆ
SARAJEVO, April 16 (ONASA) – Minister of Physical Planning of the Federation of BiH (FBiH) Josip Martić in an interview for ONASA talks about the situation in the field of spatial planning in the FBiH, key activities and projects which the Ministry will do in the future, compliance of legislation in this field with regulations of European Union (EU) and other topics.
ONASA: How would you assess the situation in the field of spatial planning in FBiH as you encountered it when you took office?
MARTIĆ: Until the adoption of the Spatial Plan of FBiH, valid planning document is the Spatial Plan of the Socialist Republic (SR) of BiH for the period 1981-2000.
The House of Representatives of the FBiH Parliament in the 32 regular session held on 9 July 2014, adopted the Proposed Spatial Plan of FBiH for the period 2008 to 2028. The House of Peoples of the FBiH Parliament did not consider the Proposed Plan.
Due to the necessary amendments to the same, we are considering its withdrawal from the parliamentary procedure.
Since the Spatial Plan of the former Socialist Republic of BiH has outdated planning solutions (given the time of its origin), it can be concluded that the period of preparation and adoption of FBiH Spatial Plan as a planning document at the entity level is taking too long, and that should also be harmonized with the constitutional responsibilities of the FBiH and Canton, and with the decisions of the Constitutional Court of the Federation of BiH.
In the first place it is necessary to access the urgent development of the Spatial Development Strategy of FBiH as the basic spatial planning document for the direction of development in the area. Of course this activity will use the already prepared documentation from the previous period as a spatial basis, or more precisely the report on the spatial situation in the FBiH.
Therefore, the main objective of the Ministry of Physical Planning of FBiH is through interactive spatial planning and assessment of possible impacts, to achieve uniform spatial development that conforms with the economic, social and environmental basis, balancing regional (the term regional refers to the cantons) development processes and associated activities in the space and different needs and interests of users of the space.
Another mechanism is to respect international recommendations, directives, treaties and conventions eg. in the field of environmental protection, protection of natural and cultural heritage, water management and others.
Furthermore, development planning documents in areas of importance for the FBiH are adopted or are in the process of adoption: Spatial plan of areas with specific characteristics of importance for the FBiH “Una River Basin” was adopted and is being implemented; Spatial plan of areas with specific characteristics of importance for the FBiH “Corridor Vc” was adopted in the House of Representatives of the FBiH Parliament and is in the procedure of adoption in the House of Peoples of the Federation of BiH.
We will withdraw this document from the procedure, for revision. There is also the Regulatory Plan for the historical urban area of Mostar, which was adopted and is being implemented, Regulatory Plan for the historical urban area Počitelj is under correction and creating of the Proposal and the Regulatory Plan for the historic urban area of Blagaj is in the first draft stage.
Carriers of work on planning documents, according to the Law on Spatial Planning and Land Use at FBIH level, are selected through a tender process, in accordance with the Law on Public Procurement of BiH.
ONASA: What are the key activities and projects on which the Ministry will work in the near future?
MARTIĆ: To systematically address the issue of holders of planning documents in accordance with the Law on Federal Ministries and other bodies of the federal administration. To intensify the process of preparing and developing the initiated and new spatial-planning documents from the jurisdiction of the FBiH, and also, in cooperation with the cantonal ministries of physical planning and construction, to harmonize regulations in the field of building and urban planning, with the aim of shortening the process of issuing urban and building permits as key to accelerated investment process both for domestic and foreign businessmen.
To intensify activities to establish a unified information system. Since the spatial planning is a multidisciplinary process it is necessary to continue cooperation with relevant institutions, at all levels of government.
Key activities and projects of the Department for Reconstruction and Protection of National Monuments and Energy Efficiency in Buildings in the coming period are ongoing transfers to other levels of government and funds for the projects of warming of buildings to save energy.
Activities related to this project are: FBiH Government decision, adoption of allocation program, a public call for bids, selection of applicants on the basis of pre-made criteria, implementation of public procurement procedure for each selected application.
Furthermore, activities are also related to ongoing transfers to other levels of government and funds for Roma housing.
Activities related to this project are FBiH Government decision on allocation of funds from the budget of the Federation of Bosnia and Herzegovina for 2015 to the Ministry of Physical Planning of the FBiH for implementation of the Action Plan for Roma in the area of housing, Memorandum of Understanding for the implementation of the Action Plan for Solving Problems of Roma in the area of housing.
Another task are ongoing transfers to other levels of government and funds for the rehabilitation of damages caused by floods and landslides, and if required to plan and adopt special regulations for the rehabilitation of flooded and vulnerable areas such as the Ordinance on measures to protect against natural disasters in the physical planning and arrangement of space and co-financing of the preparation of area planning documents in units of local self-government for 2015, which will depend on the funds available in the budget or a budget revision of FBiH.
Activities related to this project are, FBiH Government decision, adoption of allocation program, a public call for bids, selection of applicants on the basis of pre-made criteria, implementation of public procurement procedure for each selected application.
Then we have capital transfers to other levels of government and funds – participation of FBiH Government in co-financing cantonal governments and local communities for protection of national monuments.
Activities related to this project are, FBiH Government decision, adoption of allocation program, a public call for bids, selection of applicants on the basis of pre-made criteria, implementation of public procurement procedure for each selected application.
Activities also include the implementation of public procurement procedures in accordance with the Law on Public Procurement for the procurement of material and technical resources and ensuring their implementation; conducting all activities envisaged by the Law on Public Procurement, selecting adequate public procurement procedure, preparation of decision to initiate proceedings, preparation of tender documentation, preparation of supporting records, the notice to bidders, communication with bidders, providing the necessary clarifications, drafting contracts and reporting on the public procurement procedures to Public Procurement Agency of Bosnia and Herzegovina.
In the next period we will also implement activities to consider the possibility and justification of the founding of the Institute for Urban Planning and Protection of Cultural and Historical Heritage of the FBiH.
ONASA: Are legal regulations in this field harmonized with the provisions of the EU?
MARTIĆ: For candidate countries, this means that in the area of spatial planning they have an obligation to harmonize policies and objectives of spatial development with the European objectives of spatial development, and that the domestic legislation on physical planning includes certain mechanisms to harmonize the interests with the Union and other member countries.
Ministry of Physical Planning of FBiH during the adoption of the Law on Building Products, as well as a series of regulations and rules as bylaws aligned their own standards with EU regulations and I can say that they are harmonized to the extent that was objectively possible given the real jurisdiction of this Ministry.
Law on Spatial Planning and Land Utilization in the FBiH has been prepared among other things to implement the EU Directive 2002/91/EC – Directive on the energy performance of buildings.
This law was passed in 2006, and a number of amendments have been done in 2007, 2008 and 2010.
Based on this law, as well as by-laws, the following rules which are still in force were also adopted:
Ordinance on the energy certification of buildings, the Ordinance on conditions for persons carrying out the energy certification of buildings and Guidelines for conducting energy audit for new and existing buildings with simple and complex technical system, etc.
Furthermore, some sectors such as transport and energy transmission systems that are related to spatial planning, are also obliged to respect international agreements and special guidelines and instruments and EU directives as defined by Regulation (EU) No. 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure which stipulates the adoption of the manual for dealing with the procedures of granting licenses, applicable to projects of common interest of the EU and BiH.
It is also necessary to coordinate the full range of technical regulations and standards with EU regulations, both in this field and other sectors.
All listed activities will probably require amendments to the Law on Planning and Land Use at the level of the FBiH.
ONASA: Sarajevo and other cities could soon be left without parks and green surfaces due to unregulated situation on the ground. How do you see the situation in FBiH today?
MARTIĆ: This Federal Ministry does not have jurisdiction in the area of planning and approval of construction in the city’s urban areas, which is a responsibility of the cantonal ministries in the field of construction and urban planning, which conduct the preparations of spatial planning documentation whether it is about the development or detailed plans. I believe that in no case should it be allowed for such changes or decisions about the need for so-called “corrections” to the detailed planning documents, to change the already established intended purposes when it comes to green spaces and other non-urbanized areas, ie their conversion into construction land without legally prescribed procedures.
ONASA: Could you give a comment on the claims that over the past two or three decades BiH has been an El Dorado for wild construction
MARTIĆ: As for the illegal construction, provisions of the Law on Spatial Planning and Land Use of the Federation of Bosnia and Herzegovina do not prescribe the procedure of the so called legalization of illegally constructed buildings, but again these are provisions laid down by cantonal regulations in the field of spatial planning and construction, and are made by the authorities at the cantonal level.
Namely, this Federal Ministry is solely responsible, in accordance with Article 40 of the Law, to issue laws on construction, upon previously obtained opinion of the Cantonal Ministry of Physical Planning, for the following facilities and operations:
1) Constructions and works taking place in the territory of two or more cantons;
2) Constructions and works of importance for the Federation of BiH in fields and areas of importance for the Federation of BiH;
3) On the interstate border;
4) In free zones;
5) Constructions and activities that can considerably affect the environment, life and health of the population in Federation of BiH and wider; and
6) Constructions and works in the areas that fall within the limits of national monuments, determined by the Decision of the Commission to Preserve National Monuments.
Such construction is controlled by the competent Federal Inspection Administration in order to prevent the execution of works without legally prescribed documents: zoning approval / location information and building permits.
The Federal Ministry will also access detailed harmonization of regulations governing the construction and operations of significance for the Federation of Bosnia and Herzegovina, for which zoning approval and/or location information is issued by the Federal Ministry of Physical Planning, in accordance with the constitutional responsibilities of the Federation of BiH. So the future investors know exactly for which buildings and projects in the area permits are issued by which level, the municipality, canton or federation.
ONASA: Do you believe that “wild” construction could be put to an end or that the country can charge considerable assets from the illegal builders based on the legalization of construction?
MARTIĆ: Given that the planning documents are the basis for the proper use of land (issuing of zoning approvals, location information and building permits), the “coverage” of space with planning documents is one of the essential preconditions for the prevention of illegal construction, ie it is the basis for planned use of space as a limited resource, which is a systematic approach to solving this long standing issue.
Illegal construction is also encouraged by inappropriately long periods needed to obtain the necessary documentation, as well as complex process of issuing building permits.
Short term solution: Improve cooperation with the Federal Directorate for Inspection Affairs.
According to the provisions of Article 100 of the Law on Spatial Planning and Use of Land at the level of Federation of BiH it is stipulated that the responsible person in the legal entity that has the role of investor shall be punished by imprisonment of one to three years if without authorization they start:
1) Construction of a new building,
2) Additions to an existing building,
3) Upgrade of an existing building,
4) Other works of greater scope that can endanger the life and health of people, material assets, neighboring buildings, traffic safety, and similar.
The responsible person in the legal entity which allows connection of an illegally built structure on the public network of water supply, sewage or electricity network, shall be punished by imprisonment for a term of one to three years.
Imprisonment up to one year shall be imposed on a natural person for the offenses referred to in paragraph 1 of this Article.
Under Article 116 of the Law, it is prescribed that the cantonal assemblies are responsible to harmonize cantonal laws with the provisions of this law within six months from the date of its entry into force.
With such prescribed penalties for illegal construction, I think that there are legal mechanisms to prevent illegal construction, both on the level of the Federation of Bosnia and Herzegovina and at the level of cantons and municipalities.
Precisely because the cantons adopt regulations on legalization, various cantonal and municipal decisions clearly prescribed duties of illegal builders with regard to payment of financial compensation on behalf of legalization, provided that the same shall be paid to the municipal or cantonal budgets.
Introduction of adequate planning documents, in order to ensure space that would establish zones provided for housing construction with all the supporting infrastructure, commercial and business zones, and increased inspection measures at all levels (municipalities, Canton, Federation), are one of the measures that could prevent the illegal use of space or illegal building.
ONASA: How much will you and your ministry engage on the project of warming of buildings and energy savings?
MARTIĆ: In terms of engagement of Sector for Reconstruction and Preservation of National Monuments and Energy Efficiency in Buildings on the project of warming of buildings and energy savings, in line with the Agenda of the Federal Ministry of Physical Planning and the adopted budget for 2015 activities are planned to warm facades and achieve energy savings through current transfers to other levels of government and funds – for the project of warming of buildings to save energy.
Activities will be implemented in accordance with the Decision of the Government of the Federation of BiH – the project of warming of buildings to save energy through the adoption of the Allocation Program, selection criteria, distribution, issuing a public call, the selection of applicants and conducting the procedure for selection of the best bidder for each individual application selected based on the criteria, in accordance with the Law on Public Procurement.
Activities to warm facades and achieve energy savings will be realized through the project “Energy Efficiency in BiH” in the period 2014-2018, which is financed by the World Bank credit line, which will be implemented through activities of the Implementing Unit which was formed in Federal Ministry of Physical Planning.
In addition to the implementation of activities in the field of warming facades and achieving energy savings, this Ministry will be involved in drafting appropriate regulations (laws and bylaws) and the Action Plan for Energy Efficiency of the Federation of BiH, the operational plan for improving energy efficiency in buildings used by federal institutions and will engage in projects that are financed by international institutions, which are intended to improve the field of energy efficiency in buildings.
We will definitely look for funds in the revised budget for this purpose, because assets planned currently in the Budget are symbolic at best. (end)