CONSTRUCTION IN ČEKALUŠA CAN PROCEED EVEN WITHOUT A PERMIT: If You Don’t Want to Do It the Easy Way, We Can Do It the Hard Way!

A small construction site in Čekaluša Street, near the centre of Sarajevo, is causing a significant problem for neighbours. The demolition of the dilapidated house at number 28-30 began in early June 2023. The unsecured construction site, with no listed investor or contractor, and the first damages to the neighbouring house, prompted a call to the federal inspection, which halted the work until the deficiencies were rectified.

A sign with the names of the investor and contractor is then displayed, but the problems caused by the construction works continue to escalate. On the neighbouring house, visible cracks appear in the wall facing the construction site.

A large hole filled with water, which lacks proper drainage, could potentially cause damage to the foundations and lead to the collapse of the house, according to expert estimates.

The above photos are dated November 3, 2024, when construction on the site was again "paused." The owner of the neighbouring house, who had previously rejected offers to sell her property, requested access to the documentation from the Federal Ministry of Spatial Planning a few days later. She concludes that there is no current construction permit, as the previous one had expired.

In early December, the Federal Urban Planning and Environmental Inspectorate issues another statement. Without providing a direct answer regarding whether the investor holds a valid construction permit, it merely lists the history of permit issuance up until 2023, directing the affected party to consider legal action or prior contact with the supervisory authority.

The result of the initial contact with those present at the construction site only led to additional problems.

"I called the contractor 'Hadžić Gradnja' asking for the works to stop because the excavators were hitting the wall of my house, and there was a risk of collapse. Soon, the owner of the company arrived, along with a lawyer and a few other unknown men. The lawyer suggested we talk and, as he said, 'We need to get to know each other so you can see we are honest people.' When I replied that the meeting wasn't necessary, but that the work should be done according to the law, he said: 'if you don’t want to do it the easy way, we can do it the hard way.' Considering this statement as a threat, I went to the Prosecutor's Office of Sarajevo Canton to file a report. However, the prosecutor told me this was not an explicit threat because, quoting her, it wasn’t said that they would kill or slaughter me,” she recalls for Žurnal.

In the transition from last year to this year, the works resumed, as evidenced by the photographs we took in early January. The cantonal inspection responded by issuing a ban on further construction. However, the workers returned to continue the work, prompting the inspection to act again.

WHO IS THE INVESTOR?

The original owners of the urban planning permit for the construction of the student accommodation building, and thus the investors, were Rešad and Senad Trbović. The investment was later taken over by Ago Delibašić. Žurnal attempted to get in touch with this individual, but several visits to the reported residence address in Zenica did not result in finding anyone at the apartment.

According to the court register, Ago Delibašić is a co-owner of the company “AS Investment,” which is involved in the real estate trade. The company does not have a phone number or any other means of contact. There is no sign of its existence at the reported address. Users of the building claim they are unfamiliar with both the company name and the names of its co-owners.

This is unusual for a company with a founding capital of 1.35 million KM, as it is also unusual for the revenue to remain the same for years, around 47,000 KM.

The same three co-owners can be found in the register of French companies, involved in the same business activity, dealing with real estate.

Ago Delibašić has also registered in the company register in Croatia, where he is a co-founder of the company Figarola, alongside another Bosnian citizen, Enver Malagić, the owner of the Sarajevo-based company Malcom, about whose business activities Žurnal has written. The company was awarded contracts worth 13.5 million KM excluding VAT by Elektroprivreda BiH (Electric Utility BiH) in just four working days, from December 22 to 27, 2022. Cables, transformers, and poles were all negotiated through a bidding process. Federal auditors have long pointed out the existence of a "secret connection" between Elektroprivreda BiH and the owner Malagić, one of many tycoons who emerged under the protection of the SDA party.

MULTIPLE ISSUES

Žurnal’s source mentions that there were problems with a neighbouring construction site, which belongs to Armaganuša Street but borders the aforementioned construction site and her house from the upper side. Unlike her neighbours, in 2020 she did not receive an invitation from the Centar Municipality to comment on the conceptual design for a building project on the land of the investor "Swis Real Estate" from Tešanj, which in the meantime obtained urban planning and building permits. It turned out that the invitation was not delivered to her address. It took nearly three years for the court to rule on her lawsuit against the Cantonal Ministry of Spatial Planning, which was upheld. The investors contacted her after the lawsuit was filed.

 "I stated that I have no objection to the construction, but that an environmental protection report must be done for the surrounding buildings, primarily my property, because these are old buildings under the protection of the Commission for the Protection of National Monuments of Bosnia and Herzegovina, and any improper construction nearby could cause serious damage and collapses. I was offered an apartment in the Kromolj neighbourhood if I withdrew my lawsuit. I declined the offer, explaining that this was not about extortion, but about the necessary legal procedures to protect my property. The second offer was renovating my house. I could see the conversation was heading in a direction I didn’t want, so I rejected that offer as well and left the meeting. In August 2024, the existing building on Armaganuša Street was demolished, causing serious damage to my house. I do not know whether there is approval for the demolition or valid construction permits, as I have mentally and physically exhausted myself from the fight for justice and my rights to protect my property and life," says our source.

We have not published her identity, as it is of the least importance. The story is summarised as much as possible. It concerns years of gathering dozens of documents, lawsuits, complaints, and reports to relevant institutions, requesting that all permits be issued in accordance with regulations. The Centar Municipality, the Cantonal Ministry of Spatial Planning, Construction and Environmental Protection of Sarajevo Canton, the Federal Ministry of Spatial Planning, the Federal Administration for Inspection Affairs, the Cantonal Administration for Inspection Affairs CS, the Cantonal Court of Sarajevo, the Federal Police Administration, the Prosecutor’s Office of CS, and the Prosecutor’s Office of BiH are among the institutions she had to approach for both legal and physical protection—protection an individual should never have to seek in such cases.

(zurnal.info)