1. Good practices regarding Roma housing in Macedonia
National Roma Centrum
Good practices regarding Roma housing in Macedonia
9th CAHROM Meeting

2. The project Legalization of Roma housing in Macedonia is implemented since 2011 in partnership with Habitat for Humanity Macedonia, the Foundation Open Society Macedonia supported by the Urgent Fund and Roma Initiatives Office.

3. Implementation at municipal level

4. „Legalization of Roma housing in Macedonia – 1st Phase“ (August – September 2011)
Project objective : To increase the percentage of submitted claims for legalization of houses owned by Roma in the Republic of Macedonia and informative Campaign for legalization.
Specific goals:
- Increased number of legalization claims in 6 municipalities: Shuto Orizari (Skopje), Kumanovo, Kocani, Prilep, Tetovo and Stip;
- Increased awareness for legalization in 12 municipalities: Cair, Karpos, Kisela Voda, Gazi Baba, Gjorce Petrov, Ilinden, Shuto Orizari, Kumanovo, Kocani, Prilep, Tetovo and Stip. .

5. „Legalization of Roma housing in Macedonia – 1st Phase“ (August – September 2011)
Project outcomes 1st Phase:
(1) 2,586 informed families and finished questionnaires from 12 municipalities in Macedonia (58 Roma field facilitators were engaged);
(2) 1,519 submitted claims and started administrative procedures for legalization in 6 targeted cities for 2nd phase;
(3) Distribution of "Guide Book to Legal House" brochures for legalization procedure in Roma settlements in 12 municipalities .

6. „Legalization of Roma housing in Macedonia – 2nd Phase“ (January 2012-June 2015)
Project objective 2nd Phase : To increase the percentage of legalized houses owned by Roma in the Republic of Macedonia.
Specific goals: Administrative, legal and financial assistance for the legalization process for 1,519 procedures in 6 municipalities: Shuto Orizari, Tetovo, Kumanovo, Kochani, Shtip and Prilep
NRC staff for legalization ( 10 Roma and 3 non Roma)
Project coordinator, 2 assistants, 3 staff members in Resource centers, 7 field facilitators
8 attorneys
Habitat role: loans with Average cost: 200 €, Repayment: 18 months, equal monthly annuitiesInterest rate: 0%, Purpose: to cover the expenses for geodetic reports, administrative fees and the fees for legalization (one Euro per square meter).

7. Starting the procedure and costs
Submitting of a Request for legalization to the authorized Municipality (the municipality on which territory the illegal construction is built) was the first step that leads towards legalization. It was obligatory to respect the deadline for submissions of the requests for legalization which expired on the 3rd of September 2011.
SETTLEMENT FOR LEGALIZATION
Houses = 1 EUR per m2
The settlement can be paid with a delayed payment, i.e. in 12 monthly installments.
Social welfare users do not pay any settlement for determining of a legal status on a illegally built object and do not pay for geodesic elaborate.

8. Necessary Documentation for legalization
Certificate for citizenship or a copy from an ID card, for a domestic physical entity, i.e. a permission for permanent stay for a foreign physical entity;
Evidence for having communal infrastructure and/or bills for public services (power, water, etc) and if the illegal object does not have infrastructure a notarized statement must be submitted in which the applicant is confirming that the illegal construction was built before this law came into force and
A geodesic elaborate that will confirm the actual condition of the illegal object with a property certificate for which geodesic firms might charge (free of charge for social welfare users) Deadline for submission 31st December 2015

9. What about the land in the legalization process
When the applicant is the owner of the land procedure is going to the next level of issuing of urban approval, in other cases:
If the illegal object is built on a land which is not owned by the applicant or the State, i.e. is owned by another person, an approval as notarized statement is needed from the owner of the land
If the illegal object is built on a land registered as property of the State and has other physical persons as registered users, but not the applicant himself, notarized statement from the applicant under penal and material responsibility is needed that he is using the land more than 20 years (most common case)
If a request is submitted for determining of legal status on an illegal object which is built on a land with unresolved property relations because an inheritance procedure was not conducted, legalization will continue after it is resolved

10. WHAT HAPPENS AFTER DELIVERING OF THE CLAIM FOR LEGALIZATION
After receiving of the request, a Commission from the municipality goes on the field and determines the actual condition of the object and location
Records are made for the performed overview of the location on the spot with technical data about the illegal object as well as photos
After receiving of all of the documents and information from the field, the municipality is obliged within one year from receiving of the claim to determine whether the conditions for inclusion of the object in the urban planning are met, after which an urban accordance is issued, and if the conditions are not met, a resolution is brought for denying of the claim for a legal status.

11. STANDARDS FOR LEGALIZATION
The illegal objects or at least one level of the object to represent a built and functional whole, with set windows, set installations and to be usable.
The illegally built object should not be prone to falling down.
The illegal object must have an access road or a possibility to build one.
The intent of the illegal object to be in accordance with the intent of the land on which the object is built, determined in accordance with the valid urban planning documentation, and if this is not the case, a decision from the Council of the authorized municipality is necessary for carrying of urban planning documentation with which the intent will be determined in the future
The illegal object should be built on a land which in accordance with the valid urban planning documentation, construction of a traffic infrastructure is predicted to be built, and with a decision of the Council of the authorized Municipality it is determined that a change will be made for the infrastructure or it will not be predicted in the future.

12. RIGHT TO A DECISION/ COMPLAINT
The municipality is obliged to issue decision for determination of legal status of illegal object one year from submission of the claim (full with all supportive documents). Then the objet is registered in the Cadastre registry and the owner receives property deed.
If the decision is negative – a complaint can be submitted against the decision of the Mayor for rejecting the claim for determination of legal status for a illegal object, within 15 days of receiving to the Ministry of transport and relations. After the finish of the appeal procedure, the applicant for legalization has the right to seek protection from the Administrative Court.

13. OUR WORK IN REALITY
Starting of the procedure with application (each application to be complete must be composed of: application claim with paid administrative tax, copy of citizenship or ID card, copy of water or electricity bill, and geodesic elaborate);
Procedure period (when application claims are in procedure in front of the municipality and the Commission for legalization established in each municipality taking in account all relevant facts regarding land and property issues, urbanistic issues established by the municipality, disposal of property after death, contracts that should be validated at court and etc)
Finalizing of the legalization procedure (Appeal procedure. When the applicant receives decision about application claim for procedure, and if the decision is negative then the case can continue in front of Court for Administrative Disputes)
FOLLOW UP EACH CASE STEP BY STEP

14. LEGALIZATION IN NUMBERS
Municipality
No. claims
Geodesic elaborate
Legal aid
Decisions
Shuto Orizari
552
273
214 95
Tetovo
131 64
100 10
Kumanovo
283
134
208 13
Shtip
157 85 41
Kochani
120
118 83
Prilep
270
160
195
Total
1.513
816
992
327

15. LEGAL AID IN NUMBERS
Municipality
Legal aid counseling
Legal documents
Legal procedures
No. of successful appeals/lawsuits
Shuto Orizari
214 5
Tetovo
100 18 2
Kumanovo
208
140 30
Shtip
157 34 28
Kochani
118 7
Prilep
195
115
Total
992
319 62 10

16. OUR WORK IN REALITY

17. OUR WORK IN REALITY

18. Barriers in legalization procedures
Purpose of the land/urbanization
Property deeds/ unregistered land rights no property deed at all
Migration
Time consuming and complex procedures
Each case needs different legal strategy
The Law for legalization is valid until February 2017

19. What are the benefits from legalization
With legalization of the home people are enabled to:
increase the value of their object and property
sell the object
leave it in inheritance
take out a mortgage and raise a credit
Access to urban planning
Mobilize Roma to access the right to housing
Housing is more than 4 walls and a roof – NRC strategic goal

20. National Roma Centrum
THANK YOU
9th CAHROM Meeting