9. Recommendations
9.3. Recommendations on resolving disputes
The most important issue that should be addressed is the establishment of an expedi-tious and independent institution to resolve disputes. Since most of the building dis-putes between government or local government and builders cannot wait for a decision in a lengthy court process, there should be a special institution that deals with build-ing issues. This institution could have a judge specializbuild-ing in administrative or even building issues so that even strictly technical issues could be addressed. In the current situation, it is the inability to efficiently solve minor disputes that leads builders to offer bribes or public officials to demand bribes. An institution for resolving disputes is also important because, only by involving such an institution, will it be possible to detect existing weaknesses in legislation and take steps to correct them.
5
566 K. Sedlenieks. Corruption in the Process of Issuing Building Permits
APPENDIX Various interpretations of the building process
Building: permits, projects, final inspection (Valmiera City Building Council) 5 577
Builder
MY HOUSE – MY CASTLE
2000...
City Council
Building Council Rîgas iela 50,
1st floor Valmiera Valmiera District Building
Council Director City Architect Anita Rumbiña
Tel. 4222713 District Architect
Maiga Krißåne Tel. 4222713 Fax. 4222601 Building Inspector
Ainars Påpe Tel. 4223713
Monday 1 p.m.–5 p.m.
Wednesday 8 a.m.–12 noon
1 p.m.–5 p.m.
Building application Registration
card
Planning and arhitectual
order
Building plan approval
Building Council
Building permit /issued at
Building Council by
building inspector/
Construction work /implementation
of accepted plan/
Final inspection of building
/LBS 301/
Acceptance of building plan
Report on building site
Drafting of building plan
No.
Attestation
Lattelekom Public Health Centre ZET Project
Supervisor
Fire Safety Gas
Department ...
5
588 K. Sedlenieks. Corruption in the Process of Issuing Building Permits Building process (Ministry of Environmental Protection and Regional Development, Building Department)
5 599 Appendix
Acceptance of building plan
GBR
GBR;
local building regulations;
special building regulations
GBR;
local building regulations;
Cabinet of Ministers Recommendation No. 2, Building Council Bylaw Model Cabinet of Ministers
Regulations on Public Hearings (Reg. No. 309)
Building contract
Building supervisor's
attestation Project supervision
contract Attestation of
property ownership or
usufruct
Site supervisor's
attestation Public
hearing
GBR;
LBS 310–97
GBR; LBS 310–97 Building
journal
Preparations for construction
work Inspection of
installations Inspection
of bearing structures
Prelimi-nary plan
Final plan
Inspection Comittee
Construc-tion work
GBR
GBR GBR;
LBS 303–97
GBR;
Cabinet of Ministers Regulations on the State Building Inspectorate Bylaw (Reg. No. 339);
local building regulations
GBR;
LBS 301–97;
Cabinet of Ministers Recommendation No. 2, Building Council Bylaw Model
GBR;
LBS 304–97 GBR;
LBS 303–97
GBR;
LBS 301–97 GBR
GBR Building permit Final inspection
Government or local government building order
Acceptance of preliminary
sketch by building
council
Approval of building
plan by interested
agencies Expert's
report
Building permit application
GBR GBR GBR
Inspections Project supervisor
Building supervisor
6
600 K. Sedlenieks. Corruption in the Process of Issuing Building Permits Building process (Valmiera City Building Council)
6 611 Appendix
Construction approval process (Latvian Development Agency)27 27Source: Self-Assessment Report on Administrative Procedures for Doing Business in Latvia. Latvian Development Agency, Foreign Investment Advisory Service of International Finance Corporation and The World Bank.
14 days 90 days 10 days10 days5 days
20 days
20 daysSubmission of initial application
Receipt of statement of the Construction Board on the initial application listing documents required for designing, including technical regulations and need for public hearings Send written request to all the institutions issuing technical regulations and other documents required for commencement of the Construction Design (list of these in the text)
Receipt of technical regulations Initiate process of public hearing, if required ?Preparation of Sketch Design ??Formal adoption of Technical Design by Construction Board
Submission of Sketch Design to the Construction Board
?Receipt of approval of Sketch Design
Preparation of Technical Design
Submit results of public hearing to Construction Board Submit request for issuance of the planning and architectural task and all the gathered documents to the Construction Board
Receipt of planning and architectural task Submission of Technical Design to institutions that issued technical regulations for their approval Submission of 3 copies of the Technical Design approved by the institutions to the Conctruction Board Submit the documents (listed in the text) required for formal acceptance of the building to the Construction Board Approval of the commission statement by the Construction Board = Formal acceptance of the building
Agreement on the date when the Commission performs on-site inspection On-site inspection and signing of the completion statement Receipt of approvals from all institutions on the compliance of the Technical Design Submit application for Construction Permit
Receipt of Construction PermitConstruction process (If no statutory time is established for a specific administrative procedure, a question mark appears in the scheme.)Send request for opinions on the preparedness of the building
Receipt of opinions from the institutions
REFERENCES Literary references
1. Anderson, J. H. Corruption in Latvia: Survey Evidence. The World Bank (1998).
http://www.politika.lv/index.php?id=100648&lang=lv (last accessed on July 4, 2003).
2. Delna2000. The Face of Corruption in Latvia. Transparency International Latvia (Delna).
http://www.politika.lv/index.php?id=100646&lang=lv (last accessed on April 9, 2003).
3. Goldstock, R., Marcus, M., Thacher, T. D. II, Jacobs, J. 1990. Corruption and Racketeering in the New York City Building Industry. The final report of the New York State Organized Crime Task Force. New York University Press.
4. Cockcroft, A. et al. 2002. “How to Eliminate the Leak in the System: Health Care Sector and Licensing in Latvia.” Research document. http://www.pretkorupcija.lv/studies/
Bx-Latvia-dft1-latvian.doc (last accessed on June 21, 2003).
5. Sedlenieks, K. 2002. “Latvian-Azande Parallel: Corruption as Witchcraft for Latvia During the Transition.” http://www.anthrobase.com/txt/S/Sedlenieks_K_01.htm (last accessed on December 22, 2002).
6. LDA 2003. Self-Assessment Report on Administrative Procedures for Doing Business in Latvia. Latvian Development Agency, Foreign Investment Advisory Service of Interna-tional Finance Corporation and The World Bank. http://www.lda.gov.lv/eng/inner/
aboutagency/fias/ (last accessed on July 4, 2003).
Legislative references
1. Building Law. Law passed on August 10, 1995. In force since September 13, 1995.
Published: Véstnesis No. 131, August 30, 1995. Amended: February 27, 1997 (Véstnesis No. 69/70, March 11, 1997); October 1, 1997 (VéstnesisNo. 274/276, October 21, 1997);
March 7, 2002 (VéstnesisNo. 44, March 20, 2002).
2. Regulations on Public Hearings on Building Projects.Cabinet of Ministers Regulation No. 309, September 2, 1997. Published: VéstnesisNo. 218, September 5, 1997.
6 622
3. Regulations on Registration, Review, Approval, and Authorization of Building Projects in Riga(Provisional Regulations). Passed by the Riga City Council’s Department of City Planning, Riga City Building Council, October 1, 2002.
4. Regulations on Approval and Authorization of Building Projects in Riga. Riga City Council Regulation No. 20 (Prot. No. 54, §46). Passed on November 10, 1998.
5. Regulations on Building Expertise Certificates.Cabinet of Ministers Regulation No. 328, August 31, 1998. Published: Véstnesis No. 252, September 3, 1998.
6. Regulations on Capital and Standard Renovation of Residential Buildings (LBS 401).
Approved by Order No. 76 of the Republic of Latvia Ministry of Architecture and Building, July 5, 1993. Published: DienaSupplement 6, August 6, 1993.
7. Regulations on Final Building Inspection and Acceptance of Work (LBS 301-97).
Cabinet of Ministers Regulation No. 258. July 27, 1997. Published: Véstnesis No. 194, August 1, 1997.
8. General Building Regulations. Cabinet of Ministers Regulation No. 112, April 1, 1997.
Published: VéstnesisNo. 88, April 4, 1997. Amended: Cabinet of Ministers Regulation No. 162, May 2, 2000 (Véstnesis No. 161/163, May 5, 2000); Cabinet of Ministers Regula-tion No. 506, December 11, 2001 (VéstnesisNo. 182, December 14, 2001).
6 633 References