Author: Alfred Zylyftari, Denisa Lazi, Elsa Kotorri
The damage from the earthquake of November 26, 2019 was nothing compared to the ordeal of the events that followed for the Desla Sh.PK building , Lagjja 18, Rruga “Vaso Pasha”, Durrës. This building is one of the most damaged by the Durrës earthquake, the issue of which is still under review today. More than a year has passed, the residents still do not know what will happen to their apartments, which they had only recently purchased. The issue is still under review today, between the company's maneuvers to avoid responsibility from itself and the reluctance of law enforcement agencies to put their finger on whether the real culprit for the damage to the building is the earthquake or the poor quality of the works.
The construction company, Desla Sh.PK ., did not build the building according to the predicted safety parameters, as it only took a 6.4 magnitude earthquake to endanger the lives of the residents, while in the documentation this building was expected to withstand an earthquake of up to 9 magnitude. This company refuses to demolish this building, even though it has irreparable damage, but finds support from responsible state institutions.
From the research conducted and the review of the existing documentation for this building, it results that the company's responsibilities towards this building are: non-compliance with the construction permit, by building one more floor; the building does not have a diaphragm (main column), the elevator cage is not built with concrete and columns, but only with bricks; after the completion of the building, the firm failed to secure the approval certificate from the Municipality of Durrës, without which it cannot be verified if the building meets the safety parameters for living. The paradox in this is the fact that with documentation the construction firm is regular, but the reality is different.
Geotechnics of the building
This building, according to two deed-findings carried out on 01.12.2019 and 10.01.2020 by engineers of the Institute of Construction, has resulted in no structural damage and in the second deed-declaration it is cited that the building has no average structural damage (DS4) .
Why do these two declarations conflict with each other and why did it become necessary to make more than one declaration?! The Institute of Construction has not answered this question and did not make available to us the first act-findings, carried out by them, delegating the competence to the Municipality of Durrës.
However, from the investigations carried out and from the interviews with engineers, who have not agreed to speak publicly, it is claimed that this building has more serious damages related to the supporting structure. In the in-depth report, carried out by the Construction Institute, dated 2020/07/23, it is cited:
“ …the parameters for the concrete construction site are: intensity 9.0 face, category III land… and from the inspections and analyses carried out it results that there are no foundation settlements, which could negatively affect the work of the superstructure. …the foundation meets all geotechnical controls. ”
Based on the architectural project (the municipality did not make the engineering/construction project available, even though it was officially requested) , the elevator cage was planned with the same material as the building's columns (reinforced concrete, as is clearly visible in the following project sketch, first floor.
In fact, the elevator is not built with concrete, nor does it have concrete columns, as seen in the photo below. Meanwhile, the construction firm is justified by the fact that the elevator cage was built according to the project and was followed by the firm's instructor and engineers. According to the engineers contacted by us and from what is seen on the ground, it seems clear that the construction firm has not adhered to the architectural project.
Referring to the same project above, the building does not have a concrete diaphragm and the stairs are connected by brick walls to the floor.
According to engineers, this is an error during the construction or implementation phase of the project. Also, filling the basement with water means that a good geological study of the ground, on which it is built, has not been done.
The in-depth report cites that the geological survey of the land was done in the vicinity of the palace and not exactly at the same place where the palace was built, but a geological survey, specific to the land where the palace was built, is in the official palace file in the Archives Office of the Municipality of Durrës.
This specific study concludes: (pages 21-22)
- The construction site is located in relatively poor geological-engineering conditions.
- Deluvial and marine-lagoon deposits are found in the study area.
- The underground water level during the works was in the range of -1.5 m and stabilized at -0.8 m (at the time of field works in September).
- During the field work, an old well was found in the study area, during the opening of the foundations; to be filled with concrete (in the part under the foundation of the building) and then to build the foundation of the building.
In simple words, the palace is built on a not very stabilized ground with numerous water sources running through it.
Engineers suspect an underground void beneath the foundations and recommend excavations, which have not yet been done or suggested by the engineers of the Institute of Construction. The report, conducted by engineer Dhimitër Papa, which cites the damage to the building and defines it as “moderate”, states: “…the stairs have cracks on the ground floor, first floor and second floor.”
Meanwhile, the stairs are not just cracked, but completely detached from the supporting structure.
What raises doubts is the fact that only photos of cracked stairs and not collapsed or broken stairs are included in the in-depth report.
The beams of the building
In the report of engineer Dhimitër Papa in the same paragraph as above it is written: “…the beams, columns and slabs of the structure do not show any visible damage.” In the photo below it is clear that the beams have visible damage and according to the engineers the part of the beams should be stripped of plaster to check for other damage to the beams. “If this is not done, it is difficult to say whether the building meets the safety parameters,” they say.
The slope of the building
Engineer Dhimitër Papa in the in-depth expert report on page 7, point 5 quotes: “From the examinations and analyses carried out regarding the joint work of the foundation and the footing, it results that there are no foundation failures that could negatively affect the work of the superstructure. The stresses in the foundation are within the limit of allowed stresses. The foundation meets all geotechnical controls.” On page 8, point 9 quotes : “In the current state, the maximum displacements and deformations of the object result above the norms (determined by Eurocode 8)…”
The building has tilted on two sides and has not maintained verticality, as verified and signed by the surveyor. As can be seen in the photo, the view of the facade from the eastern and northern side has a 20 cm and 15 cm declination. According to the engineers, starting from this declination value alone, it is high enough to collapse the building, even without considering its other damages. They state that, with such a decline, the reconstruction of the building requires a specialized workforce and an advanced technology, which Albania does not have. Even if it had, the economic cost of rebuilding would be higher than rebuilding from scratch. So, under these conditions, the reconstruction of this building is impossible.
Legal provisions are forgotten during the act-expertise
The Decision of the Supreme State Audit Office, dated 30/09/2019 , "Ensuring the quality of construction works" for the Construction Institute has highlighted many problems: for unqualified staff, equipment outside the standard/certification or legal aspects that point out the lack of regulation or accountability, etc. From what this decision has determined, the incompetence of the Construction Institute for the in-depth expert report is clearly visible, which, among other things, has not complied with the Decision of the Council of Ministers dated 15/01/2020 , "On the Conduct of the In-Depth Expert Report on Damaged Buildings". Many of the points that an in-depth expert report should contain, as provided for by this VKM, are not included in the expert report of engineer Dhimitër Papa, among which the most important are points 3, 3ci and 3cii (in-depth structural analysis includes geometric and technical updating). The inclusion of these points would specifically determine whether the building in question is for reconstruction or reconstruction. Therefore, the non-inclusion of these points makes this in-depth expert report incomplete from a technical and legal point of view.
The construction permit, which was forgotten
The problems of this building start with the construction permit, given by the former mayor and secretary of KRRT, for 1-8-10 floors above ground and one floor underground. Meanwhile, the palace actually has 11 floors above ground, of which only 10 are legal. Even in the report made by the engineer Dhimitër Papa, there is talk of a building 11 stories above the ground.
Also, this building does not have a building inspection certificate, as it has not been provided with a use permit from the Municipality of Durrës, while the residents possess a certificate of ownership from the Real Estate Registration Office, Durrës. According to sources close to this institution, this building has a documented building inspection certificate, but it was carried out by the private engineer of the construction company. In an official document, issued by the Municipality of Durrës, dated 2020/09/29, it is quoted : “There is no building inspection certificate, as it has not been provided with a use permit from the municipal institution.”
Law No. 8402, amended in 2013, Article 13, provides that in order to issue ownership certificates, among other things, the deposit of the act of approval of the building and the use permit is required, the latter being absent, according to the answer given by the Municipality of Durrës. The Real Estate Registration Office in any case registers the object based on the request of the local government unit. The issuance of ownership certificates for a building with a lack of approval and use permit by the Municipality of Durrës raises doubts about a legal violation on the part of ZRPP. Asked about the situation, ZRPP blames the Municipality of Durrës for confusion in procedures and documentation, without answering the question why this building was registered in the Register of Real Estate without the presence of complete documentation.
Residents and the institutional ordeal
Residents filed a criminal complaint with the Special Prosecutor's Office against Organized Crime and Corruption a year ago. The latter has not accepted to examine this case and has passed it on to the Durrës Prosecutor's Office. Since that time, the prosecutor's office has been carrying out investigations and according to sources at the prosecutor's office, the latter has asked the municipality to suspend the works, in order to carry out a new act-expertise. At the end of the investigation, the prosecution will determine the legal responsibility of the persons or institutions responsible in relation to this matter. Residents also appeared at the prosecutor's office to express their claims and complaints.
In interviews, residents appear outraged and dissatisfied with the Institute of Construction, the Municipality of Durrës and the Ministry of Reconstruction, as they claim that their building has not been treated according to the relevant laws, so these institutions, according to them, have committed violations of the law. Residents also express dissatisfaction with the failure to provide information and the lack of transparency. One of the residents says: “ After many attempts to obtain information officially, we were forced to intervene through friends. After the employee gave me the document, he asked me not to give his name, because they would fire him. ”
Despite all the problems related to this building, the residents say that they are also suffering from psycho-traumatic consequences. They have been waiting for more than a year and a half to get into their homes and at the same time they are horrified by the fact of a house with cracked beams, weak columns, lack of a building diaphragm, too high a slope or even security in this building in case of a second earthquake.
One of the residents says: “I took my little boy in my arms and was going down the stairs in the dark. For a moment my leg felt empty, because there were no more stairs, it had broken, it had fallen one floor below. I don’t know how we got out of there alive.” Another resident says: “To whom do we owe this life? To the Institute of Construction? To Dhimitër Papa? To the Municipality? To whom? To have that man come and say to me: “You owe me your life! ”
Dragging this issue from one institution to another for such a long time has tired the residents, but this will not stop them from demanding their right and help from third parties for the protection of human rights. as they claim that their right to life has been violated.
The residents are awaiting the decision of the Prosecutor's Office and the Court of the Durrës Judicial District and, if they do not receive their rights by court decision, they pledge to address international institutions. They have also made an attempt by addressing the international institution, the United Nations Human Rights , which has responded that it will intervene if the Albanian state does not provide a fair solution to this problem.
Residents are demanding the demolition and rebuilding of this building from scratch, as plastering and painting the structural damage only turns this building into a decorated tomb for more than 250 people, while the construction firm says that 95% of the residents barely they are waiting to enter this building and there are only 4-5 residents, who have made all this mess and demand the demolition of the building. The public institutions have not yet given a final decision on the matter, while the aesthetic repairs of the building continue and the residents have not yet found a solution, more than a year and a half after the fact.
