Housing without land ownership? Privatization procedures - Decision/ Who benefits from the right to state-owned land in use, deadlines
The government has determined the procedures that must be followed for the transfer of ownership of state land for use and the model of the ownership transfer act. In other words, the beneficiaries are those citizens who have built and are using land that is considered state land.
The decision, published in the Official Gazette and now in force, provides that administrative procedures for the transfer of ownership will be carried out by the State Cadastre Agency even when the building is damaged, as long as it is reflected in the cadastral registers.
According to the decision in question, the request for the transfer of ownership is submitted online through the unique government portal “e-Albania”, and the service fee is paid at the time of application. The fee is non-refundable in case of rejection. For requests submitted before the entry into force of the law, for which the procedure has not been completed, the fee payment is not applied. The decision also provides for a 20% reduction in the value for entities that have submitted a request before 1.7.2012 and that make the payment within 30 days of receiving notice of the notification.
Whereas, for privatized building plots, the request is accompanied by documentation that proves ownership of the building and payment of the land tax from 7.6.2010 until the date of application. ASHK verifies ownership, actual possession, state status of the land and payment of obligations. Within 60 days from the filing of the request, archival, legal and factual verifications are carried out, and the surface area on the ground is recorded.
Regarding the privatized buildings as apartments, which have not changed their destination, the transfer of ownership is carried out free of charge. For buildings with a social-economic function, the payment is made according to the price of the land value map. The financial obligation is calculated and notified within 10 days, while the payment must be made within 60 days. Even in cases of buildings erected on the basis of construction permits after 10.8.1991, when the documentation of the land grant is missing, the same procedure is carried out.
Changes in building area minus or plus 5%, but not more than 50 m2, are considered the measurement error rate.
After payment, the local directorate of the ASHK approves or rejects the transfer of ownership within 20 days and notifies the subject within 5 days. The decision is recorded in the cadastral register after the 30-day appeal period has elapsed or after the completion of its review.
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