Privatization of properties with a 1 euro lease contract - Rules change, how they will be sold to the entities that use them
Properties leased for 1 euro will be able to be privatized by the entities that use them under a contract. The draft law approved by the Council of Ministers determines the procedures and rules that must be followed for the sale of state property leased under “1 euro/contract” contracts. In this case, the conditions are foreseen for when the request for the purchase of a state property leased under a 1 euro contract is applied, as well as the rules that the ministry responsible for the economy will follow for monitoring these contracts.
According to the draft law, "If, from the official information received from the State Cadastral Agency, it results that the object of the lease contract with a fee of 1 euro/contract is not in the cadastral registers, according to the relevant legal and sub-legal acts, the land will be sold by the structure for the sale of public property and the conclusion of the contract is made according to the provisions of the Civil Code, after full payment has been made according to the valuation of the objects, based on the decision of the Review and Transparency Commission."
The Minister responsible for the economy issues the order for the inclusion in the privatization procedure of state property, subject to a lease contract at a rate of 1 euro/contract, with an area of over 500 (five hundred) m2, before the end of the lease contract.”
Article 34, added in the 2014 decision, provides for the conditions that must be met in order for a request to be applied by the lessee of state-owned properties over 500 m2 leased under contracts with a fee of "1 euro/contract".
Specifically, when state property has met the legal criteria and the subject of the contract is only the land, the subject has the right to direct privatization, according to the following procedure:
In this case, the directorate responsible for monitoring contracts, after receiving the approval of the minister, in accordance with the by-laws in force for the initiation of direct privatization procedures, forwards the file to the structure responsible for the sale of public property for the continuation of the procedures. The file must contain: Contracts and annexes to the lease contracts with a fee of 1 euro/contract, accompanied by the cadastral documentation, the master plan and the handover report; Lease monitoring acts; Order of the minister responsible for the economy for the approval of the investment value and the initiation of direct privatization procedures of the state property, the object of the lease contract.
Struktura përgjegjëse për shitjen e pronës publike i drejtohet Agjencisë së Trajtimit Pronave për të marrë konfirmimin nëse ka pronar me vendim të Komisionit të Kthimit të Pronave dhe çmimin e truallit objekt privatizimi. Pas marrjes së konfirmimit nga ATP-ja, ministri përgjegjës për ekonominë emëron ekspertin vlerësues të pasurisë, të licencuar, i cili harton genplanin e pronës, objekt kontrate me tarifë 1 euro/kontrata dhe përcakton vlerën e pronës.
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