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Confiscation of unauthorized constructions, draft: How to deal with land owners and buyers

2025-12-20 08:48:00, Aktualitet CNA

Confiscation of unauthorized constructions, draft: How to deal with land owners

The government will auction off illegally constructed real estate, which is seized and confiscated.

A draft released for consultation highlights that the Agency for the Administration of Sequestered and Confiscated Assets will have a broader role by following procedures regarding auctions or the distribution of assets to public institutions and entities according to the needs that arise.

But while the auction will be at the core of the procedure, it seems that the draft also sets out how to proceed with constructions that have special specifications, such as when there are buyers with contracts or how to deal with former owners of the land.

Regarding the former, when the unauthorized construction is a facility where there are assets that have been paid for and are owned by third parties according to an initial agreement that may have been made with the builder, the draft provides that they be treated with legalization and registration.

"Exceptionally, for buildings with violations of the construction permit for which, during the assessment by the implementation unit, it is found that construction works on the structure have been completed and are owned/used by third parties/orderers/beneficiaries of individual units with contracts drawn up before the notary with the investor/developer, they will be considered within the scope of application of point 9, article 69 of Law No. 20/2020 "On the completion of transitional ownership processes in the Republic of Albania".

"For this category of objects, AAPSK requests ASHK to continue legalization procedures according to the relevant legislation," the draft states.

Regarding cases where an unauthorized object is confiscated but the relationship with the former owner of the land remains unresolved, two options are envisaged. When there is a prior agreement that is documented, it is proceeded with in compliance, while in the case where it does not exist, the former owners are expropriated.

“AAPSK receives, registers, inventories and stores confiscated objects until the moment of implementation of one of the forms of development. 2. After taking delivery of the object and after familiarizing with the needs/requests of public institutions or entities, the interests of the land owners and third parties, AAPSK evaluates: a) the destination of the confiscated object/objects or the corresponding parts; b) the amount expressed in percentage of the corresponding parts that derive from the legal relationship with the land owners according to the provisions of this law and the provisions of the contract concluded with the developer/implementer/supervisor/inspector before the finding of illegality in the development only on the part built according to the construction permit; c) the amount of the financial obligation that is recognized for third parties according to the provisions of this law; 3. In cases where there is no agreement with the land owners, expropriation is proceeded with, regarding the entire object built without a permit according to the provisions of the legislation in power", it is stated in Article 19 of the draft./ Monitor