Cadastre Instruction/Requests for services will be processed within 21 days, details of the procedure

2025-06-06 08:41:00, Aktualitet CNA

Cadastre Instruction/Requests for services will be processed within 21 days,

The instruction of the State Cadastre Agency on the procedures and deadlines that will be applied for handling requests for cadastral services comes into force.

Published in the Official Gazette, the instruction "On the approval of the model of the request for cadastral services and the standard procedures for operations with the electronic register of requests", stipulates that requests for cadastral services submitted to the State Cadastre Agency, submitted in accordance with the relevant rules and documentation, are processed within a maximum period of 21 calendar days, as provided for by Law No. 111/2018 "On the Cadastre" and the relevant decisions of the Steering Council of the State Cadastre Agency.

According to the Instruction, the request for cadastral services is submitted by the property owner, which includes data on the immovable property, data on the accompanying documentation, a list of services, etc.

The instruction also stipulates that the request is automatically forwarded for processing to the relevant structures, after full payment of fees. In cases where requests and accompanying documents are submitted through the postal service, the deadlines begin to be calculated from the moment the documentation is officially administered at the protocol office of the ASHK.

For applications submitted electronically, entities are required to send the original documentation by mail within 10 days of submitting the request and making the payment. In the absence of this documentation, the procedures cannot continue without official confirmation of their receipt by the ASHK.

Data operators at the local offices of the ASHK are responsible for verifying, scanning and uploading documentation to the electronic system, as well as for their digital signature, ensuring the continuation of the procedure by the relevant legal and technical structures.

Meanwhile, for state institutions designated by the Council of Ministers' decision no. 389, dated 13.5.2020, requests are handled free of charge and are immediately processed.

Instruction:

MODEL AND CONTENT OF THE REQUEST FOR CADASTRAL SERVICES

The request for cadastral services is submitted by the owner of the property, the holders of real rights and natural or legal persons who have a legitimate interest in the property, according to the provisions of Article 4 of Law No. 111/2018, “On the Cadastre”, or their authorized representatives, as well as the notary in compliance with the letter “k”, point 1, article 63, of Law No. 110/2018, “On the Notary”. 2. The model of the request for cadastral services is according to Annex 1 which is an integral part and attached to this instruction. 3. The request for cadastral services contains the following sections: a) the request data including: i. request number; ii. date of submission of the request; iii. deadline for completion of the request (x days from the day after confirmation of payment); iv. the local directorate/office of the ASA to which the request for service is addressed; v. information from which the request/application comes (eAlbania/Nisa/ASHK for institutions); b) data of the subject requesting cadastral services, including: i. the possibility of applying by the subject himself or by an authorized representative; ii. nationality and personal/unique identification number (ID/NUIS) of the requesting subject; iii. type and number of the identification document; iv. address of the subject and contact number; v. number and date of the representation document, in the case when the request for services is submitted by an authorized representative; c) data of the property for which the cadastral service is requested, which are the cadastral zone, property number, unique code (Zk-Volum-Page), municipality and address of the immovable property; d) data of the documentation accompanying the request for cadastral services; e) list of requested services, fees and deadlines for the provision of services, including: name, service code and quantity requested; value of service fee, total value of fees and, where applicable, fines for delay (delay interest) in registration; iii. deadline for providing the requested cadastral service.

Requests for cadastral services are sorted in the electronic system by date of submission and listed for processing in the system, according to the principle of the earliest appearance of requests that are within the deadline, as well as those that have the shortest deadline for processing.

STANDARD PROCEDURES IN THE ELECTRONIC CADASTRAL REGISTRY SYSTEM FOR PROCESSING SERVICE REQUESTS

By submitting a request for cadastral services, through the e-Albania government portal, or electronic systems registered as a state database, the subject selects the local directorate/office of the Albanian Land Registry Agency in whose territory the property is located, selects whether to submit the request in person or through an authorized representative, and completes the following: a) the “Request details” section; b) the “Data of the entity requesting cadastral services” section; c) the “Property details” section; d) the “Accompanying documentation” section, in which it lists the data of the documentation accompanying the request, and simultaneously uploads it electronically; e) the “Services, fees and deadlines” section, selecting the services it requests, according to the list approved by decision no. 389, dated 13.5.2020, of the Council of Ministers, “On the approval of the list of cadastral fees and services”, as amended.

The request for cadastral services is automatically registered in the electronic system of the cadastral registry, upon submission by the requesting entity, and the latter is provided with a unique reference number, which serves to track the request and record the stage of its processing.

Upon automatic registration in the electronic system of the request, it is processed by the local directorate/office of the ASA, which acts as follows: a) immediately sends, through the electronic system, to the requesting entity, the “Invoice for cadastral services”, in the case of requests for which no tax/tax on the transfer of ownership rights is applied; b) performs the calculations of the tax on the transfer of ownership/tax on the transfer of ownership rights through the authorized employee and after confirmation by the person responsible for finance, the “Invoice for cadastral services” is sent to the requesting entity, through the electronic system, within 2 (two) working days from the registration of the request. The model of the invoice for cadastral services is according to Annex 2, which is attached and is an integral part of this instruction.

After the procedure for calculating financial obligations according to point 3 of this chapter, the request, together with the invoice for cadastral services, appears in the applicant's account, on the eAlbania government portal, or the electronic system registered as a state database.

The requesting entity must settle the financial obligations according to the invoice for cadastral services, within 30 calendar days from the moment of sending it by the ASA through the electronic system. In any case, the employee of the ASA local directorate/office confirms the payment in the multifunctional system within 24 hours from the transmission of information from the bank on the payment made by the entity. For payments made at the end of the 30-day period, the State Cadastral Agency waits 7 (seven) calendar days for confirmation whether the financial obligations have been settled by the entity within the period. In the event of exceeding this period, if the entity has not settled the financial obligations within the 30-day period, it is notified through the electronic system with an automatic message, for the non-provision of the service.

STANDARD PROCEDURES IN THE ELECTRONIC CADASTRAL REGISTRY SYSTEM FOR PROCESSING SERVICE REQUESTS

The request for cadastral services, submitted regularly, is processed in accordance with the deadlines provided for in decision no. 15, dated 30.9.2020, of the Steering Council of the State Cadastre Agency “On the approval of the list of cadastral services that can be provided in an accelerated manner, differentiated tariffs and processing deadlines” and in any case no later than 21 calendar days, as defined in article 29, point 3, of law 111/2018, “On the cadastre”.

In cases of cadastral services for which the accompanying documentation is sent by the subject through the postal service, the calculation of the deadlines for receiving these services begins from the moment of official administration of this documentation at the protocol office in the local directorate/office of the ASA.

By sending the request and documentation electronically and paying the fees according to the deadlines, the entities are obliged to forward via postal service within 10 days from submitting the request through the system, the original documentation.

Upon confirmation of the full settlement of financial obligations automatically or manually by the authorized employee of the local directorate of the ASHK, the request for cadastral services completed according to point 1 is automatically transferred through the electronic system for processing to the cadastral services structure. The exception is the cases of requests that are offered to state institutions with post-payment, according to decision no. 389, dated 13.5.2020, of the Council of Ministers, “On the approval of the list and cadastral services”, as amended, which are transferred directly for processing to the directorate, where they are withdrawn by the relevant user for further processing.

The processing of requests for cadastral services by the cadastral services structure in the local directorate/office of the ASA, in the electronic cadastral registry system, is carried out as follows:

a) The property data operator withdraws the request for cadastral service from the “Application List Page” for processing, to continue scanning the technical-legal documentation of the property subject to the request, where applicable, (if the previous documentation of origin and transactions has not been scanned) and uploading it to the electronic system. It also scans the original technical-legal documentation sent via postal service by the entity, made available by the protocol-archive sector of the local directorate of the ASHK, when it does not result in such uploaded to the system by the applicant entity. After scanning this documentation, it continues with its electronic forwarding for further processing to the other user. The data operator electronically signs all the documents that it uploads to the archive and forwards it electronically to the lawyer. In cases where the documentation of the property subject to the request is digitized, the operator verifies it and if it finds that all the documentation is digitized, signs it and forwards the request electronically to the other user for further processing. For cases of cadastral services that require technical-legal documentation deposited by the subject through the postal service, the operator at the end of each working day coordinates with the protocol sector for confirmation of the official administration of this documentation at the local directorate/office of the ASHK. For requests sent electronically with documentation as an electronic copy, for which the documentation has not been officially administered through the postal service, the data operator waits 10 days from the moment of payment, and if the forwarding of the original documentation through the postal service is not confirmed by the protocol sector, the request is forwarded for further processing in the next step.

Exceptionally, in cases of requests forwarded through the "NISA" system, upon sending the request, notarial documentation and any other document signed electronically by the notary, each in PDF format and upon payment according to the deadlines, the operator does not wait for the 10-day deadline, but forwards the request to another user for processing, in accordance with the provisions of the Council of Ministers' decision no. 864, dated 27.12.2022, "On the approval of the rules for the procedure for handling requests for cadastral services" and the Agreement between the State Cadastre Agency and the National Chamber of Notaries.

b) The lawyer withdraws the request for cadastral service from the “Application List Page” for processing and verifies the legitimacy of the applicant, and the legal documentation necessary for the provision of the service, made available by the applicant. He also verifies the chronological correspondence of the last action to be carried out in the register with the legal status of the property at the time the action is carried out. The lawyer may electronically return the request to the property data operator if there are deficiencies in the archive documentation uploaded by him. When he determines that the legal criteria for the provision of the requested service are met, he signs the relevant cadastral act and forwards it electronically for further processing as appropriate to the cartographer, who is the user of the database below, or to the director when there is no service for actions on the cadastral map.

c) The cartographer withdraws the request for cadastral service from the “Application List Page” for processing and verifies the cartographic documentation deposited by the requesting entity and that administered in the cadastral register for the property subject to the request. The cartographer may electronically return the request to the lawyer if there is a lack of information, or the request has not been processed properly by the lawyer, making the relevant substantiated notes. The cartographer, depending on the cadastral service requested by the entity, works on the cadastral map of the property/s subject to the request. When he/she determines that the legal criteria for providing the requested service are met, he/she electronically signs the cadastral act and forwards it electronically for further processing to the director.

d) The director of the department monitors the progress of the work process of each user, the verification of the technical-legal documentation, the verification and control of the actions performed by the lawyer and cartographer, the respect of the legal deadlines for the processing of requests and the progress of the work in the relevant local department. After the electronic transmission by the lawyer and cartographer of the relevant cadastral acts, the director legally approves or rejects the actions performed by other users according to the functionalities that appear in the access interface of this user.

The Director electronically checks and signs all generated/uploaded documents as appropriate: i. the cadastral act for which the service has been requested, in accordance with Law No. 111/2018, “On Cadastre” and Decision No. 782, dated 7.10.2020, of the Council of Ministers, “On the approval of models of cadastral acts and data contained in the cadastral map”, as amended. ii. the request for completion of legally substantiated and legally based documentation, when the legal documentation necessary for the provision of the service has not been submitted in full by the requesting entity.

In this case, the review of the documentation after completion within the legal deadline will be handled by the same lawyer/cartographer who reviewed the initial request for the relevant cadastral service. The lawyer/cartographer who will handle the request after the documentation has been completed has the right to view the previous progress of the returned request for documentation completion. iii. the administrative act of refusal of service, when the subject does not submit within 30 days, the legal documentation necessary for the provision of the service, according to the provisions of Law No. 111/2018, “On the Cadastre” and the provisions of point 26, of Decision No. 782, dated 7.10.2020, of the Council of Ministers “On the approval of models of cadastral acts and data contained in the cadastral map”, as amended.

The model of the act of refusal of service is according to Annex 3, which is attached and is an integral part of this instruction. e) Cadastral acts according to letter “d”, point 8 of this instruction, are checked by the director of the directorate, who, as the case may be; i. when he finds that the acts deposited for registration are in accordance with the law, the cadastral act signed electronically and with the relevant digital seal is forwarded through the electronic system of the cadastral register, to the address of the requesting subject in the government portal e-Albania/the electronic system registered as a state database; ii. electronically returns the act to the lawyer/cartographer for re-editing, if he finds legal and cartographic problems. The return of the act for re-editing becomes possible only after the notes are made in the relevant column in the system, which must be legally substantiated.

All users cited in point 8 of this instruction, when handling various requests, in terms of respecting the deadline for handling these requests, must also take into account the time that other users need to handle the respective request within the legal deadlines approved for each service.

The head of the cadastral services sector has a supervisory role in the system over the administrative activity for the progress of handling requests for cadastral services within the legal deadlines, from users of letters “a”, “b” and “c”, of point 8 of this instruction. In case of failure to handle requests for cadastral services within the legal deadlines, he electronically notifies the aforementioned users to take measures for the immediate continuation of the handling of these requests.

After the completion of the processing of the request for cadastral services through its approval, in cases where the relevant cadastral service is also accompanied by the transmission of technical and legal documentation via postal service by the interested entity, its verification is carried out and the documentation is forwarded by the data operator to the physical archive with the relevant inventory, also obtaining the relevant archival reference. The documentation must be stored both in the digital archive and in the manual one as a historical record for the property.

In the case of cadastral services that are automatically generated from the state cadastral database, the request for cadastral services does not go through the steps described in point 8 of this instruction, as the cadastral act is automatically generated with an electronic seal, with the note "This document has been generated and sealed through an electronic procedure by an automatic system (State Cadastral Agency)" and has the same legal value and evidentiary power as any other official document.

The General Directorate of the State Cadastre Agency monitors the progress of the activity for cadastral services of the local directorates/offices of the State Cadastre Agency. 14. The local directorates/offices of the State Cadastre Agency and the General Directorate are responsible for the implementation of this instruction. This instruction enters into force after its publication in the Official Gazette./ Monitor Magazine

Cadastre Instruction/Requests for services will be processed within 21 days,