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Unauthorized facilities confiscated? New rules for purchase/ Minimum selling price is set, payment within 30 days

2024-10-19 12:40:41Biznes SHKRUAR NGA REDAKSIA VOX

Unauthorized facilities confiscated? New rules for purchase/ Minimum selling

The government has determined the detailed rules for the sale with the right of pre-emption of objects confiscated without permission by the decision of the National Council of the Territory.

Referring to the decision which was published in the Official Gazette, the procedure for the sale of confiscated objects begins after the approval by the Commission of Confiscated Objects of the sale program, which, together with the accompanying documentation, is forwarded to the ministry responsible for property administration.

The value of the object is determined by licensed real estate appraisers, appointed by the minister responsible for the administration of state property in the order of assessment of the confiscated object.

Within a period of 30 days, the evaluation experts draw up the final evaluation report, which contains the minimum sales value, and forward it to the ministry responsible for the administration of state property. The sale of confiscated objects is initially offered to the entities that have the right of pre-emption, the owner of the land or third parties. If the subjects do not express interest, the developer/builder has the right of pre-emption.

The structure responsible for the sale of property at the ministry responsible for the administration of state property notifies in writing, about the right of pre-emption, the subjects regarding the exercise of this right. In the case of the land owner and third parties, the right of pre-emption is realized according to the legal-civil agreement drawn up before the notary, registered in the relevant registers at the State Cadastre Agency, before the date of the determination of the illegality of the construction, certified by second level bank receipt.

If third parties do not show interest in the pre-purchase, they are compensated for the value paid. The compensation is paid from the special fund of confiscated objects.

The payment of the object's value is made within 30 days from the written confirmation of the exercise of the right of pre-emption, otherwise the subject loses the right to purchase the confiscated object. In the event that the land owners, third parties or the developer/builder does not exercise the right of pre-emption, the sale of confiscated objects in excess of the building permit will be carried out in accordance with the legal framework for public auction.

The ownership transfer contract is signed before the notary, where for the land owners and third parties, a contract for the transfer of rights and obligations is signed; for the developer/builder and to the buyers according to the auction procedure, a sales contract is signed.


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