One of the problems born after the post-communist period was privatization and the right to property as private property was fought a lot, being banned by the Constitution of that time. Considering the transition through which private property passed across, it is understood that some of them were returned to the former owners through the Law “On Restitution and Compensation of Property to Former Owners”, while the vast majority was acquired by new owners, but in the territory of the Republic of Albania, there are still “godless” properties, at least de-jure, which have never been registered before.
All those owners who de facto possess previously unregistered properties are advised to carry out their initial registration, in order to give value to the property.
Initial registration means the process, which consists of registering real estate for the first time in the property data register. So, previously unregistered property after this registration has an asset card where all property data are reflected.
The registration is important because the property is recognized, at any time, by third parties, it can be freely disposed as, to be sold, exchanged, donated, legally inherited between generations, re-evaluated, etc. The property registration changes its status from “frozen” (with which no action can be taken) to “active” (which can be used up to the limits set by law.)
In order for the registration to take place, its potential owner must be provided with an ownership title as follows:
1. Contra
ct for the transfer of ownership of immovable property and acts for their voluntary division;
2. Contracts by which property rights are created, recognized, changed or terminated over immovable property, usufruct rights, use and accommodation, emphyteutic and servitude and other real rights;
3. Acts by which property rights are waived.
4. Decisions of the courts by which the quality of the heir is recognized and the inherited property is acquired;
5. Acts by which a company or another subject of law is created that owns real estate or enjoys other real rights over them;
6. Decisions of courts or competent state bodies that respectively contain the acquisition or recognition of ownership over immovable property, division of immovable property or that declare invalid legal actions for the transfer of previously registered property, as well as enforcement acts for seizure of real estate or sale at auction.
* judicial confirmation of the fact of ownership, after 1.11.1994, is not registered.
This application can be applied electronically through the government portal e-Albania, with a service fee from 5000-10000 ALL.
For more detailed information and assistance in the initial registration of assets contact as follow:
Email: info@arsfirm.al
Phone: +355 69 247 6387
Web: www.arsfirm.al
Address: “Kavaja” Street, “Sun Tower” Center 6th Floor, Apt no. 31, Tirana, Albania
