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The government is preparing the new draft law, this is how the properties blocked by the state will be sold within the framework of the normative act for the confiscation of constructions without permission
Written by Sidorela Braçja 21 Mars 2023
For almost 7 months, the government has started the action to crack down on illegality in construction, which has also led to the confiscation of a large number of buildings, mainly in the capitals. In order to determine the way of management and use of these constructions, the Ministry of Finance and Economy has submitted a draft law for public consultation, which will soon be passed to the government for approval. According to the draft law, the state can sell the confiscated buildings through a public auction, while another part can use them for social housing needs or for public interest. The Commission of Confiscated Objects will be created under the State Cadastre Agency, which will also determine the manner of their administration. The draft law states that the owners of the land have no rights over the part of the building built in excess of the permit, but they can participate in the program for the sale of confiscated objects in the capacity of subjects with the right of pre-emption. The fund that will be created from the confiscated buildings at the end of the budget year will be transferred to a special account in the Bank of Albania. During the year 2022, the National Council of the Territory confiscated 22 constructions carried out in violation of the permit.
What happened ?
In September of this year, the Council of Ministers approved the decision to block constructions without permission, through which building owners must either buy the construction without permission at the market price and legalize it, or donate it to the state, or else it will be confiscated. Until now, only "Ideal Construction shpk" has decided to donate to the state the unauthorized addition of 4646 square meters, which will be used for public interest. Meanwhile, other buildings have also been seized. One on 'Myslym Shyri' street in Tirana, after having built 2700 additional square meters without permission, by the firm 'Arb Trans 2010' with administrator Shyqyri Maloku and former partner until 2018 Arben Maloku, former administrator of Zall Herri. On the other hand, the businessman's 9-story building was also seized.
Some of the decisions of the KKT
1. For the approval of the administrative procedures for changing development/construction permits for facilities that will be owned by the state, for social housing needs or for public interest.
2. For the approval of the administrative procedures for reviewing the documentation of buildings built without permission for profit purposes, which are confiscated for public interest.
3. For the transfer in favor of the state with a contract of promise of sale worth 1 euro, of the construction area in the object: "Multifunctional building "Eyes of Tirana" 6, 8, 9, 13, 18 and 24 floors, with 4 underground floors, Phase I", located in the Municipality of Tirana, with the developer company "Ideal Construction" sh.pk
4. Për konfiskimin për interes publik të objektit: “Hotel 5 dhe 6 kat, me 2 kat nëntokë”, me vendndodhje në RR. “Qamil Guranjaku”, Bashkia Tiranë, me zhvillues shoqërinë “RT MAX” sh.p.k.
5. Për konfiskimin për interes publik të objektit: “Godinë banimi dhe shërbime 1, 2, 3, 4, 5 dhe 6 kat, me 2 dhe 3 kate parkimi nëntokë”, me vendndodhje në RR. “Hiqmet Buzi”, Bashkia Tiranë, me zhvillues shoqëritë “Xheluks Construksion” sh.p.k dhe “Devis Construksion” sh.p.k.
6. Për konfiskimin për interes publik të objektit: “Godinë banimi dhe shërbime 6 kat, me 2 dhe 4 kate parkimi nëntokë”, me vendndodhje në RR. “Hiqmet Buzi”, Bashkia Tiranë, me zhvillues shoqëritë “Xheluks Construksion” sh.p.k dhe “Laxmi Real Estate & Investment” sh.p.k.
7. Për konfiskimin për interes publik të objektit: “Objekt 7 kate, me 2 kate nëntokë”, të ndërtuar pa leje për qëllim fitimi, brenda sheshit të ndërtimit të objektit: “Godinë banimi dhe shërbime 1, 2, 3, 4, 5 dhe 6 kat, me 2 dhe 3 kate parkimi nëntokë”, me vendndodhje në RR. “Hiqmet Buzi”, Bashkia Tiranë, me zhvillues shoqëritë “Xheluks Construksion” sh.p.k dhe “Devis Construksion” sh.p.k.
8. Për konfiskimin për interes publik të objektit: “Kompleks me godina banimi dhe shërbime 4, 5, 6 dhe 7 kat, me 2 kat nëntokë”, me vendndodhje në Rrugën e Elbasanit, Bashkia Tiranë, me zhvillues shoqëritë “Xheluks Construksion” sh.p.k dhe “City Construction INC” sh.p.k.
9. For the confiscation in the public interest of the surface area built without a permit for the purpose of profit, in the building: "5, 7 and 9-floor residential and service building, with 2 underground parking spaces", located on "Kont Urani" Street, Tirana Municipality , with the developer company "Fabri D" sh.pk
10. For the confiscation for public interest of the object: "Residential and service building 4 and 5 - 9 floors, with 2 underground parking", located on the street: "Myslym Shyri", Municipality of Tirana, with the developer company "Arb & Trans - 2010 s.pk