Buildings without permission can be sold to their builders again! The decision is official: Subjects are given the option of pre-purchase at the market price!

The government’s decision on the confiscation of buildings without permission or that have violated building permits has already been published in “Official Journal.” What was first noticed in the decision is the fact that all constructors will have the opportunity to buy back the entire building or extension that is confiscated if the payment is made at the actual market price.

The decision determines that the building or addition will first be transferred as property of the state by a notarial deed, and then it will be pre-purchased by the builder. It is also decided that before the beginning of the confiscation procedure and until the confiscation decision is made by the National Council of Territory, the developer or any entity authorized by him, will be in favor of the state by notarial deed, with a contract that promises to sell the property at 1 euro value with the aim of using it for social needs or the public interest.

In the specific notarial deed, the subject will express agreement to the change in the construction permit, which later will be reviewed by the National Council of Territory. If the request is accepted, the KKT decides to change the construction permit by recognizing the right for administration to the relevant ministry for administration of state properties as co-beneficiary of the new facility, which will be considered an object built under the conditions of the construction permit.

On the other hand, the government’s decision determines that the confiscated buildings can be transferred with the right of pre-purchasing to the builder or any entity authorized by it for a value equal to the market price. These funds that will be secured are going to be used for expropriation, or property compensation in the case of public works. However, the decision of the government determines that the payment of the price on the building and its restoration in excess of the permit does not release the subject from the obligation to pay the fine provided for it by the law “On Planning and Development of the Territory”.

Written by: Lorenc Rabeta – Translated by: Xhenisa Xhangoli/ SCAN

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