_{FOR BUYING AND SELLING BUILDING SITES}

_{Based on Article 16 of Law No. 7491, date 29.04.1991, "For main constitutional provisions", proposed by the Council of Ministers,}

_{Article 1}

_{A building site is defined as a parcel of land located within boundaries of cities regardless if such land is used for construction, gardens or agriculture, etc., as well as land outside city boundaries that, at the time of buying or selling, is used or will be used for construction, provided that documentation exists which certifies that the transfer of ownership is completed and that the land is not classified as land for agriculture, pasture or meadows, etc.}

_{A building site is defined as an occupied building site when legal investments are made (such as foundations, excavations, utilities installation, drainage, buildings, etc.), the value of which exceeds the price of the building site. An occupied building site includes the land area that is needed for normal operation of the facility that exists or is going to be built, as well as land area, which based on city planning rules, cannot be used by another person (for example land area in front of windows of existing buildings, among other buildings where there is little land surface, etc).}

_{Article 2}

_{Albanian individuals and legal entities have the right to freely buy and sell building sites among themselves without any restriction.}

_{Article 3}

_{Until the physical compensation of former owners will be completed, unoccupied building sites can be transferred from state property to private property only in the following cases:}

_{a) A building site that will be used to construct housing for persons who have been evicted from their houses because the houses will be returned to former owners, as well as to construct for homeless persons by the National Housing Agency or other legal entities;}

_{b) A building site that, with a Council of Ministers decision, is approved for sale for investments that are very important for the country.}

_{Article 4}

_{When a concerned person applies, the transfer of occupied building sites from state property to private property is obligatory in the following cases:}

_{a) The building site is occupied by private facilities or facilities that will be privatised. The transfer is made in favour of owners of these facilities.}

_{b) The building site is used for expansion or reconstruction of a facility by private persons, who enjoy this right based on city planning rules and consistent with the second paragraph of Article 1. The transfer is made in favour of owners of facilities that will be expanded or reconstructed.}

_{c) A building site on which investments have not been completed. The transfer is made in favour of the owner of the uncompleted facility.}

_{ç) In other cases as set forward in a Council of Ministers decision.}

_{All former owners may use their right of physical compensation to pay for building sites in the above mentioned cases.}

_{Article 5}

_{Foreign individuals or legal entities which carry out or have carried out investments in the territory of the Republic of Albania, based on Law No. 7764, date 2.11.1993, "For foreign investments", have the right to buy the state or private building sites on which those investments rest.}

_{Foreign individuals or legal entities have the right to buy building sites after they have completed an investment, in accordance with the construction license, only when the value of the investment has a value not less than three times the value of the building site, according to the definition of the Council of Ministers.}

_{A foreign individual or legal entity must pay rent for using a building site starting from the date on which they are awarded a construction license until the time of transfer of ownership of the building site to the concerned foreign individual or legal entity. The rent is set by the contract in which is stated the purchase price of building site, as well as the deadline when the price is valid. Foreign individuals or legal entities, who have bought or have constructed facilities with a value that exceed three times the price of their building site, have the right to buy the building site of these facilities.}

_{Article 6}

_{Foreign individuals or legal entities may buy, sell, or rent building sites that are state or private property through a contract written according to provisions of the Civil Code and criteria defined in this law. Albanian individuals or legal entities may buy, sell or rent building sites between them with a contract according to provisions of the Civil Code.}

_{Article 7}

_{Building sites which include museums, archaeological sites, historical sites, national parks, flora and fauna reservations, building sites with special environmental values, and those with AAEF military character are not for sale to foreign individuals or legal entities.}

_{Article 8}

_{The Council of Ministers has authority to set the selling price of building sites owned by the state.}

_{The selling price of private building sites are set with an agreement between the parties.}

_{Article 9}

_{The Council of Ministers has authority to set the rent of state building sites that are leased to foreign individuals or legal entities according to article 5 of this law.}

_{Article 10}

_{In Law No. 7512, date 10.08.1991, "For sanctioning and defending private property, free enterprise, private independent activities and privatisation", in the second paragraph of Article 21, changed by Law No. 7653, date 23.12.1992, the following sentence which reads as follows,"In special cases for important investments, the building site may be sold to foreigners with the approval of Parliament", the first paragraph of Article 36 of Law No. 7693, date 6.04.1993, "For city planning", as well as any other provisions that contradicts this law, are repealed.}

_{Article 11}

_{The Council of Ministers is charged to issue sublegal acts to implement this law.}

_{Article 12}

_{This law comes into force 28.07.1995}

_{FOR BUYING AND SELLING AGRICULTURE LAND, MEADOWS AND PASTURES}

_{Based on Article 16 of Law No. 7491, date 29.04.1991 "For main constitutional provisions", proposed by the Council of Ministers,}

_{D E C I D E D :}

_{Article 1}

_{The purpose of this law is the legal arrangement of the transfer of ownership of agricultural land, meadows and pastures through buying and selling.}

_{Agricultural land, meadows and pastures that are state property cannot be sold until former owners are compensated, except in cases defined in this law.}

_{Buying and selling agricultural land, meadows and pastures is made through a contract, prepared according to the Civil Code, for buying and selling.}

_{Article 2}

_{The following terms will be used in this law:}

_{"Transfer" - Transfer of the rights of ownership of agricultural land, meadows and pastures through buying and selling.}

_{"Agricultural land of a family" - Agricultural land that is given in ownership to a family according to provisions of Law No. 7501, date 19.07.1991 "For land".}

_{"Meadows and pastures of a family" - Land that is given in ownership to a family according to Law No. 7917, date 13.04.1995 "For meadows and pastures".}

_{Article 3}

_{Any transfer of ownership of agricultural land, meadows and pastures that is given in ownership according to Law No. 7501, date 19.07.1991 "For land" and Law No. 7917, date 13.04.1995 "For meadows and pastures", but that is not registered according to Law No. 7843, date 13.07.1994 "For registering immovable property", is invalid.}

_{Article 4}

_{When a family wants to transfer ownership of agricultural land, meadows and pastures, the following documents must be submitted to the registrar:}

_{a) An application for registering notarial acts for buying and selling agricultural land, meadows and pastures of the family. The head of the family must sign the application. The head of the family must be registered as the owner in the appropriate certificate of the register of immovable property.}

_{b) A special notarised proxy in which members of the agriculture family, who in the moment of the transfer have the capacity to act and who have been members of the family at the time of taking ownership of the land by the family, certify that they authorise the head of the family to act as a legal representative for the purpose of the transfer of agricultural land, meadows and pastures of the family through the sale.}

_{A possible sale of agricultural land, meadows and pastures must be announced in order that members of the family do not answer within 15 days from the day the announcement was made, they will be treated as if they aware of the land purchase.}

_{Article 5}

_{Provisions of the Civil Code for co-ownership must be applied when one member of an agricultural family wants to sell the portion of agricultural land, meadows or pastures that belong to him.}

_{Article 6}

_{A family or a person who wants to sell his agricultural land, meadow or pasture is required to publish the offer in the village where he lives, respecting the following order of priority among third parties, except in cases established in Article 5 of this law:}

_{1. Adult persons who are direct heirs, brothers and sisters and are born before and after the death of the person who owns the land.}

_{2. Persons who own land that shares boundaries with the parcel of land that will be sold.}

_{3. Former owner.}

_{4. Other inhabitants of the village.}

_{5. Any Albanian citizen.}

_{For each of the categories mentioned above, the owner of a parcel of land nearest to the parcel of land to be sold has the priority to buy the land.}

_{Article 7}

_{A potential buyer must respond to an offer made by the seller within 15 days. In the absence of a response within 15 days, the seller will consider the offer refused.}

_{The first procedure will be repeated for each change in the offer.}

_{Article 8}

_{The office for registering immovable property shall not register the property in the following cases:}

_{a) The priority order of the right buy land, defined by this law, is not applied;}

_{b) The size of the parcel, which will be sold or which remains after the sale, is smaller than the minimum unit of cultivation;}

_{c) Persons buy land who do not the right to buy the land;}

_{d) When the registering office observes one or more violations of the provisions of this law.}

_{Article 9}

_{The Council of Ministers is charged to issue sublegal acts to implement this law.}

_{Article 10}

_{The second paragraph of Article 2 of Law No. 7501, date 19.07.1991 "For land", as well as any other sublegal act that contradicts this law, are repealed.}

_{Article 11}

_{This law comes into force 15 days after publication in Fletorja Zyrtare.}

_{Proclaimed with decree No. 1176, date 4.08.1995 of the President of the Republic of Albania, Sali Berisha.}