1.
Are you looking for an updated map of your
property? You can use the Application for issuing a copy of the property card /
Application for issuing a copy of the fragment of the cadastral map
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9462
or
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9461
* According to the e-Albania platform, whichever of the
above two services is selected, it will automatically oblige you to receive an
updated copy of both the map and the card of your property.
** This service requires 15 working days, in case your
property is digitized. Through the notary, you can receive it as a service
within 48 hours from the application, but the fee will be doubled..
2.
Are you the beneficiary of an inheritance and
you need to register the proof of inheritance? You can use the Application for
registration of inheritance deed service
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9467
* In the "services" section, add the services
ASHK_L1 (Property certificate issuance), ASHK_I4 (Issuing a copy of the
cadastral map fragment) and ASHK_I5 (Property card copy issuance). After paying
for the service, together with the original copy of the agreement you are
registering, send it by mail to the address of the relevant ASHK;
** Please be aware that when submitting your application,
you must specify the total number of units you’re benefiting from. For example,
if you’ve reserved 1 apartment and 2 garages, the service amount should be
indicated as 3.
3.
Are you the beneficiary of a Servitude? If you
want to register a servitude relationship or delete the registration for a
servitude which has now expired, then you need the Service Application for
registration / change / cancellation of servitude
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9454
* In the "services" section, add the services
ASHK_I4 (Issuing a copy of the fragment of the cadastral map) and ASHK_I5
(Issuing a copy of the property card). After making the payment for the
service, together with the original copy of the agreement you are registering,
send it by post to the address of the relevant ASHK;
4.
Do you need a property revaluation? Then you can
apply through e-Albania for the property revaluation service
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=13598
* In
order to reassess the property, it is necessary to open the procedures with a
special Decision of the Council of Ministers (VKM). The application for
re-evaluation is made within this period, and Alicante has the right to choose
to have the process carried out by an ASHK appraiser or a licensed private
re-appraiser. You can find the official list of licensed private persons at the
link: https://www.infrastruktura.gov.al/regjistrat/
5.
Do you
want to perform a notarial deed but you don't know the fees and prices that
these acts will have in the notary offices? Then, you can consult the
ministry's guidance in advance:
https://qbz.gov.al/eli/udhezim/2020/10/20/22/ef3a8f48-2021-476e-96fa-5eb42a249a58
Do you need to know what services the State
Cadastre Agency (ASHK) offers and the corresponding fees? You can go directly
to the institution's official website where the list is posted
https://www.ashk.gov.al/sherbime-2/
and
https://www.ashk.gov.al/kodet-e-aplikimit/
*Some
services are offered with reduced time (FAST services), and the fee value is 2
(two) times the normal value of the service. These services are offered only by
notaries and consist of the following:
1.
ASHK_KP1_PP- PP- Registration
of the sale contract
2.
ASHK_KP2_PP- PP- Registration
of the donation contract
3.
ASHK_KP3_PP- PP- Registration
of relinquishment of ownership
4.
ASHK_I4_PP- PP- Issue of a
copy of the fragment of the cadastral map
5.
ASHK_I5_PP- PP- Issue of a
copy of the property card
6.
ASHK_B13_PP- PP- Registration
of other mortgage contracts
7.
ASHK_B21_PP- PP- Registration
of mortgage transfer
8.
ASHK_B14_PP- PP- Registration
of legal mortgage
9.
ASHK_L1_PP- PP- Issue of
ownership certificates
10. ASHK_B4_PP-
PP- Registration of the claim
11. ASHK_B9_PP-
PP- Registration of power of attorney
12. ASHK_B3_PP-
PP- Registration of the court decision for the establishment of the
insurance measure of the lawsuit
13. ASHK_B24_PP-
PP- Registration of seizure on property
14. ASHK_P1_PP-
PP- Reflection of marital co-ownership in previous registrations
15. ASHK_B5_PP-
PP- Registration of the notarial deed for the suspension of registration
actions
16. ASHK_B8_PP-
PP- Registration of the right of pre-emption
17. ASHK_B27_PP-
PP- Registration of the suspension of the execution of the final court
decision
18. ASHK_B10_PP-
PP- Registration of the mortgage contract to guarantee the loan granted
by the bank or other lending institution, for loans with a value of up to ALL
1,000,000
19. ASHK_B11_PP-
PP- Registration of the mortgage contract for guaranteeing the loan
granted by the bank or other lending institution, for loans with a value of
1,000,000 - 10,000,000 ALL
20. ASHK_B12_PP-
PP- Registration of the mortgage contract to guarantee the loan granted
by the bank or other lending institution, for loans with a value of over
10,000,000 ALL
21. ASHK_B18_PP-
PP- Registration of judicial mortgage - to guarantee the value of the
obligation, determined in the final court decision, up to ALL 1,000,000
22. ASHK_B19_PP-
PP- Registration of judicial mortgage - to guarantee the value of the
obligation, determined in the final court decision, from 1 000 000 - 10 000 000
ALL
23. ASHK_B20_PP-
PP- Registration of judicial mortgage - to guarantee the value of the
obligation, determined in the final court decision, over ALL 1,000,000
24. ASHK_B7_PP-
PP- Registration of the contract of sale, exchange, or donation, with
reservation/condition of the real estate
This list may be subject to changes and updates that the
institution carries out to improve services.
1.
Purchase of property
Are you a property owner with
agreements concerning adjacent parcels? Or are you a customer who has reserved
an apartment, garage, shop, service unit, or warehouse? If you need to register
an agreement you’ve made with the construction company, consider using the
Application service for notarial acts related to property developers and
landowners, or third parties.
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9443
* In the "services" section, add the services
ASHK_I4 (Issuing a copy of the fragment of the cadastral map) and ASHK_I5
(Issuing a copy of the property card). After paying for the service, together
with the original copy of the agreement you are registering, send it by mail to
the address of the relevant ASHK;
** Please be aware that when submitting your application,
you must specify the total number of units you’re benefiting from. For example,
if you’ve reserved 1 apartment and 2 garages, the service amount should be
indicated as 3.
2.
If you’ve purchased real estate, received it as
a gift, or made a reservation or conditional purchase, consider using the
Application service for registering contracts related to sale, exchange, or
donation. This will help ensure proper documentation and legal clarity.
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9441
* In the "services" section, add the services
ASHK_L1 (Property certificate issuance), ASHK_I4 (Issuing a copy of the
cadastral map fragment) and ASHK_I5 (Property card copy issuance). After paying
for the service, together with the original copy of the agreement you are
registering, send it by mail to the address of the relevant ASHK;
** Please be aware that when submitting your application,
you must specify the total number of units you’re benefiting from. For example,
if you’ve reserved 1 apartment and 2 garages, the service amount should be
indicated as 3.
3 . The transfer of the right of ownership over real estate,
land (land or agricultural land) and building, is taxed at 15 percent of the
realized capital gain. The individual who transfers the right of ownership over
the real estate, pays the tax before the registration of the deed of transfer
of the property, in accordance with the legal acts and procedures in force. The
transferred real estate is not registered without proving the payment of this
obligation at the local real estate registration offices. For this reason, you may need to consult the
link below for the calculation of the obligation:
4.
Are you a land owner? Or are you looking to buy
one? Consult the Map of Values to see what the minimum land value is,
according to the legislation in force
https://atp.gov.al/harta-e-vleres/
5.
Are you interested in buying or selling real
estate? A store? Garage? Office? Then you need to know the value of your
property according to the legislation in force, as well as to calculate the
property transfer tax
https://qbz.gov.al/eli/vendim/2023/07/26/457/c8448e67-da26-4810-9dc7-64f0732a19f1
A mortgage loan consists of three elements, without which
the loan would not be viable. Each element must receive a value, otherwise the
credit cannot be calculated. These elements are:
• Loan amount
• Interest rate
• Term of the loan
The loan amount refers only to the nominal value; in other
words, the amount of money you want to be credited (borrowed). The interest
rate is the regular cost that the lender charges for the borrowed funds. This
is usually expressed as a percentage of the loan amount, and is calculated on
an annual basis. This has an inevitable impact on the amount of your monthly
installment. In the case when the other two components (Amount and Term of the
loan) remain unchanged, the lower the interest rate, the lower your monthly
installment will be; the higher the interest rate, the higher the installment
will be. The term of the loan means the time it takes to amortize or repay the
loan. This can be expressed in months or years.
The main advantages for buying a house through financing
with a mortgage loan are as follows:
• By taking out a mortgage loan, the borrower applies one of
the basic principles of buying real estate: buying with other people's money.
This eliminates the need to use money (cash) or reserves (deposits), which are
so valuable in emergencies, or for other investment opportunities. Equally
important is the fact that you may not have this money to execute this
transaction.
• By buying your own property you will no longer waste money
on rental costs. Also, you can use the real estate as collateral for a second
loan in the future.
• The mortgage loan can serve to achieve different goals
such as: buying a house, buying a shop, building a house, building a summer
house, renovating your house, etc.
• The real estate can be used as a second residence or you
can rent it out, the income with which you can repay the monthly loan
installments.
• Compared to other ways of borrowing, Mortgage Loan is cost
effective. Mortgage Loan interest rates tend to be lower compared to other ways
of borrowing, because the loan is secured through real estate.
However, taking out a mortgage loan also has disadvantages:
• There is a risk of non-payment on time, as a result of
unemployment, illness, or any unforeseeable event, which is not covered by
insurance policies.
• You may face a decrease in the value of your home; as a
result, the price of your home may turn out to be less than what you owe to the
lender.
• The interest rate can fluctuate as long as loans are given
with variable interest rates. If the interest rate increases, the monthly loan
installment will increase.
• In general, the obligation for the mortgage loan is
long-term.
• If you "stretch" your home buying budget, you
may not have enough money to pay for restaurants, vacations, or other
entertainment.
• The housing market fluctuates. The valuation or
depreciation of the property depends on the time when the house was purchased;
whether the house was bought during a boom or a difficult period of the housing
market. The house may not be worth the same as it was at the time of purchase,
leaving the owner with no profit when he plans to sell the house.
CRITERIA
To qualify for a loan you must fit these criteria:
• You are a resident of Albania
• Receive the salary in an institution within Albania
DOCUMENTS NEEDED TO GET A LOAN
The required documents may vary from one Bank to another,
but in general
the following documents are required:
• Recent identification document
• Family certificate
• Documents to prove your income
• For individuals: proof of salary
• For self-employed professionals and legal entities: Legal
documents of their activity, the company (extract of the CCA) and financial
balances
• Certification from the Court, Prosecutor's Office
• Real estate documents that you will provide as a
guarantee: "Certificate
ownership" or "Proof of ownership"
• Document of the object of the loan if it differs from the
real estate, you want
to offer as a guarantee.
Most mortgage loans are set up based on a 20-year repayment
plan, but
can range from 10 to 30 years. Once you determine the
appropriate repayment term, determine the amount you can afford to pay each
month. The shorter the maturity period, the higher the monthly installment will
be, but in absolute value you will pay less interest during the repayment of
the loan.
Interest is basically the price you pay the lending
institution for the usage
of their money. Of course, the lower the interest rate (when
the amount and term
of the loan remained unchanged) the lower the monthly
installments will be. LENDER
compete fiercely in the market, so look for the lowest
interest rates that
you can benefit. Be careful in distinguishing the difference
between the nominal and the real rate
real interest. The nominal rate as often communicated in TV
spots does not include additional costs on the loan (commissions, fees,
insurance premiums, etc.), while the real rate includes all these additional
costs. The real rate allows loan applicants to compare different offers on the
market.
CREDIT INSURANCE
Risk is the event that can lead to unexpected losses. Some
of the main risks that you may face include the risk of damage to the property
purchased with the mortgage loan and the risk of default as a result of loss of
life. In order to reduce uncertainty, banks cooperate with insurance companies,
which insure you against life's unpleasant surprises. Look for the best offers
from different insurers, you don't have to look for a particular insurer as
banks have signed contractual agreements with certified insurance companies
that offer insurance packages for lending purposes. Don't just search for the
best offer (price) but also for the best insurance company. The price is
important but not the main thing, while the good faith and ability of the
insurer to repay the risks covered are much more important.
Property insurance is mandatory under the mortgage loan
contract. If the property you bought with borrowed funds is damaged or
destroyed, you will lose the collateral. In other words, the property insurance
policy ensures that even if the property turns into ashes, in any case the
remaining loan amount will be covered by an insurance company.
Mortgage loan protection life insurance is simply insurance
that pays off the mortgage loan in the event of death if the mortgage loan is
not paid in full. The original type of mortgage loan insurance is followed by
the balance of the mortgage loan, when your mortgage loan obligation decreases,
the amount for which you will take out life insurance also decreases.
1.
Have you signed a lease or sublease contract
and want to register it? Then you need to apply the Application service for the
registration of the lease or sublease contract:
https://e-albania.al/eAlbaniaServices/UseService.aspx?service_code=9458
CIVIL CODE OF THE REPUBLIC OF ALBANIA
LEASE
GENERAL PROVISIONS
Article 801
Lease is a contract by which one party (the
lessor) is obliged to give the other party (the lessee) a certain thing,
temporary possession against a certain reward. Article 802
The lessor must: 1. deliver the thing to
the lessee at the appointed time and in a condition that allows the use for
which the parties have agreed; 2. to take care to keep the item in the same
condition; 3. to guarantee quiet enjoyment during the rental period.
Article 803
The lease cannot be concluded for a period
longer than thirty years, unless otherwise provided by law. If it is concluded
for a longer period of time or without a deadline, it is valid only for the
upper term. For buildings used for housing, the lease contract cannot be
concluded for a period longer than five years. For movable items given for
furnishing an immovable item, the term is equal to the duration of the latter's
lease. The rental contract, for a period longer than one year, must be made in
writing.
Article 804
The lessee, who has properly executed the
obligations arising from the contract, has the right to be preferred over other
persons in the event that, at the end of the lease period, a new contract will
be concluded.
Rights and obligations of the lessor
Article 805
The lessor must carry out, during the
period of the lease, all repairs, with the exception of daily maintenance works
which are the responsibility of the lessee. For movable items, the expenses for
storage and for ordinary maintenance are charged to the lessee, unless the
agreement stipulates otherwise. When the leased item needs repairs, which are
not the responsibility of the lessee, he is obliged to notify the lessor. In
case of urgent repairs, the tenant can carry out them directly, against the
reimbursement of expenses, with the conditions to notify the tenant
immediately.
Article 806
If, at the time of delivery, the leased
object is affected by defects that significantly reduce the value of the
contracted use, the lessee may request the termination of the contract, or the
reduction of the rental price, unless he was aware for the defect or it is
easily recognizable. The lessor is obliged to pay the lessee the damages
resulting from the defects of the item, if he does not prove that, without
fault, he was not aware of these defects at the time of delivery. If the vices
of the item pose a great risk to the health of the lessee or his family or
dependents, the lessee may request termination of the contract even if the
vices were known to him.
Article 807
The agreement, which excludes or limits the
liability of the lessor for the vices of the thing, has no effect if the lessor
has hidden them from the lessee in bad faith, or when the vices are such as to
prevent the enjoyment of the thing.
Article 808
The provisions of the above articles are
also applicable in cases of property damage that occurred during the rental.
Article 809
If during the lease the leased item needs
urgent repairs, the lessee must allow them to be carried out. If the item is
not repaired within a reasonable time, the tenant is entitled to a proportional
reduction of the rent.
Article 810
The lessor is obliged to insure the lessee
against disturbances that reduce the value of use and enjoyment of the object,
caused by third parties who claim to have rights over the same object. The
lessor is not obliged to insure the lessee against the concerns of third
parties who do not claim to have rights over the thing. In this case, the
tenant retains the right to file a lawsuit against third parties on his behalf.
Article 811
If the third parties who create
disturbances claim that they have rights over the leased item, the tenant is
obliged to notify the landlord immediately, otherwise he is charged with the
compensation of the damage. If the third parties act in court, the lessor is
obliged to participate in the process, if called.
Rights and obligations of the lessee
Article 812
The lessee must: 1. take delivery of the
item and use it for the purpose provided for in the contract and, when not
provided for, according to the purpose arising from the nature of the item; 2.
to make the payment in the specified terms.
Article 813
The lessee is responsible for the loss and
damage of the item that occur during the rental contract.
Article 814
The lessee must return the item to the
lessor in the same condition that he received it, in accordance with the
description made by the parties in the contract, except for damage or normal
wear and tear from the use of the item in accordance with the contract. In the
absence of a description in the contract, it is assumed that the lessee has
received the item in good condition of use. The lessee is not responsible for
loss or damage caused as a result of age. Movables must be returned to the
place where they were delivered.
Article 815
The lessee who is in delay to return the
item, is obliged to give the lessor the specified payment until delivery, in
addition to the obligation to compensate the corresponding damage.
Article 816
Except as otherwise provided by law, the
lessee is not entitled to compensation for improvements made to the leased
property. But if the lessor has consented, he is obliged to pay a compensation
corresponding to the smaller amount between the amount of expenses and the
value of the useful result at the time of delivery. Where the tenant is not
entitled to compensation, the value of the improvements may compensate for
damages caused by the tenant's gross negligence.
Article 817
The lessee who has made additions to the
rented item has the right to remove them at the end of
rent, when this can be done without
damaging the item, except when the owner agrees to keep the extras himself. IN
in this case, he must pay the tenant a
compensation equal to the smaller amount between the costs and the value of the
additions at the time of redelivery.
If the additions cannot be separated
without damaging the item and constitute an improvement thereof,
the rules provided by article 810 apply.
Article 818
The lessee, except for the contrary
agreement, has the right to sublease the thing he has rented, but he cannot
transfer the contract to another without the consent of the lessor.
For movable items, subletting is done with
the consent of the lessor.
Article 819
The lessor, without prejudice to his rights
against the lessee, may file a counterclaim
the sub-tenant to claim the price of the
sub-rent for which the latter is still a debtor in
the moment of filing the lawsuit and to
compel him to fulfill all other obligations arising from the sublease contract.
Annulment of the lease contract or its termination has an effect on the
sub-lessee, and the decision made between the lessor and the lessee has an
effect on him as well.
Termination of the lease contract
Article 820
The lease with a term determined by the
parties ends with the end of the term, without the need to announce its end.
The lease in which no term is set does not terminate, if before the term
established according to the article
803 of this Code, one of the parties
notifies the other party that it renounces the lease.
Repetition of the lease contract
Article 821
The lease is renewed if, after its term has
expired, the leased item is allowed to be used by the lessee without the
lessor's objection.
The new lease is governed by the same
conditions as the previous one, but its duration is set as per
fixed-term leases.
Relations with third parties
Article 822
The rental contract can be used against the
third party who acquired the leased item, provided that the contract has an
exact date before the item is alienated.
The provisions of the above paragraph do
not apply to the rental of movable items
unregistered in public registers, if the
winner has secured possession in good faith.
The rent of unregistered immovable property
is not against the third beneficiary, except internally
period of 9 years from the beginning of the
lease.
The winner must respect the lease in any
case if he has assumed the obligation to the alienator.
Article 823
If the lease does not have an exact date,
but its retention by the lessee as a date is before the transfer of ownership,
the winner is not obliged to respect the lease, except for the duration that
coincides with that established for indefinite term leases.
Article 824
If the lessee is evicted from the winner,
because the lease contract did not have an exact date before the transfer of
ownership, the lessor is obliged to compensate the damage.
Article 825
The winner is obliged to respect the rental
contract from the day of winning for the rights and obligations derived from
the rental contract.
Property insurance and real estate insurance is an
insurance that almost everyone should carry. None of us is safe in terms of
property insurance and real estate insurance because we cannot predict and
protect ourselves from natural disasters, theft, fires, etc. and all of us are
at risk in this regard.
·
Main types of property insurance
contracts
- Fire and additional risk insurance insures property
against sudden, unforeseen and accidental loss, damage or destruction as a
result of fire, earthquake, flood, lightning, storm, etc.
- Theft insurance guarantees compensation for stolen
items listed in the insurance contract.
- The insurance of agricultural crops provides all types
of crops against hail and natural hazards such as: storm, flood, frost or
tornado.
- Livestock insurance is an insurance contract, through
which livestock is insured against diseases and accidents.
- Business interruption insurance covers expenses as a
result of interruption of business activity due to fire or additional risks,
guaranteeing net profit as well as fixed costs.
·
How to evaluate the adequacy of the
contract offered?
To conclude an insurance contract, you must contact an
insurance intermediary (agent or broker) or an employee of the insurance
company. In this case, you should:
- Ask to be explained the main characteristics of the
contract for the products offered by the insurance company;
- Provide information on your insurance needs;
- To present your financial situation;
- Provide information on the amount of risk you are
willing to take and the goals you want to achieve.
This will allow, together with the insurance broker, to
identify the needs of the individual who wants to be insured in order to ask
the insurance company for the product that best suits these needs.
The insurance company and insurance brokers are obliged
to provide any interested individual before signing the property insurance
contract, all the necessary information regarding the type of insurance. This
information is also available on the company's official website and should be:
- full
- accurate
- clear
- easily accessible
Consult the online pages of insurance companies that
offer property insurance or ask a company employee or broker to get the
information you need. Also, the insurance company receives information from you
by filling out the form to determine the level of risk and the insurance
premium.
• When is the property insurance contract considered
concluded?
The property insurance contract is considered concluded
and produces its effects, when:
- The insurance policy was signed by both parties, and
- The premium or its first installment has been paid,
according to the stipulations in the contract.
Take care to get an original copy of the policy and
verify that the document does not contain corrections. An insurance policy is
the document that proves you have valid property insurance.
• Premium and insurance amount
The insurance amount is defined in the insurance contract
and represents the maximum amount of compensation in case of the occurrence of
the insured event. It is suggested that the property be insured at the full
replacement value of the facility, including the costs necessary to return the
property to its previous condition. If the insured amount significantly exceeds
the insured value then both the insurer and the insured may request a reduction
of the insured amount and the premium paid will be reduced respectively. If
before the occurrence of the insurance event, the insured amount is less than
the insurance value, then the compensation will be multiplied by the
underinsurance coefficient, which is defined as the ratio of the insured amount
to the insurance value.
Premium payment can be made in several forms, depending
on the insurance contract:
- In installments;
- For the entire period.
Premium payment can be made through the banking system
and/or cash. Proof of payment of the premium can be the bank payment document
or the collection mandate issued by the insurance company with the description
of the payment made.
·
Request for compensation
The insured reports the damage and requests
compensation for the losses or damage to the property that he has insured
within the legal term defined in the contract. The procedure for compensation
is done according to the form published on the official website of the
insurance company and is accompanied by at least the following documents:
- Request for compensation completed with details
of the incident;
- Confirmation and/or decision of competent state
bodies on the cause and/or causes of property damage;
- The original insurance policy for the damaged
property, accompanied by the contract and the insurance acceptance
questionnaire;
- Identity card of the applicant for compensation;
- Authorization of representation by the legal
owner, when the applicant is someone else;
- Photos/videos of the damaged property as a whole
and any element claimed for compensation in particular at the scene;
- Certificate of ownership of the damaged object;
- Sketch, project, general plan of the property,
the damaged object, technical booklet of the damaged equipment;
- Detailed list of equipment or objects damaged in
this event;
- Statements from witnesses at the scene;
- Damage assessment act by a licensed assessor;
- Summary report on the incident and damage
assessment.