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Albania: The date when land certificates began to be issued; the organization that issues them

According to an independent consultant with expertise in land tenure in Albania who has published numerous reports on land issues, "[l]and titles ('kartelas') began to be issued following the implementation of Law No 7843 of July 1994 'On the Registration of Immovable Property'" (4 Sept. 2008). In contrast, an official from the General Consulate of the Republic of Albania in New York stated that land certificates began to be issued after 1990 (11 Sept. 2008). An official from the Organization for Security and Cooperation in Europe (OSCE) Presence in Albania who specializes in property law provided the following information in correspondence with the Research Directorate:

The Government of Albania and the international donor community began to establish a modern, European style land registry in 1993. The process is ongoing. Currently both the World Bank and the European Commission Delegation to Albania are funding projects to carry out the mapping and other activities (first registration) that must be completed for a parcel of land or a building to be entered into Albania's land registry, known as the Immovable Property Registration System (IPRS).

The IPRS is mandated to issue property titles and maintain the land register. The process of first registration must be completed before the IPRS can serve as a fully functioning land registry. Approximately 3 million properties have been included in first registration and there are approx. 900,000 priority properties waiting to be registered.

Part of the confusion over property ownership in Albania is the fact that until the IPRS is fully institutionalised, land titles issued by other agencies continue to be valid. It must be kept in mind that Albania began a massive campaign to privatise state owned property after 1991. Several privatisation agencies issued hundreds of thousands of title documents ... . Additionally, former regimes, including the Ottoman Empire, also issued title documents which create rights in property. Once all these documents are entered into the IPRS, it can then issue a uniform title document for all the properties in the country. Until then, the ownership documents issued by former regimes and the privatisation agencies have legal effect. (OSCE 5 Sept. 2008)

A 2006 report from the World Bank Office in Tirana corroborates that the Immovable Property Registration System (IPRS) was created in 1993 (2006, 11).

With respect to the organization that issues land certificates, the Independent Consultant stated that initially it was the Immovable Property Registration System (IPRS) that issued land titles; however, the Independent Consultant stated that the name of the issuing authority had "recently been changed to the Immovable Property Registration Office" (4 Sept. 2008). In contrast, the Albanian Official stated that "Offices of Civic Records" distribute land certificates in Albania (Albania 11 Sept. 2008). Further information on the organization that issues land certificates could not be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Albania. 11 September 2008. General Consulate of the Republic of Albania, New York. Correspondence from an official.

Independent Consultant. 4 September 2008. Correspondence.

Organization for Security and Cooperation (OSCE) Presence in Albania. 5 September 2008. Correspondence with an official.

World Bank. 2006. World Bank Office, Tirana. Status of Land Reform and Real Property Markets in Albania. <http://siteresources.worldbank.org/INTALBANIA/Resources/Status_ of_Land_Reform_and_Real_Property_Markets_in_Albania.pdf> [Accessed 3 Sept. 2008]

Additional Sources Consulted

Oral sources: Attempts to contact a professor at Sussex University and an official at the European Assistance Mission to the Albanian Justice System (Euralius) were unsuccessful. Officials at the Embassy of Albania in Ottawa and the Embassy of the United States (US) in Tirana were unable to provide information within the time constraints of this Response.

Internet sites, including: Albania Ministry of Interior, ARD Inc., Food and Agriculture Organization of the United Nations (FAO), International Land Coalition, Land Tenure Center, Koha Jonë [Tirana], Shqip [Tirana], Tirana Observer, United States Agency for International Development (USAID).

Topics: Right to property,