TIRANA, July 22 /ATA/ The Council of Ministers approved amendments and additions to the decision on the criteria for valuing state-owned property undergoing privatisation or transformation, as well as the procedures for its sale.
The decision provides that the process will cover all state-owned real estate and movable assets, including special facilities, fixed assets and working capital of state enterprises, as well as assets removed from the capital of commercial companies that meet the requirements for privatisation.
The State Property Valuation Commission is established by the minister responsible for the Economy and consists of three members: a representative of the structure responsible for privatisation, a licensed valuation expert, and a representative of the enterprise or institution under whose administration or ownership the state property is held.
Depending on the needs of the process, the minister responsible for the Economy may order the participation of an auditor or other licensed experts in the commission.
The valuation of assets is carried out by the valuation commission in accordance with their real market value and in line with the applicable legislation. The commission is responsible for the assessment conducted, as well as for the documents prepared and signed by its members.
If the price of the land is not included in the official price map, the value of the state property will be determined based on market value. The responsibility for establishing the property’s value and choosing the appropriate valuation methodology lies with the licensed valuation expert.
The decision also requires that, before launching the auction procedure, information must first be obtained from the Property Treatment Agency regarding any decisions on the handling of state-owned property. Only after this step can the auction process move forward.
For landowners, the notice will be published on the official website of the ministry responsible for the economy, at the premises of the state-owned property and in the Official Bulletin of Public Notices for a period of 20 days.
If former landowners fail to submit the required documentation, a second notice will be issued, setting a new 15-day deadline for the submission of the legal documents. If the documentation is still not provided within this period, the state property will proceed to sale through auction.
If the sale of the building together with the land is completed, the value of the land, as determined according to the valuation map, is transferred directly to the former landowner.
For construction assets that have been offered for auction at least three times within a 12-month period without attracting any purchase interest, the ministry responsible for the economy will forward the documentation to the Property Treatment Agency for use as part of the physical compensation fund.
After the full payment of the state property’s value, the head of the structure responsible for the sale of state-owned property signs the sales contract with the private buyers.
The decision also stipulates that, if documentation is missing from the privatisation file of state-owned properties, the structure responsible for the sale of state property has the right to request information and documents from the State Cadastre Agency, the General Directorate of Archives or the Local State Archives.
The amendments also introduce rules for cases involving leases or emphyteusis agreements, including provisions on investments, pre-emption rights and obligations arising from the respective contracts.
For construction assets offered for auction at least three times within a 12-month period without attracting purchase interest, the documentation will be submitted to the Property Treatment Agency to be used as part of the physical compensation fund.
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