From: Alice Taylor
The Property Legalisation Process is Failing Albanian Society

More than 30 years since transitioning from Communism, Albanian families are still finding themselves embroiled in disputes over property that ultimately see them turfed out onto the streets.

Following the fall of the regime, many families were able to move freely and descended upon towns and cities to make a new life for themselves. Over the following decade, Albania passed through a tumultuous time with little in the way of rule of law and stability. In 1997, a number of conflicts around the country coupled with the loss of billions in a ponzi scheme brought the country to the brink of civil war.

During this time, hundreds if not thousands of families built on any land they could. In the absence of proper state regulation and enforcement, this free-for-all occurred throughout Albania. In a bid to provide a way for citizens to legalise their properties, the government introduced a process where those who had ‘grabbed’ properties could bring them in line with the law and own them outright.

But over two decades later, the process is failing many. Hundreds remain passing through the convoluted and painfully slow system. This situation combined with an explosion of new developments and government land-grabs has meant many have found themselves evicted, despite having spent years, and thousands on attempting to legalise their homes.

One such family is the Koci family, who until recently inhabited a small home in Tirana. Their property was once the laundry of a state kindergarten. 

In 1990, Robert and Shpresa Koci got permission from the Director of Kindergarten No.30 and the Mayor of the neighbourhood to repurpose the laundry as a home for them. The rest of the property, excluding the Koci’s residence, was then purchased by a private individual in 1991 who sold it to a prolific developer in 1995. The new owner asked the Koci’s to sell up but they refused and the matter went to court.

After a series of disputes and court dates, the High Court of Albania ruled that the family should leave the property as it legally belonged to the developer. The family disputed the ruling, noting that several of the judges involved in the process have been removed as a part of the vetting process. 

The Koci’s also claim that experts that came to measure the property took incorrect measurements and that some of the maps and other document submitted to the court had discrepancies. In an effort to prove the alleged corruption, Robert Koci filed a complaint in SPAK, demanding they investigate whether the ‘experts’  and judges were involved in corruption. The case is pending.

In June 2020, a bailiff arrived on their property. Their home of 30 years was demolished with their possessions inside. Now, the land where they once lived is being used as an extension of a parking lot with two cars filling the space.

One member of the family told Exit “my parents have lost hope in this country, it’s just a jungle of people looking to swallow as much as they can,” he added.

While the Koci’s may not have a legal claim to the land, they have taken steps to legalise it, spending a large sum on the legalisation process. Unfortunately, the process was interrupted before they could complete it, meaning they had to vacate the property and see their home of several decades destroyed.

But this is a story that is far from isolated. In the suburbs of Tirana, the area of Astir is in the process of being partially levelled to make way for a controversial road-widening project. Hundreds of families, many partway through, or almost completing the government legislations programme were suddenly told they had to leave. The process was frozen and they were informed they had to get out of their homes. No compensation would be paid by the state as they had not yet completed the process.

Hazbie, a 22-year-old girl told Exit that her family had all the necessary papers and had been paying taxes and utilities in line with the law. Despite this, a notice was placed on their door telling them that their house and business would be razed to the ground.

Another individual explained while holding back tears that they had started the legalisation process in 2005 and had spent “thousands” in taxes and fees.

“If our houses are illegal, why did they take thousands of euros in taxes from us? They are happy to take money from us for taxes, but they refuse to abide by their own laws.”

One woman, mother to six children said that she had paid over EUR 2,600 to legalise her home. Then out of the blue, they told her the process was stopping and she would have to get out of her home immediately, with no compensation due.

There are many similar stories all around the Ring Road area of Tirana. Those without documents, or in the legalisation process were thrown out at dawn by special forces brandishing tear gas canisters. They lost their possessions, their homes, and any chance of compensation.

Some may argue that these people should not have built on land that was not theirs in the first place. But that does not take into account the context of the political and social situation at the time. Furthermore, the fact that most took steps at a significant financial cost, to legalise their properties through a state-designed framework, shows that they were willing to be in line with the law.

Of course the same can be said for those who had their property seized by the communist regime and then ‘grabbed’ by others once the regime fell. Many have claims on land that has been developed by others and then legalised, leaving them with little chance of getting it back.

What these stories show are numerous cases where it appears the legalisation process is failing those that go through it. The fact it can be suspended just because someone wants to build there or ignored while demolitions take place is wrong. The system needs to recognise that a case for legalisation is ongoing and at the very least, stop any development until the case is concluded, or provide at least a certain amount of compensation for those living there.

The system at the moment is wide open for abuse leaving Albanian citizens without a home, livelihood, or means to rebuild. It is also failing those who had their property seized by the communist regime, and those who are desperate to be in line with the law.

Meanwhile, the future is uncertain for the Koci family. They had to give up their dogs for rehoming due to being forced into temporary rented accommodation. Their son is considering starting a GoFund me to help them get their lives back on track, but there is only so much that replacement bricks and mortar can heal.