How to buy an off-plan apartment in Albania

Start with the company that holds the permit and will sign the contract with you. Ask for its NUIS and look it up in the business register of the National Business Center (QKB): the name, the administrator, when it was founded and whether it is active. A company set up a few months ago for a single project is not necessarily a problem, but it calls for more guarantees.

Ask which buildings the developer has already finished and visit at least one of them. Talk to the residents: were the keys handed over on time, did the owners receive their ownership certificates, and how is the building managed? Also ask for the property record (kartela e pasurisë) of the land plot at ASHK: it shows who owns the land and whether there is a mortgage, a seizure or a court claim on it. If the land belongs to someone else, ask for the contract between the landowner and the developer, because it decides which apartments belong to whom.

On hyrja.al, developers can be business-verified against their NUIS. This confirms that the company exists; it says nothing about the quality or progress of a project.

Sources: QKB business register · Law 111/2018

Under Law No. 107/2014 “On territorial planning and development”, building permits are applied for and issued through the national electronic system e-Leje. Ask the developer for the permit number and date, the approval decision of the municipality (or of the National Territorial Council for large projects) and the approved floor plans. Check in e-Leje, or through your lawyer, that the permit exists and that it matches:

• The address and the property number of the land plot
• The number of floors above and below ground
• The number of units and their use (residential, commercial, parking)
• The validity of the permit and whether works started within it
• The developer's name, the same company that signs your contract

Be very careful if you are offered an apartment on a floor the permit does not cover, or in an “extension” that is expected to be approved later: a unit without a permit cannot get an ownership certificate. Visit the site more than once and compare progress with the schedule you were given.

Sources: Law 107/2014 · e-Leje

In practice, off-plan apartments are sold with a preliminary sale contract or with a construction contract (kontratë sipërmarrjeje, often called a “kontratë porosie”), signed before a notary. The final sale contract is signed later, once the apartment can be registered at ASHK. Have your own lawyer read the draft before you pay the deposit. The contract should state clearly:

• The exact apartment: floor, number, net area and area including shared parts, with the floor plan attached
• The finishes and fittings included, in a technical specification
• The total price, what it includes (for example parking or a storage room) and that it will not change
• The payment schedule, tied to construction stages
• The delivery date and the penalty for every month of delay
• The deadline for the developer to obtain the certificate of use and for you to receive the ownership certificate
• What happens if the project stops or the permit is suspended: how much is refunded and by when
• How disputes are settled and which court has jurisdiction

Do not sign a contract that lets the developer freely change the layout, the area or the deadlines, and do not agree to pay most of the price before the structure is up.

Sources: Civil Code, arts. 72, 83, 193

The main rule: pay for work done, not for promises. The first instalment (the deposit) is usually paid at signing and the rest in stages, for example when the frame is finished, when the walls are closed, when the finishes are complete and when the keys are handed over. If the developer agrees, keep part of the price back until you receive the ownership certificate.

• Always pay by bank transfer to the account of the company that signed the contract, never to a personal account
• Put the contract and apartment number in the payment reference
• Ask for a receipt or invoice for every payment and keep it with the contract
• Before each instalment, check yourself, or through someone you trust, that the stage has really been completed
• If the bank details suddenly change by email or message, confirm them by phone before paying

If you are buying with a mortgage, talk to the bank before you sign. Each bank sets its own conditions for lending on apartments that are not finished yet, and the mortgage can usually only be registered once the apartment is registered. Ask the bank how it handles the period until then.

Not when you sign, and usually not when you get the keys. Once construction is finished, the developer applies online, through the e-Leje system on e-Albania, for the certificate of use (certifikata e përdorimit). The application comes with the testing act (akt kolaudimi), the report of the licensed works supervisor and the acts of the water, electricity and fire protection services. The certificate confirms that the building was built according to the permit and can be used.

Only after that can the building be registered at ASHK and each apartment be transferred to you with the final contract before a notary. ASHK then issues the ownership certificate in your name. If you have a mortgage, the bank's mortgage on the apartment is registered at this point too. The whole process can take several months after the keys are handed over, so put a firm deadline, and a penalty, for registration in the contract as well.

Sources: AZHT, certificate of use · Law 107/2014 · Law 111/2018

Delays are common and not always a sign of a serious problem, but your contract is your only real protection. If it sets a penalty for every month of delay, claim it in writing as soon as the deadline passes. If it says nothing, you are usually left with negotiation or the courts, which are slow and expensive.

If the delay drags on or the works stop, act quickly: ask the developer for a new schedule in writing, check at ASHK whether a seizure or a new mortgage has been registered on the land or the building, and talk to other buyers in the same building. A lawyer can tell you whether you are entitled to terminate the contract and claim your money back with interest, or whether it is better to wait for completion. Do not stop paying without legal advice, because you could end up in breach of the contract yourself. Buyers who paid by bank transfer, have a notarial contract and kept every document are always in a stronger position.

Tick every line before any money leaves your account:

• I have the developer's NUIS and checked it in the QKB register
• I have visited a building the developer has finished
• I have the permit number and checked it in e-Leje or through my lawyer
• My floor and apartment are covered by the permit
• The ASHK record of the land plot shows no seizure or court claim
• My lawyer has read the contract
• The contract sets a delivery date, a penalty for delays and a deadline for the ownership certificate
• The instalments are tied to construction stages and paid by bank transfer to the company's account
• If I need a mortgage, the bank has confirmed it will finance this project

The laws and official portals this guide is based on. Laws are amended from time to time, so check the text in force or ask a lawyer.

• National Business Center (QKB): business register
• Law No. 111/2018 “On the cadastre”
• Law No. 107/2014 “On territorial planning and development”
• e-Leje, the national electronic building permit system
• Civil Code (Law No. 7850/1994), articles 72, 83 and 193 — power of attorney, notarial deed and registration
• Territorial Development Agency (AZHT): service card for the certificate of use