The Kosovo Property Agency was created on 4 March 2006 as an independent body. Its mandate is to process claims relating to private immovable property, including agricultural and commercial property arising out of the 1999 armed conflict in Kosovo. The KPA’s jurisdiction and structure is set out in UNMIK Regulation 2006/10 and legislation is also pending approval which will set down the rules of procedure and evidence which will govern the resolution of claims filed with the KPA.
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| 1. What is the Kosovo Property Agency (KPA)? |
| The Kosovo Property Agency (the “KPA”) is an independent body established under UNMIK Regulation 2006/10 on the Resolution of Claims Relating to Private Immovable Property, including Agricultural and Commercial Property, which was promulgated on 4 March 2006. It is mandated to resolve claims resulting from the 1999 armed conflict in respect of private immovable property, including agricultural and commercial property. |
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| 2. Who may file a claim with the KPA? |
Any natural or legal person may file a claim with the KPA where that claim falls within one of the following categories wherein it is claimed that:
- you were the owner of private immovable property, including agricultural and commercial property and you are now not able to exercise your property right.
- you were the lawful possessor/user or the occupancy right holder of private immovable property, including agricultural and commercial property and you are now not able to exercise your property right.
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| 3. Where can you submit your claim? |
| You can submit your claim to the KPA on and from 5 April 2006, at any one of the following offices: |
| In Kosovo: |
| KPA Prishtinë/Priština |
| 2 Rexhep Luci/Goleska Street |
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| KPA Gracanica |
| Behind the (Unmik) Municipality building |
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| KPA Gjilan/Gnjilane |
| Rade Popoviq Street |
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| KPA Mitrovica |
Southern part; Mbretresha Teuta Str. (opposite Yugobanka)
Northern part; KTA Building, Room No. 18, UNMIK Nth Station Compound |
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| KPA Pejë/Pec |
| Mosha Pijade Street |
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| KPA Prizren |
| Visitors office at De Rada Street No. 63/A |
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| In Serbia proper and Montenegro: |
| KPA Belgrade |
| Kosovska 49/8 |
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| KPA Nis |
| “Dusanov Bazar” (Dusanova) Street |
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| KPA Podgorica |
| Crnogorskih Serdara |
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| KPA Kragujevac |
| 9, “Lole Ribara” Street |
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| KPA Kraljevo |
| Cara Dusana 21 |
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| 4. Do you require a lawyer to submit your claim? |
| No |
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| 5. Can someone else represent you? |
Yes, if you wish, someone can represent you, but you must however provide him or her with a valid Power of Attorney (POA). This is a legal instrument by which the authority is conferred on that person to act on your behalf. It must be certified by a competent court or the KPA and should contain the following information:
- - your name and address and identity number;
- - the name and address and identity number of the person whom you authorize to represent you;
- - a detailed outline and description of the function which you wish the authorized person to carry out on your behalf in relation to representing your claim before the KPA.
Please note that you must also provide the Authorized Person with a copy of your ID card, and any other necessary documentation/information in order to enable him or her to represent you. |
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| 6. Can I represent other members of my family? |
| Yes, you may file a claim and act on behalf of the following members of your family, where that person is unable to make a claim, namely a spouse, child (born in and out of wedlock or adopted), stepchildren and grandchildren without parents, parents (father and mother, stepfather, stepmother and adopter) and any other persons whom you are obliged to support in accordance with the law. |
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| 7. Do I have to pay for the procedure before the KPA? |
| No. |
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| 8. What is the last day for filing a claim? |
| The final deadline to submit a claim is 3rd December 2007. |
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| 9. What is the KPA’s institutional structure? |
| The KPA is composed of a Supervisory Board, an Executive Secretariat and a Property Claims Commission. |
| The Supervisory Board |
| The Supervisory Board shall supervise the work of the KPA and provide it with administrative oversight, overall direction and policy guidance. It will not participate in the process by which the Commission adopts findings and conclusions on individual claims. It will be composed of 5 members who shall be appointed by the SRSG, and two of these members will be nominated by the Prime Minister. The SRSG will designate the Chairperson of the Board. |
| The Executive Secretariat |
| The Executive Secretariat will have a Director and a Deputy Director who will be appointed by the SRSG. The Executive Secretariat shall be responsible for receiving and registering claims and replies to claims, notifying parties and processing claims for the consideration of the Commission. The duties and responsibilities of the Executive Secretariat will be set out in further detail in an Administrative Direction to be promulgated in the near future. |
| The Property Claims Commission |
| The Property Claims Commission (the Commission) is composed of two international and one national member to be appointed by the SRSG, and one of the members shall be designated as the chairperson. Members of the Commission are required to be experts in the field of housing and property law and competent to hold judicial office. The local member shall be appointed by the SRSG on the nomination of the President of the Supreme Court of Kosovo. |
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| 10. How will my claim be processed? |
Upon receiving a claim, it will be processed by the KPA. Once the documents have been verified and all relevant parties notified the claim will be prepared for submission to the Commission which shall reach findings and conclusions on the claim.
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| 11. Is there a right of appeal? |
| Yes, on being notified of a final decision on a claim, a party has thirty days within which to appeal the decision to the Supreme Court of Kosovo. An appeal may be filed on the grounds that the decision contains a serious violation of the applicable law or that the decision rests upon incomplete facts or an erroneous evaluation of the facts. The Supreme Court shall decide on appeals in a panels of three judges (two international and one local judge). |
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| 12. How are decisions enforced? |
| The decision of the competent court or the Supreme Court on appeal shall be final and legally enforceable within fifteen days of becoming final. Remedies for the execution of a decision include eviction, placing the property under administration, a lease agreement, seizure of unlawful structures, auction and compensation. |
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| 13. What is the relationship between the HPD and the KPA? |
Pursuant to UNMIK Regulation 2006/10, the Housing and Property Directorate (“HPD”) is subsumed into the KPA. The KPA therefore assumes responsibility for the implementation of all residential property claims pending with the HPD on 4 March 2006, including responsibility for properties under its administration. Further, the Housing and Property Claims Commission (“HPCC”) will continue to decide the limited number of remaining claims that are currently pending before it.
Detailed information on the HPD process and contact details are available on www.hpdkosovo.org |
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