The Kosovo Property Agency (KPA) was established as an independent Agency by the promulgation of UNMIK Regulation 2006/10 on the Resolution of Claims Relating to Private Immovable Property, Including Agricultural and Commercial property. UNMIK Regulation 2006/10 was amended by UNMIK Regulation 2006/50. Following the non-extension of UNMIK Regulation 2006/50 which ceased to have legal effect on 31 December 2008, the Agency is operating under The Assembly of Kosovo Law No. 03/L-079 amending UNMIK Regulation 2006/50, which itself was amended by Assembly of Kosovo Law No. 04/L-155.
The KPA is mandated to receive and register and through the Kosovo Property Claims Commission (KPCC), resolve claims resulting from the armed conflict that occurred between 27 February 1998 and 20 June 1999 in respect of private immovable property, including agricultural and commercial property. Decisions taken by the KPCC are subject to the right of appeal only to the Supreme Court of Kosovo.
The Agency has a clear mandate and a division of roles between its three main bodies, namely the Executive Secretariat, the Kosovo Property Claims Commission and the Supervisory Board.
The Supervisory Board
The Supervisory Board supervises the work of the KPA and provides the KPA with administrative oversight, overall direction and policy guidance. The Supervisory Board does not participate in the process by which the KPCC adopts findings and conclusions on individual claims.
The Supervisory Board is composed of five (5) members. Three members, including the Chairperson, are appointed by the International Civilian Representative and two members are nominated by the Prime Minister and appointed by the Assembly of Kosovo.
The Executive Secretariat
The Executive Secretariat is responsible for receiving, registering and replies to claims, notifying parties and processing claims by verifying the submitted documentation, collecting evidence and conducting interviews with parties to the claims and for the preparation of written submissions on the claims for the consideration of the KPCC. Following the adjudication of the claim by the KPCC or in the case of an appeal following the issuance of a judgment by the Supreme Court the Executive Secretariat must implement the decision or judgment.
The Executive Secretariat has a Director and a Deputy Director. The Director is appointed by the International Civilian Representative. The Deputy Director is nominated by the Prime Minister and appointed by the Assembly of Kosovo.
Kosovo Property Claims Commission
The KPCC is part of the KPA and is conferred with the authority to adjudicate claims referred to it by the Executive Secretariat. The KPCC is composed of two international and one national, Commissioners. The two international Commissioners are appointed by the International Civilian Representative. The national Commissioner is nominated by the President of the Supreme Court of Kosovo and appointed by the Assembly of Kosovo.
Members of the Commission are required to be experts in the field of housing and property law and competent to hold judicial office.
Any natural or legal person could file a claim with the KPA where that claim fell within one of the following categories, where it was claimed that:
- they were the owner of private immovable property, including agricultural, residential and commercial property and you are now not able to exercise your property right; or
- they were the lawful possessor/user or the occupancy right holder of private immovable property, including agricultural, residential and commercial property and you are now not able to exercise your property right
A member of your family household may pick up the decision or represent you if he/she provides evidence of the family relations. If the claimant passed away after filing the claim, the person collecting the decision must present a death certificate together with a marriage certificate (if spouse), birth certificate (if child) or other document proving the family relationship.
Also other persons may collect the decision on your behalf, on presentation of a valid Power of Attorney who should contain the following information:
- your name, address and identity number;
- the name, address and identity number of the person who you authorize to represent you; and
- detailed outline and description of the function you wish the authorized person to carry out on your behalf, in relation to representing your claim before the KPA.
Please note: 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.
No. The staff at the KPA will assist you free of charge and there are no filing or administrative fees associated with submitting a claim with the KPA.
The claims intake commenced on 5 April 2006 and closed on 3 December 2007. No more claims can be submitted to the KPA. During the claim intake period, the KPA received more then 40,000 claims.
All potential contested property cases after this date should be processed in respective courts in regular legal procedure.
If you want, you can withdraw all or part of your claim with the KPA at any time before the claim has been decided by the KPCC. This must be done in writing and you will need to fill out a specific form that can only be provided by the KPA.
If you reside in Kosovo: You can contact any KPA Office and ask them to send you a withdrawal form. You should fill out the withdrawal form, and either you or a person authorized by you, must deliver the form in person to any KPA Office as the form needs to be signed by a KPA Officer. You must bring a copy of your ID card with you when you attend the KPA Office and if you do have an authorized person acting on your behalf, you must provide them with a valid Power of Attorney. A Power of Attorney is a legal instrument, by which you authorize a particular person to act on your behalf.
If you reside outside of Kosovo: You can contact any of KPA Offices or UNHCR Property Offices and ask them to send you a withdrawal form. The withdrawal form will be sent to you via fax, email or by regular mail. You should fill out the withdrawal form and send it by regular mail to the KPA along with a copy of your ID. You cannot have an authorized representative fill out the form on your behalf; only the person who signed the claim form can sign the withdrawal form.
Important Note: Once you sign the withdrawal form the KPA will not process your claim any further and you permanently waive any and all rights to have the property claim processed and decided by the KPA.
If the withdrawal is only for a part of the claimed property, then the process will continue for the other part of the claim/property and that part of the case will not be withdrawn.
Following receipt of a claim, the KPA notifies the property, by placing notices on the property itself and publishing details of the claimed property (such as municipality, village, street name, street number and parcel number) in the KPA Gazette. The KPA Gazette is published regularly and is available in Albanian, English and Serbian on the KPA website at www.kpaonline.org. The Gazette is also distributed in the daily newspaper in Kosovo, Serbia and in the Montenegro. In addition, you can also get copies of the Gazette from your municipality or local court.
This serves to alert anyone who may have a potential legal interest in the property that a claim for that property has been received. Anyone who believes they have a legal interest in any of the published claimed properties must contact a KPA office as soon as possible and within 30 days of the date that they become aware of the claim if they wish to become a party to the claim.
The claim will be individually investigated. This includes the verification of all documents submitted in support of the claim, conducting searches in public records and when necessary obtaining other evidence and statements. Once the claim has been fully investigated it will be presented to the KPCC for adjudication. The KPCC will decide the claim, in a closed session, on the basis of documents and other information submitted, or if in doubt, through oral hearings with the parties involved.
The KPCC will issue a decision accepting or rejecting the claim. The decisions of the KPCC are legally binding without prejudice to the right of appeal to the Supreme Court of Kosovo. The KPA Secretariat may also dismiss claims if they are manifestly un-receivable and clearly not within the scope of the jurisdiction of the KPA, with a right of appeal to the KPCC.
The KPA will then ensure the decision is implemented.
Yes, if you disagree with the KPCC decision you are entitled to submit an appeal to the Supreme Court of Kosovo through the KPA within thirty (30) days of being notified of the KPCC decision. Appeals may be filed on the grounds that:
- The decision involves a fundamental error or serious misapplication of the applicable material or procedural law: or
- The decision rests upon an erroneous or incomplete determination of the facts.
If you think you have reason to appeal the KPCC decision under the grounds mentioned above, you must submit your appeal within the thirty (30) day deadline in writing, by letter (in person or by post), fax or e-mail, together with a copy of your personal ID document to any of the KPA Offices. The KPA will collect additional information from any other party to the original claim and forward this along with the appeal to the Supreme Court of Kosovo. The Supreme Court of Kosovo shall decide on the appeal in a panel composed of two international and one national Judge. The decision will be taken once the Supreme Court of Kosovo is satisfied that it has received all of the evidence required to decide the appeal. The decision of the Supreme Court of Kosovo is final and enforceable and cannot be challenged through any ordinary or extraordinary remedies.
Please click here for more information.
The application form is available here.
The objective of the implementation phase is to give effect to KPCC decisions and Supreme Court judgments; to protect the rights of all parties to the proceedings; to make the best use of the available resources in a fair, efficient and easily administered manner while ensuring rule of law. In deciding a claim, the Supreme Court and/or the KPCC, will prescribe what form that the implementation shall take, this can include (but is not limited to) eviction, seizure, demolition of unlawful structures, conciliation, placing easement on property, auction, confiscation with compensation and expropriation.
A successful claimant can request enforcement of their decision through repossession, placing of the property under administration or requesting that the case be closed. User rights can be enforced through re-establishment or case closure.
No other party, other than a successful claimant or a person authorized by the claimant can request the KPA to enforce the decision.
KPA will only undertake enforcement of final and executable decisions or judgments, and if the following requirements are fulfilled; the decision or judgment prescribes the use of such measure; a request for repossession is submitted by a successful claimant; the property is found to have illegal occupants or illegal activity is evident; and the illegal occupancy or illegal activity does not cease after notification to all parties of the repossession request.
The KPA was also mandated to deal with a limited number of activities which fell within the mandate of the Housing and Property Directorate (HPD) as established under UNMIK Regulation 2000/23, whose closure coincided with the establishment of the KPA. Namely the implementation of Housing and Property Claims Commission (HPCC) decisions which were pending enforcement in addition to the management of properties under the administration of the HPD. In exercising this aspect of its mandate, the KPA was vested with the rights, obligations, responsibilities and powers of the HPD. Further the HPD’s physical assets were transferred to the KPA, and a certain number of its personnel were redeployed to carry out similar duties within the KPA.
For further information on the HPD process, you can go to http://www.kpaonline.org/hpd/
The KPA can temporarily administer a property on behalf of the property right holders if he/she is unable to take repossession of the property. When a property is under administration and assessed by KPA as suitable for the rental market, the property right holder can choose to lease out the property under the Voluntary Rental Scheme should they so wish.
Lists of properties available properties for rent are published regularly on the KPA website - www.kpaonline.org
KPA calculates the monthly rent for residential and commercial property based on the Property Value, as assessed by the respective Municipal Property Tax Department, through a formula which takes into account certain factors which include the age of the property and the percentage used.
Another criterion for setting the rent price on agricultural property is the classification of the land, pursuant to land classification made in the Possession List issued by Municipality Cadastre Office.
The property right holder of a property under KPA administration can request the KPA to terminate the administration of the property and request repossession at any time. In these cases where there is an occupant there is usually a two month notice period prior to evicting any occupant to allow any occupant the opportunity to find alternative premises.
While the KPA will make reasonable efforts to minimize damage to any property under its administration, the KPA bears no responsibility for any loss or damage to its contents, material or financial or otherwise.
Types of properties that KPA may administer at the request of successful claimants are: Residential, agricultural and commercial property.
The KPA can not administer following properties: (i) properties that need consent of other co-owners and consent is not obtained; (ii) properties that according to the KPA professional assessment report are not fit to place them under KPA administration and (iii) forests.