{"id":4369,"date":"2026-08-02T11:48:51","date_gmt":"2026-08-02T11:48:51","guid":{"rendered":"https:\/\/lajmmsot.com\/?p=4369"},"modified":"2026-08-02T11:48:51","modified_gmt":"2026-08-02T11:48:51","slug":"paguan-100-per-apartamentin-por-prona-sekuestrohet-nga-spak-ja-cfare-ndodh-me-bleresin","status":"publish","type":"post","link":"https:\/\/lajmmsot.com\/?p=4369","title":{"rendered":"He pays 100% for the apartment, but the property is seized by SPAK\/ Here’s what happens to the buyer…"},"content":{"rendered":"

An apartment with a total value of 92 thousand euros was purchased through a purchase contract by a citizen who paid 100% of the amount specified in the contract. The agreement for the reservation of the property was signed at the notary, when the building was still in the early stages of construction (in the pit phase).<\/span><\/p>\n

Another similar case relates to an apartment worth 59 thousand euros, where in this case too, the buyer paid the entire amount before the completion of the building, also in the early stages of the start of works.<\/span><\/p>\n

Lured by the lower price than the final sale price, in both cases of the purchase contracts that “Monitor” consulted with one of the notary offices in Tirana, it turned out that the buyers had made the payment for 100% of the value of the apartments, although they had not yet received the ownership certificate (property title deed).<\/span><\/p>\n

Notary Fatmir La\u00e7ej, also general advisor to the World Union of Notaries (UINL), claimed that this is not a rare practice in the Albanian construction market.<\/span><\/p>\n

He explains that the most common payment scheme through order contracts provides for about 75% of the amount to be paid in the first phase of construction, known as the pit construction phase or the carbine erection or wall erection phase, while the remainder is paid within 3 to 4 months.<\/span><\/p>\n

“In most final apartment purchase contracts, it turns out that the full payment for the property was made within the framework of the order contract. This clearly shows that the majority of residential investments being developed in the country are being financed by the buyers’ own money,” says Mr. La\u00e7ej.<\/span><\/p>\n

According to notary Fatmir La\u00e7ej, nearly 90% of projects in Tirana continue to be financed by buyers through order contracts. \u201cIn Albanian practice, most construction is carried out precisely with the funds of the customers.<\/span><\/p>\n

The entrepreneur does not build primarily with his own capital, but with payments made by citizens according to the order contracts. This means that the apartment is economically built with the buyer’s money and not only with the entrepreneur’s financial resources.<\/span><\/p>\n

“It cannot be otherwise when an entrepreneurial company with 10 euros in capital builds a resort worth 5 million euros,” emphasizes notary Mr. La\u00e7ej.<\/span><\/p>\n

funding<\/span><\/p>\n

“In Albanian practice, most constructions are carried out precisely with the funds of the customers. The entrepreneur does not build mainly with his own capital, but with the payments made by citizens according to the order contracts. This means that the apartment is built economically with the buyer’s money and not only with the financial resources of the entrepreneur. It cannot be otherwise when an entrepreneurial company with a capital of 10 euros builds a resort worth 5 million euros.”<\/span><\/p>\n

But the boom in the construction sector continues to hide its dark side, that of money laundering by criminal groups.<\/span><\/p>\n

Around 50 million euros is the total value of confiscated residential real estate that is administered by the Sequestered and Confiscated Assets Administration Agency (AAPSK). In total, the number of administered real estate has reached 345 properties.<\/span><\/p>\n

Data made public by AAPSK for Monitor shows that the majority of the value of these properties is concentrated in Tirana. Around 75% of the total value of confiscated residential properties, or around 3.4 billion lek, is located in Tirana, out of a total value of 4.6 billion lek.<\/span><\/p>\n

After Tirana, the largest share of the value of seized properties is accounted for by Durr\u00ebs and Fier, with around 9% each of the total value. While the cities of Elbasan and Kavaj\u00eb each represent around 2% of the value of confiscated properties.<\/span><\/p>\n

In Saranda and Berat, the share of seized properties is around 1% for each city. The rest is distributed in other cities, with lower values.<\/span><\/p>\n

The Agency for the Administration of Sequestered and Confiscated Assets (AAPSK) carries out its activities in accordance with Law No. 34\/2019 “On the Administration of Sequestered and Confiscated Assets”, which defines its powers and responsibilities in the process of administering these assets.<\/span><\/p>\n

The imposition of a seizure measure on an asset is not within the competence of the AAPSK. This procedure is regulated by the Criminal Procedure Code and special legislation in force, while the AAPSK is engaged in the administration of the asset after it is transferred to it for administration according to legal procedures.<\/span><\/p>\n

In accordance with Law No. 34\/2019, as amended, the AAPSK takes over seized assets on the basis of relevant decisions. Specifically, Article 16 of the law provides for the taking over of seized assets on the basis of a court decision or prosecutor’s order, while Article 17 sets out the procedures for taking over the administration of seized assets by order of the competent administrative body.<\/span><\/p>\n

After taking over the administration, AAPSK is responsible for the preservation, maintenance and administration of the property, aiming to protect and, when possible, increase its economic value.<\/span><\/p>\n

For 2025, according to data from the Special Structure Against Corruption and Organized Crime (SPAK), the value of seized and confiscated assets reached 43.5 million euros.<\/span><\/p>\n

The value of seized assets is 50% lower than in 2024. 66% of them, or 28.8 million euros, represent assets seized under the Criminal Procedure Code. While the remaining part, 34%, or 14.7 million euros, belongs to assets seized under the Anti-Mafia Law.<\/span><\/p>\n

In continuation of the fight against corruption and organized crime for 2025, SPAK managed to seize and confiscate a diversified portfolio of assets, including 145 real estate properties.<\/span><\/p>\n

For 2026, in mid-June, SPAK also announced the crackdown on an international criminal group, from which a large number of real estate assets were seized, including land, apartments, garages, villas, bank accounts, commercial companies and assets related to construction projects in Tirana and the coastal area.<\/span><\/p>\n

He pays 100% of the apartment, but the building is seized by SPAK. What happens to the buyer?<\/span><\/p>\n

After these objects have fallen into the net of seizures, many individuals will find themselves in a difficult situation to provide their apartments, purchased under custom contracts, with a certificate of ownership.<\/span><\/p>\n

What will happen to their money? Do they lose the apartment? Who compensates these buyers?<\/span><\/p>\n

Lawyers and notaries explain that the seizure of a property by SPAK does not automatically mean that citizens who have purchased under contract will lose the money invested, but according to them, in practice there is a risk of recovering the amounts paid.<\/span><\/p>\n

Lawyers explain that, first, the citizen must file a civil lawsuit in court, legally documenting the origin of the amount paid for the apartment, a process that can be not only difficult, but also take years at the courthouse doors.<\/span><\/p>\n

For lawyer Jordan Daci, Albanian legislation offers protection to citizens who have purchased an apartment legally and without knowledge that the builder or seller could be involved in criminal activities.<\/span><\/p>\n

He explains that a bona fide buyer does not automatically lose his rights just because the property has become the subject of an investigation by SPAK. But he must prove that the payments were made legally, through bank documents, contracts and a legitimate source of income.<\/span><\/p>\n

“Any individual who purchases a property in good faith and has fulfilled his financial obligations has the right to acquire ownership of the purchased item. This protection is provided for by the Civil Code.”<\/span><\/p>\n

Even in cases of seizures carried out under the Anti-Mafia law, persons who acted in good faith enjoy protection. However, unlike in ordinary cases, here it must be proven that the apartments were purchased through legal transactions and that the buyers were not part of any money laundering scheme.<\/span><\/p>\n

It is not enough to simply state that you purchased the property. The legality of the transaction must be proven by objective circumstances, such as bank documentation, payment receipts, and a legitimate source of income. This serves any investigation that SPAK may conduct to prove that the buyer had no connection with the builders and was simply a bona fide buyer.<\/span><\/p>\n

There is also a Supreme Court practice, which expressly states that the rights over the thing follow the legal fate of the thing, but the rights of third parties in good faith are not violated. For example, if a bank has granted a loan for an asset that is subsequently subject to seizure or confiscation, the part that guarantees the loan cannot be confiscated.<\/span><\/p>\n

“It belongs to the bank, as the bank is considered a third party in good faith. The same legal logic is followed in these cases.”<\/span><\/p>\n

Regarding cases of property purchases with custom contracts, lawyer Jordan Daci emphasizes that the problem is not the lack of law, but cases of informal payments by buyers and the lack of financial capital of builders to compensate regular buyers.<\/span><\/p>\n

“Citizens are protected by the law, but often their lack of protection comes as a result of informality in the legal actions they perform. Lack of care exposes them to risks.”<\/span><\/p>\n

For example, it may be money saved over the years, kept in the apartment and not deposited in the bank, which makes it difficult to prove its origin. Likewise, in practice it happens that a price is declared in the contract for the purpose of bank financing, while another part of the payment is made in cash and remains undeclared. All these situations expose the individual to the risk of losing the rights to the property.<\/span><\/p>\n

Citizens who have acted in a regular and legal manner should not have their property affected. While those who have acted informally will be treated as co-authors of the criminal offense and their assets will be subject to confiscation.<\/span><\/p>\n

This is a risk that every person takes when entering into a legal relationship with another entity. If the requirements of the law are not respected, there can be no full legal protection.<\/span><\/p>\n

In other cases of individuals who have acted in accordance with the law, but are harmed by the actions of the building society, they can go to court with a civil lawsuit for compensation. However, in practice, many of these societies do not have sufficient capital or assets to fulfill the obligations that may be imposed on them by court decision.<\/span><\/p>\n

But how should a buyer act if the property is confiscated?<\/span><\/p>\n

Notary Fatmir La\u00e7ej explains that the seizure of real estate is not the same as confiscation. According to him, sequestration is a temporary measure that is imposed during investigations, while confiscation is a final court decision.<\/span><\/p>\n

“In the case of confiscation of property, when the customer has acted in good faith and has fully paid its price, he, based on Article 106 of the Civil Code, has the right to request the court to return the property. If the return of the property is impossible, he may request the return of the amount paid.<\/span><\/p>\n

The client also has the right to request compensation for the damage suffered, including both material and moral damage, if the conditions provided by law are met.<\/span><\/p>\n

The full payment of the price is not an insignificant fact. On the contrary, it proves that the citizen has fully fulfilled his contractual obligation and has invested his savings in that property. If the contract was concluded in accordance with the law, was formalized by a notarial deed and payments were made in a documented manner, then the customer has acquired a legal position that deserves protection.<\/span><\/p>\n

Furthermore, each order contract must be registered in the Cadastre, in order to avoid the possibility of entering into more than one order contract for the same property, as has happened in the past when such registration was not mandatory.<\/span><\/p>\n

Of course, the seizure measure may temporarily limit the exercise of certain rights, but it should not automatically extinguish the legitimate interest of the buyer in good faith.<\/span><\/p>\n

“In a state governed by the rule of law, it is necessary for the court to analyze case by case whether the property is truly the product of criminal activity, or was created with the funds of citizens who acted in a completely legal manner,” explains Mr. La\u00e7ej.<\/span><\/p>\n

The problem is not the law, but the delay in its implementation.<\/span><\/p>\n

Meanwhile, for lawyer Aigest Milo, executive partner at the law firm “KALO & ASSOCIATES”, in theory the bona fide buyer is protected by the law, but he estimates that in practice, the situation is much more complicated.<\/span><\/p>\n

According to him, citizens often remain unable to use their apartment for years, as the property remains under seizure until the conclusion of the criminal process.<\/span><\/p>\n

“In principle, if someone has purchased without knowledge of the illegal origin of the money used by the seller or builder, they are considered a “bona fide third party” and have the opportunity to prove this status during the investigative and judicial process.”<\/span><\/p>\n

This protection is not automatic, it must be requested, argued with evidence (contract, bank confirmations, correspondence) and formally recognized by the court.<\/span><\/p>\n

The problem in practice lies in the fact that this protection often remains theoretical, as both the prosecution and the courts have been reticent in removing property from seizure, meaning that until the court finally decides on the merits of the prosecution’s claim, the property remains blocked and the buyer can neither sell it, nor mortgage it, nor use it freely, despite his good faith.<\/span><\/p>\n

The issue is not whether the seizure is fair in itself, as it is fully justified as a preventive measure, but how long it lasts, how transparent the process is, and whether there are mechanisms that protect third parties who are acting in good faith.<\/span><\/p>\n

“When the seizure drags on for years, and when the bona fide party has no means to expedite or limit the damage in the meantime, then the balance between public interest and individual rights begins to be truly violated,” argues Mr. Milo.<\/span><\/p>\n

He adds that the mechanisms in Albania are slow, not always clearly foreseen for these specific cases, which leads to the bona fide buyer playing ping-pong at the courthouse doors.<\/span><\/p>\n

“The prosecution often remains rigid and does not change its position even when the buyer presents complete documentation proving good faith and regular payment. The courts, on the other hand, often become mere notaries of the prosecution’s requests, without really exercising their controlling role over the validity of the seizure against third parties.”<\/span><\/p>\n

Thus, the bona fide buyer finds himself playing “ping-pong” between the doors of justice without finding a body that will take responsibility for resolving his situation in a timely manner.<\/span><\/p>\n

The situation becomes even more serious when the construction has not yet been completed at the time of the seizure. Then the building risks remaining like that forever, half-built, without a builder who could finish it and without a buyer who could do it themselves, because the property is blocked,” he estimates.\/Monitor<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

An apartment with a total value of 92 thousand euros was purchased through a purchase contract by a citizen who paid 100% of the amount specified in the contract. The agreement for the reservation of the property was signed at the notary, when the building was still in the early stages of construction (in the … Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":4370,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4369","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-lajm"],"_links":{"self":[{"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/posts\/4369","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4369"}],"version-history":[{"count":1,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/posts\/4369\/revisions"}],"predecessor-version":[{"id":4371,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/posts\/4369\/revisions\/4371"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=\/wp\/v2\/media\/4370"}],"wp:attachment":[{"href":"https:\/\/lajmmsot.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4369"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4369"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lajmmsot.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4369"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}