The government has changed the rules for the use and privatization of state property, defining the conditions under which entities with contracts with a symbolic fee of 1 euro can request the purchase of the property, as well as sanctions when the investments or jobs undertaken are not realized.
The changes were made through two instructions of the Ministry of Economy and Innovation, no. 6 and no. 7, dated September 1, 2026. Instruction no. 6 regulates the leasing and emphyteusis of state assets, while instruction no. 7 changes the procedures for their evaluation, privatization and sale.
According to instruction no. 7, entities that have received state properties with an area of over 500 square meters with lease or emphyteusis contracts at the rate of "1 euro/contract" may request their purchase, provided that the property is not inalienable.
In order for the request to be considered, the entity must have made, within the contractual term, “investments in excess of 5,000,000 euros and in a value higher than 750 percent of the value of the state property subject to the request for purchase.” Fulfillment of these conditions must be proven with contractual, financial and technical documentation.
According to Instruction No. 7, the purchase of property does not release the entity from the obligation to make the full investment foreseen in the business plan and in the previous lease or emphyteusis contract. This obligation must be included in the sales contract and reflected as a restriction in the property card.
If the investor does not fulfill this obligation, the instruction gives the Ministry of Economy the right to unilaterally terminate the sales contract.
“The responsible ministry has the right to unilaterally terminate the sales contract […] with the return of the privatized property to state ownership and with the right to retain the amount previously paid by the buyer for the purchase of the property,” stipulates instruction no. 7.
The buyer also cannot alienate the property to a third party until the investment is fully realized. The instruction states that this prohibition “constitutes a legal mortgage on the property” and is reflected in the cadastral register.
Meanwhile, Instruction No. 6 establishes special rules for the implementation and monitoring of contracts with a symbolic fee of 1 euro.
For failure to realize the investment specified in the contract, "the lessee/emphyteusis recipient is penalized with 10 percent of the value of the unrealized investment", according to instruction no. 6.
The same instruction also establishes a penalty for failure to fulfill the promised employment. “For each job position not fulfilled […] the lessee/emphyteusis holder is penalized with 50,000 lekë.” The number of jobs is determined based on the annual average of employees declared to the tax administration.
Instruction No. 6 requires that the investments made be controlled through the report of the statutory auditor and the real estate valuation expert, the financial balance sheet and the joint monitoring act. When the investment results in the level specified in the contract, the return of the hardened guarantee is approved.
This same instruction also changes the way in which procedures for the lease or emphyteusis of state properties are carried out. After the publication of the competition, “communication between the institution and the bidders, the administration of documentation and any procedural action during the competition shall be carried out only through the official electronic address of the institution”.
Instruction No. 6 also determines the method of calculating the floor fee for state-owned properties. For buildings, the minimum monthly fee per square meter is 0.3% of the average sale value of apartments in the municipality where the property is located. In the example given in the instruction for a 100 square meter building in Tirana, the minimum fee is calculated at 37,295 lek per month.
Monitoring of contracts, according to instruction no. 6, includes payment of rent, interest on arrears and penalties, realization of investments and level of employment. The responsible unit must draft joint monitoring acts at least once every six months./Monitor
