The Kosovo Property Agency (KPA) 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 the rules of procedure and evidence governing the resolution of claims filed with the KPA are set out in Administrative Direction 2007/5.
The KPA is an independent body established under UNMIK Regulation 2006/50 and Administrative Direction 2007/5 and commenced on 4 March 2006. The KPA is mandated to resolve property claims resulting from the 1999 armed conflict in respect of private immovable property, including agricultural and commercial property.
The KPA is composed of a Supervisory Board, an Executive Secretariat and the Kosovo Property Claims Commission (KPCC).
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 comprised of five members who are appointed by the Special Representative of the Secretary-General (SRSG) of the United Nations, with two of the members being nominated by the Prime Minister of Kosovo. The SRSG designates one member as Chairperson of the Board.
The Executive Secretariat
The Executive Secretariat is responsible for receiving, registering and replies to claims, notifying parties and processing claims for the consideration of the KPCC. The Executive Secretariat has a Director and a Deputy Director who are appointed by the SRSG.
Kosovo Property Claims Commission
The KPCC is comprised of two international and one national member appointed by the SRSG and one member is designated as 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 national member is appointed by the SRSG on the nomination of the President of the Supreme Court of Kosovo.
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:
- you were the owner of private immovable property, including agricultural and commercial property and you are now not able to exercise your property right; or
- 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
The claims intake commenced on 5 April 2006 and closed on 3 December 2007.
Yes, if you wish, someone can represent you, but you must provide him/her with a valid Power of Attorney (POA). A POA is a legal document by which you give authority to the named person (authorized person) to act on your behalf.
If you wish for someone to act on your behalf and want to prepare a POA, it must be certified by a competent court or the KPA and should contain the following information:
- your name, address and identity number;
- the name, address and identity number of the person who you wish to authorize to represent you; and
- a 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 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.
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 almost 40,000 claims.
Upon receiving a claim, the KPA ensures it has enough information to process your claim, in this regard, a staff member from the KPA may contact you if we require additional information.
The KPA then 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, 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 of the publication if they wish to become a party to the claim. The KPA Gazette is published regularly and is available in Albanian, Serbian and English on the KPA website at www.kpaonline.org. The Gazette is also distributed in the Albanian language with the “Kosova Sot” paper in Kosovo and in the Serbian language with the “Jedinstvo” paper in Serbia. In addition, you can also get copies of the Gazette from your municipality or local court.
After notification has occurred, supporting documentation submitted in relation to a claim, is verified for authenticity. Once the documents have been verified and all relevant parties notified, the claim will then be prepared for submission to the KPCC who shall make findings and reach conclusions on the claim.
The KPCC will publish their conclusions and the parties will be notified of the decision. The KPCC decision becomes executable 30 days following notification of the decision.
The KPA will then ensure the decision is implemented (given effect).
Yes. On being notified of a decision on a claim, a party has 30 days within which they can lodge an appeal throught KPA with 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 will decide on appeals in a panel of three judges (two international and one local judge).
A KPCC decision becomes executable 15 days following notification of the decision. If you lodge an appeal with the Supreme Court of Kosovo, the execution of the decision is stayed (or put on hold) until the outcome of the appeal.
The decision on appeal of the Supreme Court of Kosovo shall be final and legally enforceable within 15 days of becoming final. Remedies for the execution of a decision include, but are not limited to, eviction, placing the property under administration, a lease agreement, seizure of unlawful structures, auction and compensation.
Decisions of the KPCC or Supreme Court of Kosovo are legally enforceable within 15 days of becoming final.
Remedies include, but are not limited to, eviction; placing the property under administration; a lease agreement; seizure of unlawful structures; auction and confiscation with compensation.
The decision will be implemented in line with the request of the determined property right holder.
The KPA replaced the Housing and Property Directorate (HPD). Under UNMIK Regulation 2006/10, the staff and assets of the HPD were subsumed into the KPA. The KPA assumed responsibility for the implementation of all residential property claims that were pending with the HPD on 4 March 2006 and the KPA will ensure their resolution in an effective and expeditious manner. Further, the Housing and Property Claims Commission (HPCC) will continue to decide the limited number of remaining residential claims that were pending before the HPD.
For further information on the HPD process, you can go to www.hpdkosovo.org
The KPA can temporarily administer (effectively care-take) a property on behalf of a dispossessed property right holder where they have not, or are unable to take repossession of a property. If a property is under KPA administration, the property right holder can elect to lease out the property under the Rental Scheme.
The property right holder of a property under KPA administration can write to the KPA at any time to advise that they intend to re-possess the property. When the KPA has received written notice of the intention to re-posses, the KPA will deliver an eviction order to the current occupant, directing them to vacate the property within 90 days, or, if there is a lease, the KPA will direct the current lessee to vacate the property at the conclusion of the lease.
When the property is repossessed, KPA administration of the property ends.
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.
FAQs for Rental scheme
If you have any further questions, you can email us by clicking the following link and we will respond to your query. Alternatively, you can call us on 038 249 918; 038 222 737 or attend one of our offices.