Govt Amends Rules on State-Owned Properties
The government has revised the regulations governing the use and privatization of state-owned properties, establishing the conditions under which entities holding contracts with a symbolic "1-euro" fee may request to purchase the asset, as well as the sanctions applicable if committed investments or job creation targets are not met.
These changes were introduced through two directives issued by the Ministry of Economy and Innovation - Directive No. 6 and Directive No. 7, both dated September 1, 2026. Directive No. 6 regulates the leasing and granting of emphyteutic rights for state-owned assets, while Directive No. 7 amends the procedures for their valuation, privatization, and sale.
Under Directive No. 7, entities that have acquired state-owned properties exceeding 500 square meters - whether through lease or emphyteusis contracts at the "1-euro/contract" rate - may apply to purchase them, provided the property is not classified as inalienable.
To have the request considered, the entity must have completed - within the contractual timeframe - "investments exceeding 5,000,000 euros and amounting to more than 750 percent of the value of the state-owned asset subject to the purchase request." Compliance with these conditions must be substantiated through contractual, financial, and technical documentation. According to Instruction No. 7, the purchase of the property does not exempt the entity from the obligation to fully implement the investment outlined in the business plan and the prior lease or emphyteusis contract. This obligation must be included in the sales contract and recorded as a restriction on the property title.
If the investor fails to fulfill this obligation, the instruction grants the Ministry of Economy the right to unilaterally terminate the sales contract. Furthermore, the buyer cannot transfer the property to a third party until the investment has been fully realized. The instruction stipulates that this prohibition "constitutes a statutory lien on the property" and must be recorded in the cadastre.
Meanwhile, Instruction No. 6 establishes specific rules for the implementation and monitoring of contracts involving the symbolic fee of 1 euro. For failure to realize the investment specified in the contract, the lessee or emphyteuta is penalized by an amount equal to 10 percent of the unrealized investment value, in accordance with Instruction No. 6.
The same instruction also imposes a penalty for failure to meet promised employment targets. Instruction No. 6 requires that realized investments be verified through reports from a statutory auditor and a real estate valuation expert, financial statements, and a joint monitoring report. Once the investment reaches the level specified in the contract, the release of the secured guarantee is approved. This same instruction also modifies the procedures for leasing or granting emphyteusis rights over state-owned properties. Following the announcement of the tender, "communication between the institution and the bidders, the management of documentation, and all procedural actions during the competition must take place exclusively via the institution's official electronic address."
Instruction No. 6 also establishes the method for calculating the minimum rate for state-owned properties. For buildings, the minimum monthly rate per square meter is set at 0.3% of the average residential sale price in the municipality where the property is located. In the example provided in the instruction regarding a 100-square-meter building in Tirana, the minimum obligation is calculated at Lek 37,295 per month.
Under Instruction No. 6, contract monitoring covers rent payments, late-payment interest and penalties, the implementation of investments, and employment levels. The responsible unit is required to prepare joint monitoring reports at least once every six months.





