Buying Off-Plan Property in Albania

Andoni Law & Tax reviews off-plan and under-construction property purchases in Albania for foreign buyers, acting only for the buyer and independently of the developer, the agency and any professional proposed by the seller.

An off-plan purchase carries risks that do not exist when buying a completed and registered property. The building does not yet exist, the unit is not yet registered in the cadastre, and the buyer usually pays in instalments before receiving title. What protects the buyer is the contract and the legal position of the developer.

What an Off-Plan Legal Review Covers

Depending on the project and the documents available, the review may include:

• verification of the developer company: registration, legal status and representation
• ownership of the land on which the project is being built
• the legal relationship between the landowner and the developer
• the construction permit and related approvals
• cadastral documentation for the land and, where issued, for the units
• mortgages, encumbrances or enforcement measures affecting the project
• the reservation agreement and the preliminary purchase agreement
• the payment schedule and what each instalment is linked to
• completion deadlines, penalties and remedies for delay or non-performance
• the conditions for the return of amounts already paid
• the share of the underlying land transferred together with the apartment
• the steps required for final registration in the buyer's name

Independent of the Developer

In many off-plan transactions the contract is prepared by the developer and the buyer is introduced to professionals suggested by the seller or the agency. Those professionals are not engaged by the buyer and do not act in the buyer's interest.

Andoni Law & Tax is engaged by the buyer only. We review the documents in the buyer's interest, identify clauses that shift risk onto the buyer and propose the amendments to be negotiated with the developer.

Before You Pay a Reservation Fee

Reservation fees and deposits are often requested before any legal review takes place, and amounts already paid may be difficult to recover if problems are identified later.

We recommend that the legal review is completed before signing any agreement or transferring any amount, including a reservation fee.

Buying From Abroad

An off-plan purchase can normally be completed without travelling to Albania, through a specific power of attorney prepared for the transaction and legalised or apostilled in the country where it is signed.

We prepare the power of attorney, explain the notarisation and legalisation steps and can represent the buyer through to signature and registration.

Frequently Asked Questions About Buying Off-Plan Property in Albania

Is buying off-plan in Albania riskier than buying a completed property?

It carries different risks. The unit does not yet exist and is not yet registered, so the buyer's protection depends mainly on the contract and on the legal position of the developer and the land.

Can the developer's contract be changed?

Contract terms can normally be negotiated. Whether the developer accepts a proposed amendment depends on the project and the negotiation, but the buyer should know which clauses create risk before signing.

Do I receive a share of the land together with the apartment?

The transfer of a share of the underlying land is an important point that should be addressed expressly in the contract. Where the contract is silent on it, we raise it with the developer before signing.

What happens if the project is delayed or not completed?

This depends on the deadlines, penalties and the termination and refund clauses agreed in the contract, which is one of the main reasons to review the agreement before payment.

Can I buy off-plan without coming to Albania?

In most cases yes, through a specific power of attorney. The document must be notarised and legalised or apostilled abroad and officially translated into Albanian.

Buying an Off-Plan Property in Albania?

Contact Andoni Law & Tax to review the developer, the permits and the purchase contract before you sign or pay a reservation fee.

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