On 21.01.2022, the Assembly of the Republic of Kosovo adopted Law no. 08/L-013 on Property Rights of Foreign Citizens in the Republic of Kosovo (the “Law”). The Law aims to regulate the property rights of the foreign natural and legal persons including creation, content, transfer, protection, limitation or retention pursuant to the requirements and procedures set out in the respective laws of the property rights or other rights.
In accordance with the principle of reciprocity and requirements specified in this law or other international agreements, foreign legal and natural persons are entitled to be holders of property rights in the territory of the Republic of Kosovo. Ministry of Justice shall determine the reciprocity and shall maintain a database on the reciprocity with particular countries in relation to ownership rights of foreigners to immovable property.
The Law provides that foreign legal and natural persons may acquire property rights over immovable property by virtue of a valid legal transaction, inheritance, decision of a state body or other valid ways of property acquisition as provided by law. Additionally, EU Member State citizens and legal persons established under the law of an EU member state, may be holders of ownership rights over immovable property under the same conditions as the citizens and legal entities of Kosovo.
With regard to ownership rights over movable property, the Law provides that the conditions provided for the citizens and legal entities of Kosovo, shall also apply to foreign persons and entities.
Despite the above, foreign persons may not hold property rights on the following public property:
- Natural resources;
- Public goods for general use;
- Agricultural land in public ownership;
- Forests and forestry lands in public ownership;
- Movable or immovable public property announced a cultural heritage of special significance;
- Immovable property which is located within the radius of 1 kilometer from the border;
- Immovable property which is located in the area which presents protection of the interest and security of state and to which, by a separate law, foreign citizen shall not have the ownership right;
- Immovable property in public ownership which, based on the applicable laws, cannot be transferred to private ownership of Kosovo citizens.
Nevertheless, a foreign natural person may acquire ownership rights over agricultural properties, forests and forestry lands with an area of up to 5000 m2 if the subject of agreement relates to residential building located in that area. A foreign person may also have the right to long-term rent, concession and other agreement over immovable properties (listed in points 1 to 6), under the same conditions as national persons.
Finally, the Law stipulates that the same procedure for registering property rights in the Immovable Property Rights Register applies to both Kosovo and foreign citizens.
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