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Article 21
Agencies of local governments shall prohibit, within their respective jurisdictions, the
occupation or usage of land that is in contravention with this Law or other respective sublegal
acts.
The eldest of the village, the land distribution commission for the time it is
functioning, cadastral officials, urban planning officials, and police officers are all required to
make denouncements when they observe physical or juridical persons occupying, damaging,
or constructing land contrary to this law.
Owners and users of land who have already received the tapi for the land have the
right to make denouncements concerning violations of the Law.
Denouncements are made by declaration submitted, within 2 days, to the council of
the commune or municipality wherein the violation has taken place.
The council of the commune or municipality must then be assembled within 15 days
after receiving such denouncement, to decide for either:
a) the release and return of land to its former condition within 3 days;
b) the destruction of the object constructed illegally within its territorial land and the
return of the land to its former condition within 5 days;
c) a fine of 5 lekë per square meter; or
ç) compensation for the economic damage caused, to the physical or juridical person
who owned the land or had been lawfully given the land for use.
Items "a" and "b" must be applied in situations where there is a modification of the
cadastral item as agricultural land. In these situations, the offender has to meet the
expenditure for the return of the land to its prior condition. Items "c" and "c," must be applied
in cases of illegal occupation of land for agricultural purposes.
When this land has not been distributed, the compensation is given to the municipality
or commune.
The decision of the council for the commune or municipality is a final executive order.
For the execution of the council’s decision according to points "c" and "ç", when the
offender does not pay the fine voluntarily, the enforcement office at the district court is
charged to make the execution of the decision within 15 days.
Institutions of public order, in their respective jurisdictions, are obliged to execute the
decision of the council of a commune or municipality within 5 days.
When the offender is a resident of another jurisdiction, then the bailiff of the court of
the district where the offender is resident is required to execute the decision.
The Ministry of Justice is obliged to hire enforcement officers as needed in each
district in order to properly execute decisions.
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