FAQ: PLACING PROPERTY UNDER HPD-ADMINISTRATION

 

• Can I place my property under HPD-administration?

This option is available to property right holders who, as a result of the conflict in 1999, are not able to return to their residential property.  By requesting the HPD to administer the property, the property right holder grants the HPD possession of the property until such time as s/he gives notice to the Directorate of his/her intention to return into possession of the property.

By requesting the HPD to place your property under administration, the HPD will know who is residing in the property.  At any given time you can give notice of your intent to return to your property.  Please note that repossession cannot take place immediately if the HPD has granted a temproary permit to someone to occupy the property.In this regard, Section 12.7 of UNMIK Regulation 2000/60 provides that  "...following a request from the owner or occupancy right holder, the Directorate will deliver an eviction order requiring the current occupant to vacate the property within 90 days."

Administration by the HPD provides you with the opportunity to take time to decide on what you should do with your property.  In addition you may be helping people who are in need of temporary accommodation.

Claimed properties as a general rule cannot be placed under HPD administration.  If you wish to request administration before your claim has been decided, you must withdraw the claim.  You should be aware that once you withdraw your claim, it will never be presented to the Commission and you will never receive a decision regarding your property right. 

The return of administrated properties does not confer any property right.  In taking a property under its administration, the HPD is making no determination that you are the legitimate property right holder.  You must still demonstrate that you have a right to the property before the HPD can release a property under its administration to you.  Even then, at that time, the HPD will not certify any property right.

If your claim is successfully decided, the HPD can at your request place the property under its administration and return it to you later with the rights already certified by the Commission.