By Majlinda Karaj, Associate, Lalaj & Partners
On August 25, 2025, the National Council of Territory and Water (KKTU) approved Decision No. 01, which sets forth the procedures for on-site verification of properties registered with the cadastral designation “orchard” or “olive grove” as part of the review process for development and construction permit applications.
What this Decision provides:
If the proposed projects are located on properties registered as “orchard” or “olive grove” but where on-site verification shows that no orchards, fruit trees, or olive trees exist, the applicant must submit to the Territorial Development Agency (as the Technical Secretariat of the KKTU), the Ministry of Agriculture and Rural Development, and the relevant local self-government unit, the following documentation:
- on-site inspection report documenting the actual condition of the land surface categorized as olive grove or fruit tree plantation, accompanied by photographs of the existing condition. The report must be prepared by a surveyor, who certifies that the inspected property matches the one identified in the ownership documents, and by an agronomist, who verifies the actual presence or absence of fruit tree plantations or olive trees.
- joint notarial declaration between the developer and the expert who prepared the on-site inspection report.
Timeframes for on-site verification:
- For areas up to 0.1 ha, confirmation of the actual condition of properties declared as having no orchards/fruit trees is carried out by the relevant agronomy specialist of the local self-government unit, within 5 working days.
- For areas over 0.1 ha, confirmation of the actual condition of properties declared as having no orchards/fruit trees is carried out by the agronomy specialist of the local self-government unit and the agronomy specialist from the relevant Regional Agricultural Extension Agency, within 5 working days.
- For areas up to 0.1 ha, confirmation of the actual condition of properties declared as having no olive trees is carried out by the agronomy specialist of the local self-government unit and the agronomy specialist from the relevant Regional Agricultural Extension Agency, within 5 working days.
- For areas over 0.1 ha, confirmation of the actual condition of properties declared as having no olive trees is carried out by the agronomy specialist from the relevant Regional Agricultural Extension Agency and the relevant specialist from the Ministry of Agriculture and Rural Development, within 5 working days.
Once confirmation is completed, the Technical Secretariat of KKTU may proceed with the necessary procedures for issuing the development or construction permit. This Decision enters into force immediately upon signing by the Chairman of the National Council for Territory, the line ministry, the members, and the secretary of the KKTU.
Originally published on CEE Legal Matters on September 24, 2025.