On December 4^th 2001, a number of amendments were introduced by the High Representative to the property legislation in both entities. The aim of the amendments is to clarify parts of the law in order to speed up the repossession process, and to make more alternative accommodation available for those who might need it.  The amendments were drafted in close partnership with the relevant ministries from both entities, the State Ministry of Human Rights and Refugees, as well as UNHCR, OSCE, CRPC and UNMIBH, and contain suggestions from many housing offices, DP and refugee associations. 

This leaflet outlines some of the changes that affect you as a claimant or current occupant.

ALTERNATIVE ACCOMMODATION                              

Provision of alternative accommodation is the responsibility of the responsible authorities.  It is a short-term solution for those who are waiting to repossess their property and who have no means to solve their own housing problem. The standard of alternative accommodation is understood to be one or more rooms, with at least 5m² per person, which protects you and your belongings from the elements.

REMEMBER: If you are entitled to alternative accommodation but the housing authorities do not provide it, then their failure to fulfil their obligations does not delay the return of the pre-war owner/occupier to the apartment/house where you are currently living. 

DO YOU HAVE THE RIGHT TO ALTERNATIVE ACCOMMODATION ?

The amendments to the property laws clarify who has the right to alternative accomodatiom.

Have a look at the following changes – check carefully if they affect you.

You do not have the right to alternative accommodation if you don’t take all possible steps to try and repossess your pre-war home.  Under these new amendments, you will lose the right if you do not do the following:

·         submit a claim for the return of your private property by February 28, 2002*;

·         submit a request for enforcement of any decision you have received for the return of your property issued by the responsible housing body or by CPRC, by February 28 2002*, or within 60 days of receiving it**.

*Within 60 days of the amendments coming into force. The amendments to the property laws were gazetted on 21 December, 2001 in the FBiH and RS official gazettes and come into force 8 days after gazetting i.e. 29 December, 2001.

** If you don’t submit a request for enforcement of a decision or a CRPC decision then your pre-war socially-owned apartment may be used, temporarily, as alternative accommodation.

You also do not have the right to alternative accommodation if your housing needs can be met through your family household, your own means, or as a result of assistance you received i.e.

·         If you voluntarily sold or exchanged your private property after 1991;

·         If you have refused an offer of alternative accommodation or reconstruction aid;

·         If the occupancy right holder/owner has provided you with basic accommodation as a tenant for at least 6 months, either in the municipality (RS) or canton (FBiH) where are you living or another municipality if you agree;

·         If you have other basically habitable property to go to, specifically:

-          if you have parents, spouse, children or another family household member who has accommodation in the entity where you live as a displaced person or in the city or municipality where you lived in 1991, regardless of whether or not you lived with them in 1991, or

-          if you or your family household member can repossess their 1991 home (house or apartment), and make it habitable with minor repairs,

Note: under the new amendments family household means not only those members from 1991, but also any spouse, parents, children; or anyone else who lived with the temporary user since 1991 as a registered member of the family household.

·         If you have means to provideforyourownaccommodation. Specifically, the law now clearly defines the minimum means/income threshold as one quarter of the consumer basket per family member, increased by 200 KM for rent (this will be approximately 680 KM for a 4 member family).  “Means” can be income or also assets.

·         If you have been allocated a land plot and decide to keep it  i.e. 

-          If you have been allocated a land plot since April 6, 1992, but the municipality has not requested a waiver from OHR, then you must decide by 28 February, 2001* if you will return this or not. If you don’t return it in that period then you will be considered to have your housing problem solved. You will immediately get a decision that you have to move out of the property you are temporarily occupying, and you will not have the right to alternative accommodation.

-          If the municipality has requested a waiver from OHR, then you still have to decide to return it or not 28 February, 2001*, or within 60 days of coming into possession of the plot, whichever is the later date. However, if you decide to keep , you will have 150 days (5 months) to build on the land (from the date your possession of the landplot is confirmed). After that you will immediately get a decision that you have to move out of the property you are temporarily occupying, and you will not have the right to alternative accommodation.

·         If you have received housing credits, building material, or any other form of housing construction/purchase assistance:

-          If you received the assistance outlined above more than 150 days (5 months) ago, you must decide to keep or return this assistance by 28 February, 2001*. If you don’t return it by 28 February, 2001* then you will be considered to have your housing problem solved/housing needs met. You will immediately get a decision that you have to move out of the property you are temporarily occupying, and you will not have the right to alternative accommodation.

-          If you received such (this type of) assistance less than 150 days (5 months) ago then you must decide to keep it or return it either by 28 February, 2001*, or within 60 days of the date you received the first instalment, whichever is the later date.If you decide to keep it then you will have a total of 150 days (5 months) from the date you received the first instalment to make use of it. After that you will be considered to have your housing needs met, you will immediately get a decision that you have to move out of the property you are temporarily occupying, and you will not have the right to alternative accommodation.

Finally, you are also not entitled to alternative accommodation if:

·         If you were a subtenant in 1991

·         If you made but later withdrew a claim for repossession of your pre-war home.

REMEMBER: If you are a temporary occupant and one of the above categories applies to you then you do not have the right to alternative accommodation.  You will automatically get a 15 day decision.  If you don’t move out of the property that you are currently occupying by the date in the decision, you may, according to the new amendments, be fined up to 5000km.

WHERE CAN ALTERNATIVE ACCOMMODATION BE PROVIDED ?

According to the new amendments, there are two changes/clarifications: 

·         Alternative accommodation can now be provided not only in the municipality where you are living but also in any municipality in the canton in which you are currently living, in the FBiH, and in any neighbouring municipality in the case of the RS.  

·         If your pre-war home is occupied or damaged, but will soon be repaired or vacant, you now have the possibility of requesting that the responsible housing body in you pre-war municipality provide you with alternative accommodation.

Note: Regardless of where the alternative accommodation is provided, it remains the responsibility of the responsible housing authorities where you are currently living as a DP.

PROPERTY CLAIMS

If your pre-war socially-owned apartment was devastated and uninhabitable at the time when the deadlines for submitting claims for the repossession of the apartment expired (October 4, 1999 in the Federation of BiH i.e. April 19, 2000 in the Republic of Srpska) and you have not submitted the claim for its repossession - you have a chance to do so now.

According to the amendments, if your apartments falls into this category, you have until July 1,2002, to file a claim with your municipal housing authority (FBiH) or OMI (RS) to repossess it.

Your claim for return now can’t be rejected on the basis of application of the law on Housing Relations (except if you weren’t a member of the family household on April 30, 1991) - nor on the basis that you accepted/received foreign citizenship after  April 30, 1991.

If you received a positive decision against which temporary occupant appealed but the second instance body hasn’t brought/issued the decision within the deadline then your first (original/initial) decision will be considered final.

REPOSSESSING YOUR PROPERTY

The deadline for picking up the keys to a socially owned apartment is now 30 days (and not 90 days) from receiving written notification that it's vacant.  

You or your family household member or your proxy can now pick up the keys, but if you don't do it within the 30 day deadline you won’t lose your occupancy right but your apartment may be temporarily used as alternative accommodation.

EXCHANGES 

If you have already exchanged your apartment or property then you should be aware of some changes resulting from the amendments to the property laws:

·         If you exchanged your pre-war apartment but didn't file a claim for repossession and the other party to the exchange did, then, according to the new amendments of the property laws, it's now considered that you also filed a claim, within the deadline.

·         In the case of a dispute about an exchange of property, the competent body will suspend the processing of any property claim that has been made and send the case to the competent court.

·         If you exchanged an apartment in one of the former Yugoslav republics for an apartment in BiH and the former ORH claimed back the flat that you got in the exchange, then, if they dispute the validity of the exchange, it’s (now) their obligation to prove that you can (still) freely access your pre-war/previous property outside BiH.

Requesting enforcement of CRPC Decisions:

The request for enforcement of a CRPC decision confirming occupancy right MUST be submitted within 18 monthsfrom the date when the CRPC decision was issued otherwise you risk losing your occupancy right!

If a request for enforcement of the CRPC decision is submitted by a person not named (in the preamble of the decision) as the one who requested the decision to be issued or (in the dispositiv/main part of the decision) as the occupancy right holder, then in accordance with the new amendments it is the administrative body, competent for enforcement of the CRPC decision, who decides if s/he can be considered a member of the family household of the occupancy right holder identified in the decision, and therefore has the right to seek repossession of the apartment through enforcement of the CRPC decision.

Property exchanged/sold after April 1, 1992 and the enforcement of CRPC Decisions:

If you exchanged or bought a property, which is the subject of a request for enforcement of a  CRPC decision, the competent administrative body will direct you to initiate a court proceeding to prove that the transfer of rights to you was carried out voluntarily and legally after April 1, 1992 the date referred to in the CRPC decision.

In accordance with the new amendments, the competent court may make a specific order to suspend the enforcement proceeding before the responsible administrative body pending the court’s decision if you can:

1. show evidence of a written contract on the transfer of rights in accordance with law and
2. irreparable damage to you  if the enforcement proceedings continued.