This decision is based on the Constitution of the Republic of Kosovo and the Declaration of Independence of the Republic of Kosovo, dated 17 February 2008, wherewith the Republic of Kosovo was declared an independent and sovereign state. As an independent state, and according to the rules of international law, the Republic of Kosovo has automatically inherited ownership of state property of Yugoslavia and Serbia as defined in the decision of the Government of the Republic of Kosovo. This has been confirmed by the Comprehensive Proposal for the Kosovo Status Settlement ("Ahtisaari Plan"), which has been incorporated as an integral part of the Constitution of the Republic of Kosovo. According to this document, “movable and immovable property of the Federal Republic of Yugoslavia or the Republic of Serbia located within the territory of Kosovo at the time of this Settlement shall pass to Kosovo” (Article 8.3). Considering that the Comprehensive Proposal for the Kosovo Status Settlement entered into force upon entry into force of the Constitution of the Republic of Kosovo, then movable and immovable property of Yugoslavia and Serbia located within the territory of Kosovo shall automatically pass to the Republic of Kosovo.
For this reason, the Decision of the Government of the Republic of Kosovo only requires the rectification of cadastral records so that they reflect the legal situation created automatically upon the entry into force of the Constitution of the Republic of Kosovo. The Decision shall be implemented by the Kosovo Cadastral Agency in accordance with the applicable laws.

Ministry of Justice would like to clarify to the public opinion that the need for the rectification of cadastral records has emerged in 2014 when the Ministry of Justice began the process of drafting a concept paper on the law on public property. The concept paper discussed the need to define the issue of state succession of immovable property of Yugoslavia and Serbia.

The issue of state succession of immovable property and rectification of cadastral records in order for Kosovo to be registered as the owner of properties still registered in the name of Yugoslavia and Serbia, was raised again during the consultation stage of drafting the strategy on property rights in Kosovo. This process began in 2015 and was led by the Ministry of Justice with the support of USAID. In the context of the first thematic group, which was responsible for analysing legislation regarding property and legal rights in Kosovo, the problem of property registered in the name of Yugoslavia and Serbia was identified and it was recommended that this property be treated according to the international law. The Working Group highlighted that the fact that in Kosovo there is still immovable property which, despite the rules of international law, is registered in the name of Yugoslavia and Serbia affects public property of the Republic of Kosovo, creates legal uncertainty and impedes the use of these properties for the needs of economic and social development of Kosovo. The relevant analysis and the recommendation later became part of Kosovo National Strategy on Property Rights, which after being finalized by the Ministry of Justice was adopted by the Government in December 2016.

During the adoption of this strategy, namely in October 2016, the Ministry of Justice already started consultations with the Kosovo Cadastral Agency and the Privatization Agency of Kosovo for the identification of properties still registered in the name of Yugoslavia and Serbia and which should be passed in the name of the Republic of Kosovo. The Kosovo Cadastral Agency presented a list which was reviewed by the Privatization Agency of Kosovo in order to exclude social property under the administration of the Privatization Agency of Kosovo. After clearing the list and preparing the draft-decision, the Ministry of Justice in November 2016 submitted the decision to the Government. Following its review, the Government requested that the list be supplemented with more factual data regarding the parcels in question and therefore returned it to the Ministry of Justice for review. The decision was reviewed by the Ministry of Justice and the list was completed by the Kosovo Cadastral Agency, and later both were submitted to the Government, which in March 2017 adopted the Decision.