Thirty-three important points in the new law requiring official registration of real estate transactions
The first part
1. One year after the official launch of the unofficial document management system, any legal action that leads to the transfer of ownership or usufruct of immovable property must be registered in the electronic document registration system. Otherwise, claims related to such transactions will be inadmissible and void.
2. The lawsuit to enforce the cancellation of registered transactions of immovable property is accepted if an official declaration is sent within 15 days after exercising the right of cancellation and the lawsuit to enforce the cancellation is filed within 15 days after that.
3. Unregistered documents of immovable property transactions will not be accepted in executive bodies, and only the owner is recognized in whose name the property has been registered in the country’s property and documents registration organization.
4. Real estate brokers are obliged to enter the draft contract in the electronic document registration system after the preliminary negotiation and reflect it to the notary offices. This does not prevent people from going directly to notary offices.
5. The tariff of real estate brokers should be determined based on criteria such as the percentage of real estate transaction value, the volume of draft contracts registered in each region, and determining the ceiling of the received tariff.
6. Notaries are required to calculate and receive transfer tax based on transaction value when registering any real estate transfer. Also, calculate and receive the transfer tax of the right to transfer the premises (such as the right to trade and occupation) based on the funds declared by the owner.
7. The social security organization must announce the amount of debt of the person transferring the property by connecting to the electronic document registration system so that it can be collected by the notary offices. Otherwise, the notary is obliged to prepare the official document of property transfer, and in this case, the transferee and the notary are not responsible for the debt.
8. The executive bodies, whose opinion is subject to the transfer of the property, must be connected to the electronic document registration system and announce the answer to the inquiry instantly. If the answer is not announced, the notary is authorized to draw up the official property transfer document.
9. The notary offices must deposit the government and public funds collected through the electronic system approved by the organization to the designated accounts with the treasury of the country.
10. Judicial authorities, competent commissions and councils that are appointed to deal with real estate matters, are obliged to announce decisions and final votes related to the creation or revocation of concrete rights through the system to the country’s real estate registration organization. Violation of this ruling will lead to conviction.
11. Any disregard by judges or government officials to the provisions of official documents will result in their being sentenced to one of the sixth degree punishments. Also, in case of damage to the holder of the official document, the offender is responsible for compensation.
This law is about organizing unofficial documents for immovable property (real estate). Some of the main points are:
12. Creating a system for registering ownership claims on immovable properties that do not have official documents.
13. Ownership claimants must register their documents in this system and proceed to receive the official ownership document.
14. If the claimants do not act within the specified time, their claims against the government and public properties will not be valid.
15. The courts should accept the claim for the daily price of immovable property if there are fake documents or conflicting transactions.
16. The inclusion of claims in the system depends on providing accurate geographic information and authentication.
17. Claims are processed based on existing laws and require inquiries from the Ministry of Jihad, Agriculture or Roads and Urban Development.
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This post is written by shadmanamini