The auction announcement and the information about the state properties to be privatized are published at least 30 (thirty) days before the auction day on the official website of the State Service for Real Estate Affairs under the Ministry of Economy (www.emlak.gov.az) and in the press. On the privatization portal (www.privatization.az), it is possible to get acquainted with photos and textual information reflecting the current state of state properties put up for auction. Those who want to participate in the privatization can make a choice, register, pay a deposit of 10% of the initial auction price of the state property and get the status of a customer no later than 3 bank days before the date of the auction. On the day of the auction, customers are ensured to participate in privatization both by coming to the Real Estate Services Center and by using electronic resources.
It is prohibited to use agricultural land plots outside of their intended purpose. The construction of individual residential houses on agricultural land is considered illegal. According to the Land Code of the Republic of Azerbaijan, agricultural lands are lands intended for agricultural needs. It is possible to install communications, temporary buildings and facilities in accordance with relevant environmental and technical requirements, which are important for the efficient organization of agriculture, on those lands. Only private residential houses built on land designated as "Residential areas" are registered in the state register.
Auctions for ordered properties are held in the districts and cities where they are located. During the auction, participants can join the auction from their location through the online auction, in addition to going to the respective addresses. Both live and online auctions are conducted on one system. To join the electronic auction, when the auction starts, you need to enter the Electronic Services Portal of the Real Estate Affairs State Service (www.e-emlak.gov.az) and select the "Electronic auction" service from the list of electronic services provided. It is possible to enter and participate in the auction based on the information provided by the Auction Center for the Organization of Auctions during the auction registration.
A document confirming the right of ownership, lease or use of the land on which the non-residential area is located is required after the implementation of the Urban Planning and Construction Code of the Republic of Azerbaijan (January 1, 2013). The documents required for the non-residential area include the decision to grant a construction permit, the architecture-planning section of the construction project, and the permit documents for the operation of the construction object. You can apply to the relevant regional office of the State Registry Service.
Owned and leased land should be used only for its intended purpose. Otherwise, in accordance with Article 247 of the Code of Administrative Offenses, for using the land for other purposes that do not correspond to its intended purpose - natural persons shall be fined in the amount of three hundred manats, officials in the amount of six hundred manats, and legal entities in the amount of three thousand manats.
For committing the offense provided for in Article 247.1 of this Code in relation to agricultural lands - natural persons shall be fined in the amount of five hundred manats, officials in the amount of 1000 AZN, and legal entities in the amount of five thousand manats.
In the case of not participating in the auction, participating and not winning, or refusing to participate in the auction after placing an order and wanting to cancel the order, the bet in the amount of 10% of the initial auction price of the state property is returned. For this, it is necessary to apply to the State Service for Real Estate Affairs under the Ministry of Economy with a notarized application and indicate the bank account in that application. At the same time, the speed of the identity document and the speed of the receipt reflecting the paid amount should also be attached to the application. The amount paid for Beh is transferred back to the person's bank account.
In the SMS notification, the register and registration numbers of the extract, as well as a link to the description of the electronic extract, are sent. A description of the Electronic extract can be obtained by visiting that link. In order to view the description of the statement, one must enter the Electronic Services Portal of the State Service of Real Estate Issues (www.e-emlak.gov.az) and select the electronic service "Verification of electronic statement" from the list of electronic services provided. After entering relevant information in the "Registration number" and "Register number" fields in the opened window, click the "Search" button. As a result, the electronic output is reflected on the screen.
Auctions for the city of Baku are held at the Real Estate Services Center of the Real Estate Affairs State Service located at 20 Khalil Rza Ulutürk, Nizami district, and regional auctions are held in the administrative building of the regional departments of the Real Estate Affairs State Service.
First of all, it should be clarified whether the ownership right of the LLC on the building where the apartment is located is registered in the state register of real estate. If there is an extract in the name of the MMC for the building, there must be a notarized purchase and sale agreement between the MMC and the apartment owner. After that, based on that contract, the apartment owner can get an extract in his name.
First of all, it should be clarified whether the building constructed by MTK is accepted for operation (whether there is an act of acceptance for operation or not). If the building has been put into operation, there must be 2 documents to obtain an extract from the state register:
Decision of the general meeting of the members of the MTK on granting the apartment; )
In order to obtain a reference on the availability of real estate in the Republic, it is necessary to approach the Real Estate Services Center or the territorial office of the State Registry Service of Real Estate in the relevant (emlak.gov.az), it is possible to obtain a certificate on the presence of real estate in the name of the person by entering the electronic service "Receipt of real estate availability" in the 15th row.
In accordance with Article 6.2 of the Law of the Republic of Azerbaijan "On the Management of Municipal Lands", a decision of the Municipality on the allocation of a plot of land for the purpose of building a residential house and a purchase and sale agreement (drafted by act) are required. After 01.12.2007, the auction protocol and the purchase and sale agreement concluded in accordance with the results of the auction are required. ) or can approach the regional office of the State Registry Service of Real Estate.
According to Article 2.1 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", state registration of ownership and other material rights to real estate in accordance with the Civil Code of the Republic of Azerbaijan. is a legal act of recognition and approval by
Property and other property rights, including easement, usufruct, mortgage, trust management, rent, leasing, right of inheritance to construction, etc., are registered in the state register of real estate. rights are registered.
The legal validity of the state acts, certificates and registration cards issued by the bodies that registered the rights of individuals and legal entities over real estate (for example, the State Land and Mapping Committee, the State Construction and Architecture Committee, etc.) in the period up to July 6, 2006 is storage. According to Article 4.1 of the Law of the Republic of Azerbaijan "On the State Register of Immovable Property", the state registration of rights to immovable property carried out by separate registration bodies until July 6, 2006 retains its legal force.
In accordance with Article 5.1 of the Law of the Republic of Azerbaijan "On the State Register of Immovable Property", references from the state register on the description of immovable property, state registered rights and their limitation (encumbrance) to the right holder, a person represented by him, a law or a will to the property of the right holder based on their written or electronic applications.
At the same time, according to Article 5.1-1 of the same law, it cannot be transferred to state bodies, municipalities and other persons in connection with the performance of the powers provided for in the law. The information of the state register of property is provided on the basis of justified written requests. Data of the state register of immovable property is provided to municipalities in the manner determined by the relevant executive authority and on the basis of payment.
In accordance with Article 5.3 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", a certificate from the state register on the description of real estate, state registered rights and their limitation (encumbrance) is issued within 1 working day.
In accordance with Article 9.2 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", rights over real estate are registered within 10 working days from the date of submission of the application. The period of registration of rights over real estate may be extended up to 5 working days by the registration body in connection with the performance of surveying and inventorying works necessary for the registration of ownership and other property rights over real estate.
In accordance with Article 20.3 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", the state registration of the mortgage is carried out within 3 working days from the day the application is submitted to the registration body.
The state registration of the mortgage is carried out on the basis of a notarially approved contract on real estate mortgage.
In accordance with Article 10.1 of the Law of the Republic of Azerbaijan "On the State Register of Real Estate", the surname, first name, patronymic, address, identity document of the natural person who acquired the right in the application, and the full name, address, registration certificate of the legal entity, executive authority the full name and address of the body, the content of the request and the attached documents must be indicated.
The grounds for refusing state registration of rights are defined by Article 15 of the Law "On the State Register of Real Estate". They are as follows:
According to Article 2.3 of the Law "On the State Register of Real Estate", registered rights over real estate can be contested, and according to Article 2.4, disputes related to the state registration of rights are resolved in court.
According to Article 11.1 of the Law "On the State Register of Real Estate", documents confirming the existence, acquisition, transfer, restriction (encumbrance), and termination of rights must comply with the requirements established by law for state registration of rights.
According to Article 11.2 of that law, the texts must be clearly written in the submitted documents, and the names of legal and natural persons must be indicated in full. Documents with mutilated, later added, deleted words and other unauthenticated amendments, as well as documents damaged to the extent that their content cannot be clearly understood, are not accepted for state registration of rights.
In accordance with Article 12.1 of the Law "On the State Register of Real Estate", the formation and transfer of ownership and other property rights to real estate is formalized by an extract from the state register submitted electronically by the registration body.
In accordance with Article 19.1 of the Law "On the State Register of Real Estate", the right to rent or use real estate with a term of more than eleven months is registered with the state. An application for state registration of the lease or use right can be submitted by one of the parties to the real estate lease (use) contract. The right to lease (use) over immovable state property is registered in the state register based on the application of the relevant executive power body that has the right to conclude a lease (use) contract over immovable state property.
According to Article 19.2 of that law, when a plot of land or an underground area is leased (for use), a plan of the land plot and an underground area is added to the contract submitted for registration.
In accordance with Article 19.3 of the Law, when the right under the contract for the lease of a building, facility, house, apartments, rooms located in a building or a house is registered with the state, a plan of the leased areas is submitted with the location and dimensions.
According to paragraph 4.2 of the Decree of the President of the Republic of Azerbaijan No. 1142 dated August 18, 2020, any other document (reference from the police authority, announcement in the newspaper) regarding the lost, destroyed or rendered useless paper extracts only on the basis of the application of the right holder and an extract is drawn up in electronic form and submitted to the right holder electronically without requiring payment.
According to Article 48.3 of the Land Code of the Republic of Azerbaijan, foreigners and stateless persons, foreign legal entities, international associations and organizations, as well as foreign states can acquire land plots in the Republic of Azerbaijan only on the basis of lease. In addition, in 3 cases, foreign legal entities and individuals can acquire ownership rights over land in Azerbaijan, but they must alienate that right for a period of 1 year. This provision is reflected in Article 49.4 of the Land Code. Thus, in accordance with the mentioned article, the ownership rights of land plots transferred to foreign legal and natural persons as a result of inheritance, donation and mortgage contracts are alienated for a period of one year in accordance with the legislation of the Republic of Azerbaijan. If foreign legal entities and individuals do not expropriate the property rights on the plot of land in accordance with the legislation, the relevant executive authority or municipality shall compulsorily purchase the plot of land in accordance with this Code.
Categorization of lands is determined according to Article 9 of the Land Code of the Republic of Azerbaijan. All the lands located within the borders of the Republic of Azerbaijan constitute its single land fund and, in accordance with their intended purpose and legal regime, include agriculture, lands of residential areas (cities, towns and rural settlements), industrial, transport, communication, defense and other designated lands, special lands of protected areas, forest fund lands, water fund lands and reserve fund lands are divided into categories.
Categorizing lands and transferring them from one category to another is in accordance with paragraph 3 of Article 9 of the Land Code of the Republic of Azerbaijan and "Rules for categorizing lands and transferring them from one category to another" approved by the decision of the Cabinet of Ministers dated January 20, 2017 No. 10 ” is carried out according to
Categorization of lands and their transfer from one category to another in relation to state-owned lands - relevant state organizations or relevant local executive authorities, in relation to municipally-owned lands - relevant municipalities, in relation to privately-owned lands - relevant documents and relevant institutions by land owners it is carried out by submitting a petition before the Cabinet of Ministers.
Consideration of petitions on the basis of classification of lands and their transfer from one category to another is refused in the following cases:
when the petition is filed by subjects who do not comply with the requirements of the "Rules for classification of lands and their transfer from one category to another";
br />in the petition, the territorial unit where the proposed land plot is located, the category it belongs to, the category to which it is intended to be held, justification for the holding, cadastral number, area size, purpose, legal regime, whether it is owned, used or leased, if it is intended for agriculture if the location (ugodiy) of the land, information on whether it is irrigated or uncultivated, and the specific directions of planned use are not indicated;
if the documents attached to the petition do not meet the requirements of paragraph 3.2 of the "Rules for assigning lands to categories and transferring them from one category to another";
when changing the category of the land area is prohibited by law;
if the interests of the neighboring land areas are affected, the position of the legal owners of the neighboring land areas is not taken into account; if it is not compatible with the communication security systems;
if it is not considered appropriate to change the category of the land area in terms of the perspective of the macroeconomic development of the republic.
Lands belonging to aquaculture farms are kept in the land category they belong to and are not transferred to another category. The sale, mortgage (mortgage) and other transactions that lead to and may lead to the expropriation of forest fund lands, as well as land that results in its use for other purposes, are not allowed to be assigned to categories and transferred from one category to another.
According to the II State Program of the privatization of state property in the Republic of Azerbaijan, concessional sales to members of the labor collective and persons considered equal to them are carried out within 25 days.
According to the "Rules for the sale of state property through auctions", the winner of the auction must transfer the funds to be paid to the account specified by the seller no later than 30 (thirty) banking days after the conclusion of the purchase agreement. If the buyer does not pay the specified amount within the specified period, the purchase and sale contract is considered null and void, the deposit is not returned and the full amount is transferred to the state budget.
In accordance with the civil and land legislation, an appropriate contract is concluded between the legal or natural persons who won the competitions and auctions and the relevant municipality in relation to municipal land, and the State Agency for the Organization of State Land Management under the State Service for Real Estate Issues in relation to state land (October 23, 2003) Decree No. 972 dated
A plot of land for the construction of a private house is allocated to the citizens of the Republic of Azerbaijan, who live permanently in the territory of the municipality and at the same time are registered as a place of residence for at least five years, within the limits specified in Article 8.0.1 of the Law of the Republic of Azerbaijan "On the Management of Municipal Lands".
- to a citizen who has been given a plot of land for the construction of a private residential house, the plot of land can be sold for the second time for that purpose only after five years (Law No. 274-IIQ dated March 15, 2002).
For the construction of an individual residential house, plots of land are given to the ownership of citizens of the Republic of Azerbaijan from the reserve fund of municipalities. Allotment of plots of land to citizens of the Republic of Azerbaijan, who live permanently in the territory of the municipality and are registered at the place of residence for at least five years, is given directly by the municipalities based on the citizens' request. In other cases, ownership and lease rights over municipal land can only be obtained through open land auctions or competitions.
According to Article 80 of the Urban Planning and Construction Code of the Republic of Azerbaijan, the information procedure is applied, that is, on the land owned, leased or used, for the construction of residential houses with the number of above-ground floors not exceeding 3, the height not exceeding 12 meters, and the length of the passages not exceeding 6 meters. no permission required.
The distance between the central axes of load-bearing structural elements. That is, it is taken as the distance from the central axis of the load-bearing wall to the central axis of the opposite wall.<br><br>
When calculating the total areas of apartments, the areas of balconies and terraces - 0.3; the areas of glasshouses and loggias - multiplied by 0.5 reduction factors, and the areas of balconies are included in the total area of the apartment.
In order to carry out the state registration of rights over garden plots, according to Clause 8.0.7 of the Law "On the State Register of Real Estate", lease agreements for garden plots allocated to citizens by horticulture departments under the relevant executive authorities until May 22, 2007, Orders and warrants must be submitted to the list of members of the collective horticulture-fellowship farm, according to the issued membership booklet or an extract from the minutes of the members' meeting.
The term "cadastre" is derived from the Latin word "capitastrum" and means "enumeration of things". The history of cadastral works dates back to a very ancient period in the world. Cultivation of the land, exchange of goods between people, purchase and sale of property, the history of various types of taxes are among the events that indicate the beginning of cadastral works. A number of field cadastres are carried out by various executive authorities in Azerbaijan: real estate cadastre, land cadastre, water cadastre, forest cadastre, urban planning cadastre, mineral deposits and manifestations cadastre, etc.
Real estate cadastral accounting is the determination of the location, quantity and quality indicators of real estate objects by the cadastral authority and the registration of initial and updated data in the real estate cadastre. There are 2 types of cadastral accounting depending on the number of objects included in the accounting and the volume of work: systematic (massive) , consecutive) cadastral accounting works; sporadic (individual, adda-budda) cadastral accounting works. Systematic cadastral accounting works can include cadastral accounting works carried out within the administrative boundaries of any district or on a national scale. Sporadic cadastral accounting work refers to accounting work carried out in relation to one or another specific real estate object based on individual requests of citizens.
Cadastre data are provided to the citizen in electronic and (or) paper forms on a paid or free basis based on the citizen's electronic or application request.
In the following cases, the body conducting real estate state cadastral accounting may refuse to accept the documents submitted to it for accounting purposes:
In connection with the state registration of rights on real estate, applicants are provided with a confirmation notice when they apply electronically through the e-emlak.gov.az portal or directly to the territorial offices of the public legal entity "State Cadastre and Register of Real Estate".
The confirmation notification contains the applicant's surname, first name and patronymic (name of a legal entity), the application registration number, the date the application was registered and the last date of execution, as well as information about the list of documents attached to the application.
Through this notification, the applicant receives information about the acceptance of his application, the period of time that application will be considered and the registration number of the application. Based on the information in the confirmation notice, the applicant has the opportunity to find out the status of his application.
One of our electronic services available to citizens is the "Property Calculator" service. Through this calculator, citizens learn in advance the state fee and service fee they will pay when using the services related to the registration of rights to real estate and the technical inventory of real estate. In order to accurately calculate the state fee and service fee, applicants must enter the information correctly.
To use the service, you need to enter the e-emlak.gov.az portal and select the property calculator heading. After that, the "Requested service" window is activated. From here, he enters the necessary information (for example, the purpose of the application, the type of real estate, the address of the real estate, the acceleration period of the application, etc.). Based on this information, information about the amount of state duty and service fee is reflected in the calculator.
The application and receipt of documents for the cancellation of the state registration of the real estate mortgage has been electronicized. For this, the applicant enters the e-emlak.gov.az portal, selects "Application for cancellation of state registration of real estate mortgage and acceptance of documents" from the "Electronic services" section, records the required information on the opened page and adds the necessary documents to the application. .
Documents that the applicant must attach to his application: 1) the mortgagee's application or a legally binding court decision to cancel the mortgage; 2) a document confirming the identity of the representative applying on behalf of the mortgagee and a power of attorney issued in his name.
The state fee and service fee are paid for the implementation of the service.
The electronic application of the applicant is registered. and an electronic confirmation notification is sent to him. After the application is executed, a notice is sent to the mortgage holder by the relevant Territorial Department of the "State Cadastre and Register of Real Estate" public legal entity regarding the cancellation of the mortgage registration.
An easement is registered as an encumbrance on real estate. For this, applicants are required to enter the e-emlak.gov.az portal and select "Acceptance of application and documents for state registration of easement" from the "Electronic services" section. The applicant records the required information on the opened page and adds the necessary documents to the application.
Documents that the applicant must add to his application: 1) a notarized contract on real estate easement; 2) it is a document confirming the identity of the applicant.
A state fee and service fee are paid for the implementation of the service.
The applicant's electronic application is registered and an electronic confirmation notification is sent to him. After the application is executed, an encumbrance extract is prepared for the registration of the easement in the state register of real estate, and an SMS notification is sent to the applicant.
In order to cancel the registration of the easement registered as an encumbrance on real estate, applicants are required to enter the e-emlak.gov.az portal and select "Acceptance of the application and documents for the cancellation of the state registration of the easement" from the "Electronic services" section. A state fee and service fee are paid for the implementation of the service.
The applicant's electronic application is registered and an electronic confirmation notification is sent to him. After the application is executed, a letter is addressed to the applicant about the cancellation of the state registration of the real estate easement.
The application and receipt of documents for the state registration of the subsequent mortgage of immovable property has been electronicized. For this purpose, the person who wants to apply enters the e-emlak.gov.az portal, selects "Acceptance of application and documents for additional state registration of real estate mortgage and state registration of subsequent mortgage" from the "Electronic services" section, and records the required information on the opened page. and adds the necessary documents to the application. The documents that the applicant must attach to his application are: 1) a notarial agreement on the subsequent mortgage of real estate, 2) a document confirming the identity of the representative applying on behalf of the mortgage holder and a power of attorney issued in his name.
State fee for the implementation of the service and the service fee is paid.
After the application has been processed, an electronic extract on the subsequent state registration of the mortgage is drawn up and an SMS notification is sent about it.
The application and receipt of documents for the cancellation of the state registration of the real estate mortgage has been electronicized. For this purpose, the person who wants to apply should enter the e-emlak.gov.az portal, select "Acceptance of application and documents for additional state registration of real estate mortgage and cancellation of state registration of subsequent mortgage" from the "Electronic services" section, and enter the required information on the page that opens. and adds the necessary documents to the application. The documents that the applicant must attach to his application are: 1) the mortgagee's application or a legally binding court decision on the cancellation of the mortgage, 2) the document confirming the identity of the representative applying on behalf of the mortgagee and the power of attorney issued in his name.
A state fee and service fee are paid for the implementation of the service.
The applicant's electronic application is registered and an electronic confirmation notification is sent to him. During this period, the mortgagee is notified of the cancellation of the mortgage registration.
